Sri Lanka Consolidated Acts

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National Institute Of Plantation Management (Amendment) Act (No. 5 of 1987) - Sect 5

Insertion of new Part to the principal enactment

5. The following new Part is hereby inserted immediately after Part I and shall have effect as Part IA of the principal enactment:
15A.
(1) No person shall be enrolled as a member of the Institute under section 4,
(a) if he has not attained the age of eighteen years;
(b) if he has been adjudged by a competent court to be of unsound mind;
(c) if having been adjudged an insolvent or bankrupt, he has not been granted by a competent court a certificate to the effect that his insolvency or bankruptcy has arisen wholly or partly from unavoidable losses or misfortunes;
(d) if he has been convicted by a competent court, whether in Sri Lanka or outside Sri Lanka, of any offence involving moral turpitude and punishable with imprisonment for a term not less than six months.
(2) The Board shall disenrol any person who is a member of the Institute, if he becomes subject. to any disqualification mentioned in paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) of this section:
15B.
(1) The Board may disenrol any individual who is a member of the Institute, as a member, if satisfied that he is unfit to be a member by reason that he has been guilty of professional misconduct.
(2) The disenrolment of any member under subsection (1) shall not prevent the Board from subsequently re-enrolling that member, if satisfied that he is fit to practise the profession of a member.
(3) For the purpose of this Act (a) conviction by a competent court whether in or outside Sri Lanka for any offence involving moral turpitude punishable with imprisonment; (b) gross negligence in the performance or professional work; (c) making a declaration, statement or return to the Board knowing it to be false; (d) discrediting or attempting to discredit the reputation of the Institute, shall be deemed to be professional misconduct.
15c.
(1) The Board shall not, under section 15B disenrol any member unless a Disciplinary Committee has, after inquiry made a report to the Council that the member has been guilty of professional misconduct.
(2) Where the Board has reasonable cause to believe, whether upon complaint made to it or otherwise, that any member of the Institute has been guilty of professional misconduct, the Board may appoint a Disciplinary Committee for the purpose of holding an inquiry into the conduct of that member.
(3) The provisions of the Schedule to this Act shall apply in relation to the constitution of and the procedure to be followed by Disciplinary Committees appointed under this section, the proceedings at, inquiries held by such Committees and the powers exercisable by such Committees.
15D. In any case where the Board is by section 15B empowered to disenrol any member from membership of the Institute the Board may, in lieu of exercising that power, suspend that member from membership for such period as the Board may deem fit.
15E. Any person aggrieved by a decision of the Board under section 15B or section 15D may appeal against that decision to the Court. of Appeal within one month of such decision being communicated to him.
15F. No person, shall take or use the title " student member of the National Institute of Plantation Management ", "Associate member of the National Institute of Plantation Management", "Fellow Member of the National Institute of Plantation Management ", unless he has been enrolled as such by the Institute.
15G. Every person who neglects or fails to comply with the provisions of section 15F of this Act shall be guilty of an offence and on conviction after trial before a Magistrate be liable to imprisonment of either description for a period not exceeding six months or to a fine not exceeding one thousand five hundred rupees or to both such imprisonment and fine. '.


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