Fishermen’s Pension And Social Security Benefit Scheme

(a) to provide social security to fishermen during their old age or disability ;

(b) to provide relief to the dependents of fishermen upon the death of such fishermen ;

(c) to encourage fishermen to continue in their occupation ;

(d) to attract young persons to the fishing industry ; and

(e) to inculcate the habit of saving and to promote thrift among the fishermen.

(1) Subject to the provisions of subsection (2), any fisherman who is not less than eighteen years of. age and not more than fifty nine years of age shall be entitled to join the Scheme. For the purpose of this subsection ‘ fisherman’ means any person who makes his living by fishing or fish farming, whether in the sea, lagoons or inland bodies of water.

(2) The following persons shall not be entitled to join the Scheme:

(1) A fisherman who joins the Scheme (hereinafter referred to as the ” contributor “) shall be entitled to the following benefits under the Scheme calculated on such basis as may be prescribed:

(2) The basis of calculating a pension or gratuity shall be prescribed taking into consideration, inter alia, the period of contribution, the age of the contributor and the amount of contributions made by the contributor.

(1) A contributor shall be entitled to a pension on reaching the age of sixty years. A contributor who commences to contribute after reaching the age of fifty-five years shall, however, be entitled to a pension only after paying his entire contribution as may be prescribed and at the end of five years from the date of his joining the Scheme.

(2) The pension shall be paid upto the end of the month in which the contributor dies.

(a) to make rules in respect of the administration of the affairs of the Board with regard to the Scheme ;

(b) to refer to the Advisory Committee for advice any matter pertaining to the Scheme ;

(c) to maintain the required actuarial, financial and operational reports in respect of the Scheme ;

(d) to monitor, evaluate and review the Scheme and effect changes in the operational rules where necessary and where it is empowered to do so ;

(e) to determine the benefits to be paid to any contributor under the Scheme ;

(f) to employ officers, servants and other employees as are necessary for the efficient management of the Scheme ; and

(g) to do all other things which in the opinion of the Board are necessary to facilitate the operation and management of the Scheme.

(1) The Board may delegate to the Chairman or any other member of the Board or any officer of the Board any of its powers, functions or duties under section 13.

(2) The Chairman, a member or an officer to whom any of the powers, functions or duties of the Board have been delegated under subsection (1) shall exercise, perform or discharge such powers, functions or duties subject to the general direction of the Board.

(1) The date before which contributions are payable by a contributor shall be specified in the policy and any contributor who fails to pay ten consecutive installments shall forfeit the benefits under the policy issued to him.

(2) Where any contributor has forfeited the benefits under the policy issued to him the Board shall issue such contributor a notice to that effect,

(3) A contributor shall have the right to appeal to the Board to validate his policy and the Board shall validate the policy if it is satisfied that the reasons for failure to pay the installments were beyond the control of the contributor.

(4) Where the Board decides to validate a policy the contributor shall be informed of the date before which the arrears of installments will have to be paid. The date of such payment shall be the date of validation of the policy.

(5) Any contributor aggrieved by the decision of the Board shall have a right to appeal to the Secretary of the Ministry of the Minister whose decision shall be final and conclusive.

(1) Any contributor who is not satisfied with the award of benefit determined by the Board may, within thirty days of receiving the notice of such award, make an appeal to the Secretary of the Ministry of the Minister stating the grounds of his appeal.

(2) The decision of the Secretary of the Ministry of the Minister en such appeal shall be final and conclusive.

(3) The Secretary to the Ministry of the Minister shall communicate to the appellant and the Board, his decision on an appeal made to him under subsection (5) of section 16 or subsection (1) of this section. It shall be the duty of the Board to give effect to every such decision.

(a) six ex officio members, namely

(b) six members, nominated as follows:

(1) A person shall be disqualified from being nominated or from continuing to be a member of the Committee

(2) Every nominated member of the Committee shall, unless he vacates office earlier by death, resignation or removal hold office for a period of three years.

(3) Where a nominated member of the Committee vacates office earlier as aforesaid, the Minister shall nominate another person in his place, having regard to the pro visions of section 20(b), and such member shall hold office during the unexpired period of the member whom he succeeds.

(4) If the Chairman for any reason is unable to per form the duties of his office the person who for the time being acts as the Chairman of the Agricultural Insurance Board shall act as the Chairman of the Committee and shall be deemed to be a member of the Committee while he so acts.

(5) if any nominated member of the Committee is temporarily unable to discharge his functions on account of ill-health or absence from Sri Lanka or any other cause the Minister may, having regard to the provisions of section 20(b) nominate another person to act in his place.

(6) The Minister may. if he thinks it expedient to do so, by Order published in the Gazette remove any nominated member of the Committee without assigning any reason therefor and such removal shall not be called in question in any court.

(7) Any nominated member of the Committee may, at any time resign his office by letter addressed to the Minister.

(8) Any member of the Committee who vacates office other than a member who is removed from office shall be eligible to be reappointed.

(a) to advise the Board on such matters relating to the management, operation and implementation of the Scheme as may from time to time be referred to it by the Board ;

(b) to advise the Board with regard to making rules of the Board ;

(c) to formulate policies under the Scheme for the efficient management, operation and implementation of the Scheme ;

(d) to review the work of the Board with regard to the management, operation and implementation of the Scheme ; and

(e) to advise and make recommendations to the Minister, with regard to the management, operation and implementation of the Scheme.

(1) There shall be established a Fishermen’s Pension and Social Security Benefit Fund (hereinafter referred to as the “Fund”).

(2) There shall be paid into the Fund

(3) There shall be paid out of the Fund all sums of money required to defray any expenditure incurred by the Committee and the Board in the exercise, discharge and performance of the powers, duties and functions of the Committee and the Board, under this Act and all sums of money required to be paid out of the Fund, by or under this Act.

(1) The Board may, with the concurrence of the Minister and the Minister in charge of the subject of Finance or in accordance with the terms of. any general authority given with like concurrence, borrow by way of overdraft or otherwise, or negotiate and obtain on credit, such sums as- the Board may require for meeting the obligations of the Board or carrying out the objects of the Scheme under this Act:

Provided that, the aggregate of the amounts outstanding in respect of the loans raised by the Board under this subsection shall not. at any time, exceed such sum as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(1) The financial year of the Fund shall be the calendar year.

(2) The Board shall cause the books of the Fund to be balanced as on the thirty-first day of December in each year and shall before the thirtieth day of April next, cause to be prepared an income and expenditure account and a balance sheet containing a summary of the assets and liabilities of the Fund made up to the first-mentioned date, and a statement of investment of moneys of the Fund, indicating the purchase price and the market value, on the first mentioned date, of such investments.

(3) The income and expenditure account and the balance sheet shall be signed by the member of the Board authorized to do so by a resolution of the Board.

(4) The Auditor-General shall audit the accounts of the Scheme every year in accordance with Article 154 of the Constitution-

(1) The Minister may make regulations in respect of all matters which are stated or required by this Act to be prescribed or in respect of which regulations are required by this Act to be made, including

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

(3) Every such regulation shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything previously done thereunder Notification of the date on which a regulation is deemed to be rescinded shall be published in the Gazette.

(1) No suit or prosecution shall lie

(2) Any expenses incurred by such person as is referred to in subsection (1) in any suit or prosecution brought against him before any Court in respect of any act which is done by him under this Act or on the direction of the Board shall, if the Court holds that the act was done in good faith be paid out of the Fund.