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Short title and date of operation.
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1. This Act may be cited as the National Aquatic Resources Research and Development Agency Act, No. 54 of 1981, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette, (in this Act referred to as the” appointed date”).
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Establishment of the National Aquatic Resources Research and Development Agency.
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2. There shall be established in accordance with the provisions of this Act, the National Aquatic Resources Research and Development Agency (hereinafter referred to as ” the Agency”) which shall be the principal national institution charged with the responsibility of carrying out and co-coordinating research, development management and conservation activities on the subject of aquatic resources, hydrographic surveying and nautical charting, hydrographic surveying and nautical charting.
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Agency to be a body corporate.
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3. The Agency shall, by the name assigned to it by section 2, be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name.
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Objects and functions of the Agency.
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4. The objects and functions of the Agency shall be-
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(a) to ensure the application and utilization of scientific and technological expertise for the implementation of the national development programme on the subject of aquatic resources;
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(b) to promote and conduct research activities directed towards the identification, assessment, management, conservation and development of aquatic resources, and in particular in the following fields:
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(i) oceanography and hydrography ;
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(ii) improvement and development of fishing craft, fishing gear and equipment, and fishing methods;
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(iii) the social and economic aspects of the fishing industry, including the welfare of fishermen and their dependants;
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(iv) the processing, preservation and marketing of fish and aquatic products;
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(v) the development, management and conservation of aquatic resources in the inland waters, coastal wetlands and off-shore areas;
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(c) to provide advisory and consultancy services on scientific, technological and legal matters relating to the exploitation, management, conservation and development of aquatic resources;
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(d) to co-ordinate the activities of institutions engaged in the exploitation, planning, research, development, conservation, control and management of aquatic resources;
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(e) to undertake the collection, dissemination and publication of information and data useful for the management, conservation and development of aquatic resources and the fishing industry in Sri Lanka;
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(ee) to undertake the collection, processing and publication of hydrographic data and nautical information on the near shore and off shore areas and inland waters, and to have overall control of such activities in Sri Lanka;
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(f) to provide training for persons required to carry out or assist in the work of the Agency; and
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(g) to exercise, discharge and perform all the powers, functions and duties conferred or imposed on the Agency under this Act.
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Powers and duties of the Agency.
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5. The Agency shall have the power
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(a) to acquire in my manner whatsoever and hold any movable or immovable property and to sell or otherwise dispose of any such property;
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(b) to establish and maintain such facilities as office buildings, installations, laboratories, plant, equipment, vehicles, vessels and other crafts as the Agency may deem necessary to achieve its objects; .
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(c) to undertake such activities and operations, including extension services, as the Agency may deem necessary for the commercial utilization and development of aquatic resources and the application and utilization of its expertise;
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(d) to enter into any contract or agreement with Government departments, local authorities, public corporations, and other persons for the purpose of carrying out its functions;
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(e) to obtain loans on such terms and conditions as may be approved by the :Minister with the concurrence of the Minister in charge of the subject of Finance for the purpose of carrying out any of its objects;
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(f) to charge fees for any services or facilities provided by the Agency;
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(g) with the concurrence of the Minister in charge of the subject of Finance, to receive foreign or local donations and grants including awards for training and to provide grants for research, teaching and training relating to the management, conservation and development of aquatic resources;
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(h) to enter into contracts or agreements relating to the use of patents, industrial designs, copyright, and trade marks;
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(i) to conduct and render research and technical services-
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(i) for the Ministry of the Minister to whom the subject of Fisheries and Aquatic Resources Development is for the time being assigned, with the object of ensuring the implementation of the national development programme of such Ministry, and
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(ii) at the request of any other Ministry, Government department, or any branch thereof, public corporation, or any other person, in such manner as the Agency in” consultation with the Minister shall deem advisable;
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(j) to advise and make recommendations to any Ministry, any Government department or branch thereof, or any public corporation or any other person
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(i) on research. management, development and regulation, including the conservation and utilization, of the aquatic resources of Sri Lanka, and
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(ii) the formulation of national policies relating to the management, conservation and development of the national aquatic resources of Sri Lanka;
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(k) to prepare an Aquatic Resources Management, conservation, Development and Research Plan and to revise such plan from time to time;
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(l) to initiate and conduct surveys of national aquatic resources and off-shore areas of Sri Lanka;
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(m) to establish standards and procedures for gathering, processing and presenting, of hydrographic data and nautical information ;
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(n) to train personnel, conduct examinations, establish national professional standards and issue licences to persons to function as hydographic surveyors ;
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(o) to control and coordinate all hydrographic surveying and nautical charting activities in Sri Lanka ;
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(p) to undertake and perform all such projects and functions as the Minister may, in consultation with the Governing Board, assign to the Agency in the implementation of the national development programme of the Ministry; and
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(q) to take all such measures as may be necessary for the fulfillment and performance of its objects and functions.
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Constitution of the Governing Board.
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6.
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(1) The powers and duties of the Agency shall be vested in a Governing Board (hereinafter referred to as “the Board”) consisting of
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(a) eight members appointed by the Minister (hereinafter referred to as ” appointed members”) each of whom has distinguished himself in the field of management, conservation, research or development of aquatic resources; and
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(b) the following ex-officio members –
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(i) the person for the time being holding office as the Secretary to the Ministry of the Minister incharge of the subject of Fisheries and Aquatic Resources Development or his representative nominated by such Minister;
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(ii) the person for the time being holding office as the Secretary to the Ministry of the Minister incharge of the subject of Ports and Shipping or his representative nominated by such Minister;
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(iii) the person for the time being holding office as the Secretary to the Ministry of the Minister incharge of the subject of Finance or his representative nominated by such Minister;
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(iv) the person for the time being holding office as the Secretary to the Ministry of the Minister incharge of the subject of Scientific Affairs or his representative nominated by such Minister ;
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(v) the person for the time being holding office as the Commander of the Sri Lanka Navy or his representative nominated by such Commander ;
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(vi) the person for the time being holding office as the Surveyor General ;
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(vii) the person for the time being holding office as the Director, Fisheries and Aquatic Resources Development ; and
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(viii) the person for the time being holding office as the Director-General of the Agency.
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(2) Every appointed member shall, unless he earlier vacates office by death, resignation or removal, hold office for a period of two years and shall be eligible for reappointment.
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(3) Where any appointed member vacates office prior to the expiration of his term of office, the Minister shall appoint another person in his place to hold office for the unexpired period of the term of office of the member whom he succeeds.
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Powers and duties of the Board.
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7.
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(1) Subject to the other provisions of this Act, the Board may
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(a) formulate the policies of the Agency for the achievement of its objects;
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(b) perform any of the functions of the Agency;
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(c) establish with the approval of the Minister such departments and divisions of the Agency as may be necessary for the proper exercise, performance and discharge of its powers, duties and functions;
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(d) appoint, dismiss, exercise disciplinary control over and fix the wages and emoluments of the staff of the Agency;
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(e) determine the terms and conditions of service of such staff ;
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(f) establish and regulate provident funds and welfare schemes for the benefit of the staff and their dependants and make contributions to any such fund or scheme;
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(g) advise and make recommendations to the Minister on matters relating to the management, development and conservation of aquatic resources in Sri Lanka ;
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(h) prepare and keep under continual review, the Aquatic Resources Management, Development, Conservation and Research Plan ;
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(i) appoint a competent person to certify hydrographic surveys, hydrographic fairsheets, charts and nautical publications ;
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(j) delegate to the Chairman or the Director-General, any of its powers or duties relating to the appointment, dismissal or disciplinary control of the staff of the Agency ;
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(k) administer and manage the affairs of the Agency.
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(2) Rules may be made under this Act in respect of all or any of the matters referred to in subsection (1).
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Chairman of the Board.
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8.
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(1) The Chairman of the Board shall be appointed by the Minister from among the appointed members of the Board.
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(2) The Chairman shall, unless he earlier vacates office as the Chairman, hold office for a period of two years, but shall be eligible for reappointment to that office: Provided; however, that where the Chairman ceases to hold office as Chairman prior to the expiration of his term of office the Minister may appoint another appointed member as Chairman and such successor shall, unless he earlier vacates office as Chairman, serve as the Chairman for the unexpired period of the term of office of the Chairman whom he succeeds
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(3) If the Chairman of the Board becomes by reason ,of illness, absence from Sri Lanka or any other cause temporarily unable to perform the duties of his office the Minister may appoint any appointed member to act in his place.
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(4) The Chairman may resign the office of Chairman by writing under his hand addressed to the Minister.
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Director General of the Agency.
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9.
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(1) The Minister may, on the recommendation of the Board, appoint a person qualified in relation to the work of the Agency as the Director-General of the Agency (hereinafter referred to as “the Director-General “) .
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(2) The Director-General appointed under subsection (1) shall be remunerated in such manner and at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance and shall be subject to such terms and conditions of service as may be specified by the Minister on the -recommendation of the Board.
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(3) The Director-General shall be responsible for the performance of the administrative functions of the Board and the implementation of the decisions of the Board.
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(4) The Director-General shall be charged with the exercise and performance of such powers and duties of the Board as the Board may delegate to him.
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(5) For the purposes of subsection (1) the appointed members shall be deemed to constitute the Board.
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Proceedings of the Board & c.
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10.
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(1) The Board shall meet at least once a month.
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(2) ‘the Chairman shall give at least seven days notice in writing of every meeting other than a special meeting of the Board to each of the members and shall specify in such notice the business to be dealt with at such meeting.
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(3) The Chairman shall at the request of four members of the Board summon a special meeting of the Board within seven days after being requested to do so in writing.
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(4) The Chairman shall give at least two days’ notice in writing of such special meeting of the Board to each of the members and shall specify in such notice the business to be dealt with at such meeting.
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(5) Five members shall from a quorum at any meeting of the Board.
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(6) All decisions of the Board shall as far as possible be taken by a consensus.
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(7) Where a consensus is not possible a decision thereon shall be postponed for the next meeting of the Board. Where such consensus is not possible at such meeting, a vote shall be taken thereon and a decision taken by a majority vote. In case of an equality of votes the Chairman shall have a casting vote.
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(8) The proceedings at every meeting of the Board shall be recorded in a minutes book and -such minutes shall be adopted at the next meeting of the Board.
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(9) Subject to the provisions herein contained the Board may determine its own procedure.
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Secretary to the Board.
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11. There shall be a Secretary to the Board, who shall be appointed by the Board on such terms and conditions of employment as may be determined by the Board and be subject to the general direction and control of the Board.
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Secretariat of the Agency
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12. There shall be a Secretariat of the Agency which shall be under the direction and control of the Director-General and shall perform such administrative and other functions as may be assigned to it by the Director-General.
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Scientific and Technical Committee.
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17.
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(1) The following shall constitute a Standing Committee of the Agency Known as the Scientific and Technical Committee (hereinafter referred to as the ” Committee “) ;-
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(b) the Director General ;
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(c) the Heads of Research Divisions, and of the Hydrographic Office, of the Agency ;
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(d) the Director of Coast Conservation ;
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(e) two representatives from the Ministry of the Minister to be nominated by the Secretary to such Ministry ;
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(f) two representatives from the aquatic industry to be appointed by the Minister ;
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(g) two eminent members of the scientific community to be appointed by the Minister ; and
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(h) two members of the Board to be nominated by the Board.
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(2) Every member of the Committee appointed under paragraphs (f) and (g) of subsection (1) shall, unless he earlier vacates office by death, resignation or removal, hold office for a period of two years and shall be eligible for reappointment.
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(3) Where any member appointed under paragraphs (f) and (g) of subsection (1) vacates office prior to the expiration of his term of office, the Minister shall appoint another person in his place to hold office for the unexpired period of the term of office of the member whom he succeeds.
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18. The duties of the Committee shall be
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(a) to receive and evaluate proposals for research and development and make recommendations to the Board on the annual work programme and budget of the Agency;
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(b) to receive and evaluate reports submitted to it and monitor the progress of approved projects, and make recommendations to the Board on such projects; and
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(c) to tender advice on such scientific or technical matters as the Board, may refer to it.
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Proceedings of the Committee & c.
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19.
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(1) The Director-General shall convene a meeting of the Committee at least once in every three months.
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(2) The Director-General shall give at least seven days’ notice to each of the members in writing prior to such meeting.
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(3) Eight members shall form a quorum at a meeting of the Committee.
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(4) All decisions of the Committee shall as far as possible be taken by a consensus.
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(5) The proceedings at every meeting of the Committee shall be recorded in a minutes book and such minutes shall be adopted at the next meeting of the Committee.
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(6) Subject to the provisions herein contained the Committee may determine its own procedure.
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Remuneration of members of Board and Committee.
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20. The members of the Board and Committee shall be remunerated in such manner and at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.
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Removal of appointed members of the Board of Committee.
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21. Where any appointed member of the Board or member of the Committee appointed under paragraph (f) and (g)of subsection (1) of section 17 is deemed by a majority of the other members of the Board or Committee, as the case may be, to be unsuitable for the performance of his functions under this Act on account of his misconduct or incapacity or inefficiency the Minister may upon the recommendation of such other members of the Board or Committee, as the case may be, remove such member.
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Disclosure of interest by members of Board or Committee.
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22. A member of the Board or Committee who is directly or indirectly interested financially or otherwise in any project, undertaking or contract made or proposed to be made by the Board, shall disclose the nature of his interest at the earliest possible opportunity at a meeting of the Board or Committee, as the case may be, and such disclosure shall be recorded in the minutes of the Board or Committee, as the case may be, and the member shall not thereafter take part in any deliberation or decision with regard to the project, undertaking or contract, unless the Board or Committee directs otherwise.
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Vacancy among members not to in validate act or proceeding of the Board or Committee.
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23. No act or proceeding of the Board or Committee shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment of any of its members.
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Appointment of public officer to the staff of the Agency.
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24.
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(1) At the request of the Board, any public officer may, with the consent of that officer and of the Secretary to the Ministry in which that officer is employed or attached, be temporarily appointed to the staff of the Agency for such period as may be determined by the Board with like consent, or with like consent be permanently appointed to such staff.
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(2) Where any public officer referred to in subsection (l) is temporarily appointed to the staff of the Agency under that subsection, the provisions of section 3 (2) of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.
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(3) Where any public officer referred to in subsection (1) is permanently appointed to the staff of the Agency under that subsection, the provisions of section 13 (3) of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.
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Agency deemed to be a scheduled institution within the meaning of the Bribery Act.
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25. The Agency shall be deemed to be a scheduled institution within the meaning of the Bribery Act and the provisions of that Act shall be construed accordingly.
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Advisors.
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26. The Board may with the prior sanction of the Minister seek the assistance of any Government department or any branch thereof or any public corporation or any other person to be or to act as advisors or consultants to the Agency and pay such remuneration as may be determined by the Board with the concurrence of the Minister and the Minister in charge of the subject of Finance.
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Furnishing of information to the Minister.
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27. The Board shall furnish to the Minister such information as h e may call for from time to time in respect of the activities and financial position of the Agency:
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Provided, however, that no information in relation to matters which the Agency is bound to treat as confidential under any agreement with any party, other than any Government department or branch thereof, shall be disclosed under this section.
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Minister’s directions to the Board.
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28. The Minister may after obtaining the written observations of the Board give the Agency, in writing, general or special directions as to the exercise, performance and discharge of its powers, duties and functions in relation to matters which are of national interest and the Board shall give effect to such directions.
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The Fund of the Agency.
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29.
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(1) The Agency shall have and maintain its own Fund.
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(2) There shall be paid into the Fund of the Agency
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(a) all sums of money as may be voted from time to time by Parliament for the use of the Agency;
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(b) all sums of money received by the Agency in the exercise, performance and discharge of its powers, duties and functions; and
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(c) all sums of money as may be received by the Agency with the approval of the Minister by way of donations, gifts or grants from any source whatsoever whether local or foreign.
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(3) There shall be paid out of the Fund of the Agency all sums of money required to defray any expenditure incurred by the Agency in the exercise, performance and discharge of its powers, duties and functions.
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Withdrawal and investment of moneys of the Fund.
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30. The made and manner of withdrawal of any moneys from the Fund and the investment of any moneys of the Fund shall be made by the Board in accordance with such regulations as may be made from time to time for that purpose.
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Agency to be exempt from payment of tax, & c.
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31.
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(1) The Agency shall be exempt from the payment of-
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(a) any tax on the income or profits or other receipts of the Agency; and
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(b) any stamp duty on any instrument executed by or on, behalf, or in favour, of the Agency.
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(2) The Minister with the concurrence of the Minister in charge of the subject of Finance may exempt the Agency from the payment of any customs or excise duty on any goods donated to the Agency or imported or purchased out of its funds by the Agency, if the donation or import or purchase of any such goods is considered to be conducive for the advancement of the objects of the Agency.
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(3) In the case of any instrument containing any agreement between the Agency and any other party and providing for payment to the Agency for services rendered or to be rendered by the Agency, or otherwise in support of the Agency’s work, both the Agency and such other party shall be exempt from the payment of any stamp duty on such instrument.
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(4) Any person making a payment to the Agency for services rendered or as a contribution to the general support of the Agency may claim the amount of such payment as a deduction from income in the year in which such payment is actually made for the purpose of computing liability for income tax.
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Financial year of the Agency and audit of accounts.
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32.
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(1) The financial year of the Agency shall be the calendar year.
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(2) The Board shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Agency.
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(3) The provisions of Article 154 of the Constitution relating to the accounts of public corporations shall apply to the audit of the accounts of the Agency.
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Special export duty for providing the Fund with an income.
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33.
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(1) There shall be charged, levied and paid an export duty in respect of aquatic products exported from Sri Lanka, of such amount as may be determined from time to time ‘by resolution of Parliament.
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(2) Any resolution made under subsection (1) may be varied or rescinded at any time by a like resolution.
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(3) This section shall have effect as though it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly:
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Provided that the export duty imposed by this Act shall be in addition to any export duty imposed by or under that Ordinance or any other written law.
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(4) The proceeds of the export duty imposed by this Act shall be paid monthly to the Agency by the Principal Collector of Customs and shall be credited to the Fund of the Agency.
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Record.
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34. The Director-General shall cause to be maintained records containing the particulars of researches, studies, tests, experiments and other investigations conducted by the officers of the Agency and of discoveries or inventions made by them.
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State property both movable and immovable to be made available to the Agency.
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35. The Minister may, by Order published in the Gazette, transfer too and vest in the Agency the possession and use if any movable or immovable property of the State for the purposes of the Agency:
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Provided, however, that no Order affecting any immovable property of the State shall be made by the Minister under the preceding provisions of this section without the concurrence of the Minister in charge of the subject of Lands:
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Provided further that no Order affecting any movable property of the State shall be made by the Minister under the preceding provisions of this section without the concurrence of the Minister having control over such property.
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Transfer of certain research projects to the Agency.
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36. As soon as may be after the appointed date, the Agency shall take over the responsibility for the direction, support and continuance of all or any of the research projects carried on by any division or any public corporation under the Minister or by any other person for or on behalf of such division or corporation, as may be ordered by the Minister to be transferred to the Agency.
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Acquisition of immovable property under the Land Acquisition Act.
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37.
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(1) Where any immovable property is required to be acquired for any purpose of the Agency and the Minister, by Order published in the Gazette, approves of the proposed acquisition, that property shall be deemed to be required for a public purpose and may accordingly be acquired under the Land Acquisition Act and be transferred to the Agency.
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(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Agency shall be paid out of the Fund of the Agency
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Protection for action taken under this Act or on the direction of the Agency.
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38.
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(1) No suit or prosecution shall lie
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(a) against the Agency for any act which in good faith is done or purported to be done by the Agency under this Act; or
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(b) against any member, officer, servant or agent of the Agency for any act which in good faith is done or purported to be done by him under this Act or on the direction of the Agency.
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(2) Any expense incurred by the Agency in any suit or prosecution brought by or against the Agency before any court shall be paid out of the Fund of the Agency and any costs paid to, or recovered by, the Agency in any such suit or prosecution shall be credited to the Fund of the Agency,
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(3) Any expense incurred by such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Act or on the direction of the Agency shall, it the court holds that such act is in good faith, be paid out of the Fund of the Agency, unless such expense is recovered by him in such suit or prosecution.
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Restriction on publication of reports, & c.
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38A. No officer of the Agency shall publish or cause to be published, any report or research finding of the Agency, without obtaining the prior written permission of the Director General.
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No officer or servant can engage in service to any other employer.
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39. No officer or servant of the Agency shall engage in any paid service to any other employer without obtaining the prior consent in writing of both the Director-General and the Board.
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Regulations.
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40.
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(1) The Minister may, in consultation with the Board. make regulations for all matters in respect of which regulations are authorized or required to be made under this Act.
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(2) Every regulation made by the Minister under this Act 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.
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(3) Every regulation made by the Minister shall, as soon as convenient after the date of its publication, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done thereunder.
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Rules.
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41.
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(1) The Agency may make rules in respect of all or any of the matters for which rules are authorized or required by this Act to be made.
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(2) A rule made by the Agency under subsection (1) shall not have effect until it is approved by the Minister and notification of such approval is published in the Gazette
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42. In this Act, unless the context otherwise required –
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“aquatic product” means any aquatic resource or substance, processed or unprocessed taken from within or beneath the medium of water within or outside Sri Lanka;
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“aquatic resources” means all living and non-living resources contained in or beneath the medium of water;
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“Ceylon Fishery Harbours Corporation” means the Ceylon Fisheries Corporation established under section 2 of State Industrial Corporations Act, No. 49 of 1957 ;
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“Ceylon Fishery Harbours Corporation” means the Ceylon Fishery Harbours Corporation established under section 2 of the State Industrial Corporations Act, No, 49 of 1957 ;
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“coastal wetlands” means salt water, coastal fresh waters, marshes and mudflats including estuaries, lagoons and mangrove swamps;
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” Exclusive Economic Zone ” means the area declared to be the Exclusive Economic Zone of Sri Lanka by proclamation made under section 5 of the Maritime Zones Law, No. 22 of 1976;
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” inland waters” means all waters lying landward of the baselines applicable under the Maritime Zones Law No. 22 of 1976 ;
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“Minister” means the Minister appointed under Article 44 of the Constitution to be in charge of the subject of Fisheries and Aquatic Resources Development ;
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“national aquatic resources” means all living and nonliving resources contained in or found beneath the medium of water and which are subject to the sovereignty, jurisdiction or control of Sri Lanka;
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“off-shore areas” means all those areas which are subject to the sovereignty, jurisdiction or control of Sri Lanka in accordance with the provisions of the Maritime Zones Law, No. 22 of 1976 and includes the Exclusive Economic Zone ;
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“public corporation” means any corporation, board or other body which was or is established by or under any written law other than the Companies Ordinance, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise.
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