CIVIL AVIATION AUTHORITY OF SRI LANKA ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT AND CONSTITUTION OF THE CIVIL AVIATION AUTHORITY OF SRI LANKA

2. Establishment of the Civil Aviation Authority of Sri Lanka.

3. Constitution of the Authority.

4. Members to disclose any interest in any decision to be made by the Authority.

5. Prohibition from certain undertakings for a limited period.

6. Appointment of Committees.

PART II

POWERS, FUNCTIONS AND DUTIES OF THE AUTHORITY

7. Powers, functions and duties of the Authority.

8. Transfer and vesting of property in the Authority.

9. Transfer of aerodromes and certain buildings and lands specified in the Second and Third Schedules.

10. Authority's right to recover debts and liabilities.

PART III

APPOINTMENT AND POWERS AND DUTIES OF THE DIRECTOR GENERAL OF CIVIL AVIATION

11. Appointment and powers and duties of the Director General of Civil Aviation.

PART IV

FINANCE

12. Fund of the Authority.

13. Authority to maintain accounts.

14. Financial year and audit of accounts.

15. Annual Report.

16. Investment of funds.

17. Borrowing powers of the Authority.

PART V

STAFF OF THE AUTHORITY

18. Staff of the Authority.

19. Public officers to be appointed to the staff of the Authority.

20. Public officers in the Department of Civil Aviation to be employed by the Authority.

PART VI

OFFENCES AND PENALTIES

21. Damage to property of the Authority to be an offence.

22. Hindering or obstructing an officer or servant to be an offence.

23. Failure to furnish information.

24. Recovering for damages done to property of the Authority.

25. General penalty.

26. Compounding of offences.

27. Offences committed by a body of persons.

28. Attorney-General's sanction being required.

PART VII

GENERAL

29. Declaration of secrecy.

30. Delegation of powers.

31. Directions by the Minister.

32. Returns and information.

33. Equivalent of SDR in rupees.

34. Members deemed to be public servants.

35. Authority deemed to be a scheduled institution.

36. Acquisition of immovable property under the Land Acquisition Act.

37. State property both movable and immovable to be made available to the Authority.

38. Expenses in suit or prosecution to be paid out of the fund.

39. Regulations.

40. Rules.

41. Sinhala text to prevail in case of inconsistency.

42. Interpretation.

43. Director-General powers under Air Navigation Act to be exercised by the Director-General appointed under section 11.

34 of 2002.

AN ACT to provide for the establishment of the Civil Aviation Authority of Sri Lanka, for the transfer of all property, contracts, rights and liabilities of the department of Civil Aviation to the Civil Aviation authority in Sri Lanka, for the appointment of the Director-General of Civil Aviation, and for matters connected therewith or incidental thereto.

[Date of Commencement: 18th December, 2002]

1. Short title.

This Act may be cited as the Civil Aviation Authority of Sri Lanka Act.

PART I

Establishment and Constitution of the Civil Aviation Authority of Sri Lanka

2. Establishment of the Civil Aviation Authority of Sri Lanka.

(1) There shall be established an authority called the Civil Aviation Authority of Sri Lanka (hereinafter referred to as the "Authority”).

(2) The Authority shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

3. Constitution of the Authority.

(1) The Authority shall consist of the following members—

(a) the Secretary to the Ministry of the Minister in charge of the subject of Defence;

(b) a representative of the Ministry of the Minister in charge of the subject of Finance, nominated by that Minister;

(c) five persons appointed by the Minister of whom not less than two shall have considerable experience or knowledge in the field of civil aviation; and

(d) the Director-General.

(2) The Minister shall appoint one of the members of the Authority, to be its Chairman and one other member to be its Vice-Chairman.

(3) The Minister shall in appointing a member under paragraph (c) of subsection (1), satisfy himself that such member has no financial or other interest in any airline or aviation related business that is likely to prejudicially affect the discharge of his or her functions as such member, and further shall also satisfy himself from time to time that such member has no such interest.

(4) The Chairman may by written authority, authorise any member of the Authority to perform any of the functions conferred upon him as Chairman.

(5) The provisions of the First Schedule to this Act, shall apply to and in relation to the members of the Authority, its meetings and the seal of the Authority.

4. Members to disclose any interest in any decision to be made by the Authority.

A member of the Authority who is directly or indirectly interested in any decision that is to be taken on any transaction or project of the Authority, shall disclose the nature of such interest at the meeting of the Authority where such decision is being taken. The disclosure shall be recorded in the minutes of the meeting and such member shall not thereafter take part in any deliberation or decision of the Authority with regard to that transaction or project.

5. Prohibition from certain undertakings for a limited period.

The Director-General shall not undertake any employment or assignment (contractual or otherwise) for a period of one year after ceasing to hold office as a member of the Authority with any entity in the aviation industry which has been subjected to regulatory control by the Authority during the tenure of his office as such member.

6. Appointment of Committees.

(1) The Authority may appoint from among its own members or from among persons as it may deem fit such number of committees it considers appropriate for the purpose of assisting it in the exercise of its powers under this Act.

(2) The Authority may, subject to such terms and conditions as it may deem fit, delegate to any such committee constituted under subsection (1), all or any of its powers and any power so delegated may be exercised by such committee in the name and on behalf of the Authority.

(3) Notwithstanding the delegation of all or any of its powers to a committee under subsection (2), the authority may exercise any power so delegated.

PART II

Powers, Functions and Duties of the Authority

7. Powers, functions and duties of the Authority.

The Authority shall, in a manner consist with the obligations of Sri Lanka under the Convention, exercise, perform and discharge the following powers, functions and duties—

(a) subject to any directions issued by the Minister, regulate civil air operations within the territory of Sri Lanka and the operations of Sri Lanka registered aircrafts outside the territory of Sri Lanka, in accordance with the provisions of this Act or any other written law;

(b) assist the Minister in the formulation of the National aviation Policy of Sri Lanka;

(c) prepare an aviation development plan for Sri Lanka in accordance with the National Aviation Policy of Sri Lanka and the directions issued by the Minister in regard to the same;

(d) provide the strategic direction for the development of civil aviation and coordinate the activities of all parties involved;

(e) develop and promulgate or adopt by reference as appropriate, clear and concise aviation safety requirements and practices and procedures implement effective enforcement strategies to secure compliance by all persons of the Standards and such Aviation safety requirements and practices and procedures;

(f) encourage, through comprehensive and timely Aviation safety advice and by fostering an awareness within the aviation community of the importance of aviation safety, a greater degree of acceptance by the aviation community of its obligation to maintain high standards of aviation safety; provide aviation safety education and training for persons involved in civil aviation activities;

(g) issue certificates, licences, permits and any other legal authority or document required to be issued by or under the provisions of this Act or any other written law;

(h) initiate investigations on aircraft accidents and any other related incidents and arrange for the establishment and provision of search and rescue operations; conduct inquires with regard to any flight safety hazards and take remediate action;

(i) investigate, examine and report on the operation and development of, commercial air services to and from Sri Lanka and promote the development of air transport generally for the benefit of the public, and for this purpose establish and provide facilities and services for the collection, analysis, publication and dissemination of information relating to air transportation;

(j) assist in such manner as may be required by the Minister, with international air services negotiations and consultations and monitor and ensure the proper implementation of the provisions of the air services agreements;

(k) provide information relating to air navigation and air transport by means of publications issued by the Authority or by any other means, publish aeronautical maps and charts; establish air routes and ensure proper provision of the aeronautical information service and the aeronautical telecommunication service;

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