FISHERMEN'S PENSION AND SOCIAL SECURITY BENEFIT SCHEME ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF THE FISHERMEN'S PENSION AND SOCIAL SECURITY BENEFIT SCHEME

2. Establishment of the Fishermen's pension and Social Security Benefit Scheme.

3. The objects of the Scheme.

4. Area of operation of the Scheme to be determined by the Minister.

5. Eligibility to join the Scheme.

6. Benefits under the Scheme.

7. When pension is payable.

8. Rebate on contribution.

9. Partial disablement.

10. Total disablement.

11. Death gratuity.

PART II

MANAGEMENT OF THE SCHEME

12. Agricultural Insurance Board to operate the Scheme.

13. Powers, duties and functions of the Board.

14. Delegation of powers, functions and duties of the Board.

15. Board to issue policy to each contributor.

16. Forfeiture of policy.

17. Board to determine the Award.

18. Appeal.

19. Pension, gratuity or allowance not to be assigned or levied upon.

PART III

ADVISORY COMMITTEE

20. The Advisory Committee.

21. Qualifications and tenure of office of the members of the Advisory Committee.

22. Powers of the Committee.

23. Remuneration of members of the Committee.

24. Power of the Minister in relation to the Committee.

PART IV

FISHERMEN'S PENSION AND SOCIAL SECURITY BENEFIT FUND

25. Fishermen's Pension and Social Security Benefit Fund.

26. Investment of funds.

27. Borrowing powers of the Board.

28. Financial year.

PART V

GENERAL

29. Regulations.

30. Protection for action taken under this Act or on the direction of the Board.

31. Offences.

32. Sinhala text to prevail in case of inconsistency.

33. Interpretation

SCHEDULE

23 of 1990.

AN ACT to provide for the establishment of a Pension and Social Security Benefit Scheme for Fishermen, to provide for the operation of the scheme by the Agricultural Insurance Board, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 29th June, 1990]

1. Short title.

This Act may be cited as the Fishermen's Pension and Social Security Benefit Scheme Act.

PART I

Establishment of the Fishermen's Pension and Social Security Benefit Scheme

2. Establishment of the Fishermen's Pension and Social Security Benefit Scheme.

There shall be established according to the provisions of this Act, a scheme which shall be called the Fishermen's Pension and Social Security Benefit Scheme (hereinafter referred to as "the Scheme”).

3. The objects of the Scheme.

The objects of the Scheme shall be—

(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 person's to the fishing industry; and

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

4. Area of operation of the Scheme to be determined by the Minister.

The Minister may, having regard to the feasibility of administering the Scheme and the occupational hazards in any type of fishing, by Order published in the Gazette, determine the area in which the Scheme shall operate.

5. Eligibility to join the Scheme.

(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—

(a) an owner of three or more mechanised boats, the combined weight of which exceeds six tons gross;

(b) an owner of one or more fish farms, the total extent of which exceeds five acres;

(c) a person who by reason of his employment is entitled to receive a pension or benefits under the Employees Provident Fund established by the Employees Provident Fund Act, No. 15 of 1958;

(d) a person liable to pay income tax;

(e) a person who is in receipt of a pension; or

(f) a person who is entitled to receive a pension on the death of his spouse.

6. Benefits under 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—

(a) a periodical pension of a prescribed amount;

(b) in case of permanent partial disablement, a lump sum gratuity or a pension when it becomes due;

(c) in case of permanent total disablement, a lump sum gratuity or periodical allowance of a prescribed amount; or

(d) a death gratuity.

(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.

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