National Aquaculture Development Authority
of Sri Lanka ACT

Arrangement of Sections

1. Short title.

PART I

Establishment and Constitution of the National Aquaculture
Development Authority of Sri Lanka

2. Establishment of the National Aquaculture Development Authority of Sri Lanka.

3. Board of Directors.

4. Qualification for membership of the Board.

5. Provision relating to appointed Directors and the Chairman.

6. Meetings of the Board.

7. Disclosure of interest.

8. Remuneration of Directors.

9. Vacancies not to invalidate proceedings.

10. Seal of the Authority.

11. The functions of the Authority.

12. The powers of the Authority.

PART II

Staff of the Authority

13. Director-General of the Authority.

14. Other Staff of the Authority.

14A. Nomination of Licensing Officers.

14B. Powers and functions of Licensing Officers.

15. Appointment of public officers to the staff of the Authority.

16. Notice required to be given by public officers of the Agriculture Development Division of the Ministry of Fisheries and Aquatic Resources.

17. Effect of not giving notice under section 16.

18. Effect of a notice given under section 16.

19. Special provisions applicable to certain employees of the Authority.

PART III

Finance

20. Fund of the Authority.

21. Initial capital.

22. Authority to exempt from payment of taxes.

23. Borrowing power of the Authority.

24. Financial year of the Authority.

25. Audit of accounts of the Authority.

26. Application of the Finance Act, No. 38 of 1971.

PART IV

General

27. Furnishing of information to the Minister.

28. Directions of the Minister.

29. Power of Minister to order investigation into activities of the Authority.

30. Transfer of property and contracts of State to the Authority.

31. Delegation of powers of Authority.

32. Power of the Authority to call for information.

32A. Authority to submit annual reports.

32B. Demolition of unauthorised buildings or structures.

33. Acquisitions of immovable property under the land Acquisitions Act, for the Authority.

34. Authority deemed to be a scheduled institution within the meaning of the Bribery Act.

35. Directors, officers and servants of the Authority deemed to be public servants.

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

37. Regulations.

38. Amendment of section 18 of the State Lands (Recovery of Possession) Act, No. 7 of 1979.

39. Transitional Provision.

40. Sinhala text to prevail in case of inconsistency.

41. Interpretation.

53 of 1998,

16 of 2006.

AN ACT to provide for the establishment of the National Aquaculture Development Authority of Sri Lanka, to develop and manage aquaculture, aquatic resources and aquaculture operations; and to make provision for matters connected therewith or incidental thereto.

[Am by s 2 of Act 23 of 2006.]

[Date of Commencement: 25th November, 1998]

1. Short title.

This Act may be cited as the National Aquaculture Development Authority of Sri Lanka Act.

PART I

Establishment and Constitution of the National Aquaculture Development Authority of Sri Lanka

2. Establishment of the National Aquaculture Development Authority of Sri Lanka.

(1) There shall be established an authority which shall be called the National Aquaculture Development 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 with perpetual succession and a common seal, and may sue and be sued in all courts.

3. Board of Directors.

The administration, management and control of the affairs of the Authority shall be vested in a Board of Directors (hereinafter referred to as the "Board”) consisting of—

(a) five Directors appointed by the Minister (hereinafter referred to as an "appointed Director”) from among persons of integrity, who have had wide experience and proven ability in the field of inland fisheries and aquaculture, science and technology, industry, commerce, finance, administration or law; and

(b) the following ex-officio Directors—

(i) the Director-General of Fisheries and Aquatic Resources;

(ii) the Chairman of the Ceylon Fisheries Corporation, established under the State Industrial Corporations, Act, No. 49 of 1957;

(iii) the Chairman of the Governing Board of the National Aquatic Resources Research and Development Agency, established by the National Aquatic Resources Research and Development Agency Act, No. 54 of 1981;

(iv) an officer of the Ministry of the Minister in charge of the subject of Finance, nominated by that Minister;

(v) an officer of the Ministry of the Minister in charge of the subject of Irrigation, nominated by that Minister;

(vi) an officer of the Ministry of the Minister in charge of the subject of Mahaweli Development, nominated by that Minister;

(vii) an officer of the Ministry of the Minister in charge of the subject of Agriculture, nominated by that Minister; and

(viii) an officer of the Ministry of the Minister in charge of the subject of Environment and Natural Resources, nominated by that Minister.

[S 3 subs by s 3 of Act 23 of 2006.]

4. Qualification for membership of the Board.

A person shall be disqualified from being appointed or continuing as a Director of the Board, if he—

(a) is or becomes a member of Parliament or member of a Provincial Council or a member of any local authority; or

(b) is under any law in force in Sri Lanka or any other country, found or declared to be of unsound mind;

(c) is a person who having being declared an insolvent or bankrupt under any law in force in Sri Lanka or any other country, is a undischarged insolvent or bankrupt; or

(d) is serving or has served, a sentence of imprisonment imposed by any court in Sri Lanka or any other country.

5. Provision relating to appointed Directors and the Chairman.

(1) An appointed Director may resign from office by a letter in that behalf addressed to the Minister and such resignation shall take effect upon it being accepted by the Minister in writing.

(2) The Minister may remove any appointed Director from office without assigning any reason there for.

(3) Where an appointed Director is temporarily unable to perform the duties of his office due to ill health, absence from Sri Lanka or other cause, the Minister may, having regard to the provisions of section 3, appoint another person to act in his place.

(4) Subject to the provisions of subsections (1) and (2), the term of office of an appointed Director shall be three years.

(5) An appointed Director who vacates office by effluxion of time shall be eligible for reappointment.

(6) Where an appointed Director vacates office by death, resignation or removal, the Minister may, having regard to the provisions of section 3, appoint another Director in his place and the Director so appointed shall hold office for the in expired period of the term of office of the Director whom he succeeds.

(7) The Minister shall appoint the Chairman of the Board from among the Directors of the Board.

(8) The Chairman of the Board may resign from the office of Chairman by letter in that behalf addressed to the Minister and such resignation shall take effect upon it being accepted by the Minister in writing.

(9) The Minister may at any time remove the Chairman of the Board from the office of Chairman, without assigning any reason there for.

(10) Where the Chairman of the Board is temporarily unable to perform the duties of his office due to ill health, absence from Sri Lanka or other cause, the Minister may appoint any other Director to act in his place.

(11) Subject to the provisions of subsections (8) and (9), the term of office of the Chairman of the Board shall be his period of membership of the Board.

6. Meetings of the Board.

(1) The Board shall meet at least once every month.

(2) The quorum for any meeting of the Board shall be five members.

(3) Subject to the provisions of subsections (1) and (2), the Board may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

(4) The Director-General shall be entitled to be present and to speak at meetings of the Board, but shall not be entitled to vote at such meetings.

[S 6(4) ins by s 4 of Act 23 of 2006.]

7. Disclosure of interest.

A Director who is directly or indirectly interested, financially or otherwise, in any project, undertaking or contract undertaken or made, or proposed to be undertaken or made, by the Board shall disclose his interest at a meeting of the Board, at the earliest possible opportunity, and such disclosure shall be recorded in the minutes of the Board; and such Director shall not thereafter take part in any deliberation or decision of the Board with regard to such project, undertaking or contract, unless the Board otherwise directs.

8. Remuneration of Directors.

The Directors of the Board may be remunerated at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

9. Vacancies not to invalidate proceedings.

No act or proceeding of the Board shall be deemed to be invalid by reason only of the existence of any vacancy among its Directors or any defect in the appointment of a Director.

10. Seal of the Authority.

(1) The Authority shall have a common seal which shall be in the custody of such person as the Board may decide from time to time.

(2) The seal of the Authority may be altered in such manner as may be determined by the Board.

(3) The seal of the Authority shall not be affixed to any instrument or document except in the presence of two Directors of the Board, both of whom shall sign the instrument or document in token of their presence.

(4) The Board shall maintain a register of the instruments and documents to which the seal of the Authority has been affixed.

11. The functions of the Authority.

The functions of the Authority shall be—

(a) to develop aquaculture, aquaculture operations and culture based fisheries in perennial reservoirs and seasonal reservoirs, with a view to increasing fish production and fish consumption in the country;

[S 11(a) subs by s 5 of Act 23 of 2006.]

(b) to promote the creation of employment opportunities through the development of freshwater aquaculture, brackish water aquaculture, coastal aquaculture and Mariculture;

[S 11(b) am by s 5 of Act 23 of 2006.]

(c) to promote the farming of high valued fish species including ornamental fish, for export;

(d) to promote the optimum utilisation of aquatic resources through environmental friendly aquaculture programmes;

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