National Aquatic Resources Research and Development Agency Act 1981

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 ”).

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 ins-titution charged with the responsibility of carrying out and co-ordinating research, development and management activities on the subject of aquatic resources,

' 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.

The objects and functions of the Agency shall be—

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

to provide advisory and consultancy services on scientific, technological and legal matters relating to the exploitation, management and development of aquatic resources

tc .v-ordinate the activities of institutions engaged in the exploitation, planning, research, development, control and management of aquatic resources

10 undertake the collection, dissemination and publication of information and data useful for the deveiopment of aquatic resources and the fishing industry in Sri Lanka;

to provide training for persons required to carry out or assist in the work of the Agency; and

The Agency shall have the power.

Agency,

to acquire in any manner whatsoever and hold any movable or immovable property and to sell or

tc establish and maintain such facilities as offices, buildings, installations, laboratories, plant, equip-ment, vehicles, vessels and other crafts as the

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 applica-tion and utilization of its expertise

to enter info any contract or agreement with

to obt2in 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;

to charge fees for any services or facilities provided by the Agency ;

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 and develop-ment of aquatic resources

to enter into contracts or agreements relating to the use of patents, industrial designs, copyright, and trade marks ;

to advise and make recommendations to any Ministry, any Government department or branch thereof, or any public corporation or any other person—

to institute and conduct surveys of national aquatic resources and off-shore areas of Sri Lanka;

The powers and duties of the Agency shall be

eight members appointed by the Minister (hereinafter referred to as “ appointed members”) each of whom has distinguished himself in the field of management, research or development of aquatic resources; and

the following ex officio members—

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,

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.

Subject to the other provisions of this Act, the

perform any of the functions of the Agency

Rules may be made under this Act in respect of all or any of the matters referred to in subsection (1).

The Chairman of the Board shall be appointed by the Minister from among the appointed members of the

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:

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.

The Chairman may resign the office of Chairman by writing under his hand addressed to the Minister.

The Minister may, on the recommendation of the

The Director-General appointed under subsection (1)

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.

The Director-General shall be charged with the exercise and performance of such powers and duties of the

For the purposes of subsection (1), the appointed members shall be deemed to constitute the Board.

The Board shall meet at least once a month.

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.

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.

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.

Five members shall from a quorum at any meeting of the Board.

Ali decisions of the Board shall as far as possible be taken by a consensus.

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 therecn and a decision taken by a majority vote.

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.

Subject to the provisions herein contained the Board may determine its own procedure.

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.

There shall be a Secretariat of the Agency which shall be under the directicn and control of the Director-General and shall perform such administrative and other functions as may be assigned to it by the Director-General.

There shal! be a National Aquatic Resources

The Council shal} consist of—

The Council may invite such other persons as it may think fit to attend its meetings as observers.

Every member of the Council appointed under para-graph (a) of subsection (2) 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.

Where any member appointed under paragraph (a) ot subsection (2) vacates office prior to the expiration of his term of office, the Minister shall appoint arother person in his place to hold office for the unexpired period of the term of office of the member whom he succeeds,

The powers and duties of the Council shall be—

to advise and make recommendations to the Minister on matters relating to the management and deve-lopment of aquatic resources in Sri Lanka

The Secretary to the Ministry of the Minister in charge of the subject of Fisheries shall be ex officio

The Chairman of the Council shall preside at every meeting of the Council and in the absence of the Chairman at any meeting of the Council, the members of the Council present at that meeting shall elect from among themselves a person to preside at that meeting.

The Chairman shall convene a meeting of the

The Chairman shall give at least fourteen days’ notice to each of the members and shall specify in such notice the business to be dealt with at such meeting.

The Chairman shall at the request of ten members of the Council summon a special meeting of the Council within seven days after being requested to do so in writing.

The Chairman shall give at least two days’ notice in writing of such special meeting of the Council to each of the members and shall specify in such notice the business to be dealt with at such meeting,

Eighteen members shall form a quorum at any meet-ing of the Council.

All decisions of the Council shall as far as possible be taken by a consensus.

Where a consensus is not possible a decision thereon shail be postponed for the next meeting of the Council.

The proceedings at every meeting of the Council shall be recorded in a minutes book and such minutes shall be adopted at the next meeting of the Council.

Subject to the provisions herein contained the Council may determine its own procedure.

The following shall constitute a Standing Committee of the Agency known as the Scientific and Technica}

Committee (hereinafter referred to as the “ Committee”) :—

the Director-General

the members of the Council appointed under paragraph (a) of subsection (2) of section 13; and

the ex officio members of the Counc‘l holding office under sub-paragraphs (iv) to (ix) of paragraph (b)

The duties of the Committee shall be—

to receive and evaluate proposals for research and development and make recommendations to the

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

to tender advice on such scientific or technical matters as the Board or the Council, as the case may be, may refer to it.

The Director-General shall convene a meeting of the Committee at least once in every two months.

The Director-General shall give at least seven days’

Eight members shall form a quorum at a meeting of the Committee.

Ali decisions of the Committee shall as far as possible be taken by a consensus,

The proceedings at every meeting of the Committee shail be recorded in a minutes book and such minutes shall be adopted at the next meeting of the Committee,

Subject to the provisions herein contained the Com-mittee may determine its own procedure.

The members of the Board and Council 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.

Where any appointed member of the Board or member of the Council appointed under paragraph (a) of subsection (2) of section 13 is deemed by a majority of the other members of the Board or Council, 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 Council, as the case may be, remove such member,

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National Aquatic Resources Research and

A member of the Board or Council 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 Council, as the case may be, and such disclosure shall be recorded in the minutes of the Board or Council, 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 Council directs otherwise.

No act or proceeding of the Board or Council 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,

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.

Where any public officer referred to in subsection (1) is temporarily appointed to the staff of the Agency under that subsection, the provisions of section 13 (2) of the

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.

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.

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

National Aquatic Resources Research and the Agency and pay such remuneration as may be deter-mined by the Board with the concurrence of the Minister and the Minister in charge of the subject of Finance.

The Board shall furnish to the Minister such infor-mation as h e may call for from time to time in respect of the activities and financial position of the Agency

:

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.

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.

The Agency shall have and maintain its own

There shall be paid into the Fund of the Agency—

There sh: ll be paid out of the Fund of the Agency all sums of money iequired to defray any expenditure incurred by the Agency in the exercise, performance and discharge of its powers, duties and functions,

The mcde and manner of withdrawal of any moneys from the Fund and the investment of any moneys of the

Fund shall be n ade by the Board in accordance with such tegulations as miy be made from time to time for that purpose.

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Natinal Aquatic Resources Research and

The Agency shall be exempt from the payment of—

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.

In the case ot any instrument containing any agree-ment 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

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

The financial year of the Agency shall be the calendar year.

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.

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.

There shall be charged, levied and paid an export duty in respect of aquatic products exported from

Any resclution made under subsection (1) may be varied or rescinded at any time by a like resolution.

This section shall have effect as though it formed part of the Customs Ordinance, and the provisions of that

The proceeds of the export duty imposed by this Act shall be paid monthly to the Agency by the Principal Col-lector of Customs and shall be credited to the Fund of the

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.

The Minister may, by Order published in the Gazette, transfer to and vest in the Agency the possession and use of any movable or immovable property of the State for the purposes of the Agency :

Provided, however, that no Order affecting any immov-able 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

:

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 con-currence of the Minister having control over such property.

Assoon as may be after the appointed date,the Agency shall take over the responsibility for the direction, suvport and continuance of all or any of the research projects carried on by any division or any public corporation under the Minister er 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.

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.

Any sum payable for the acquisition of any immov-able property under the Land Acquisition Act for the