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| Civil Aviation Authority of Sri Lanka |
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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
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BE it enacted by the parliament of the Democratic Socialist Republic of Sri Lanka as follows :-
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[18th December
, 2002 ]
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Short title and date of operation
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1.
This Act may be cited as the Civil Aviation Authority of Sri Lanka Act,
No. 34 of 2002. and shall come into operation on such date as the
Minister may appoint by Order published in the Gazette (hereinafter
referred to as the "appointed date").
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| ESTABLISHMENT AND CONSTITUTION OF THE CIVIL AVIATION AUTHORITY OF SRI LANKA | |
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Establishment of the Civil Aviation Authority of Sri Lanka.
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2.
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(1) There shall be established an
authority called the Civil Aviation Authority of Sri Lanka (hereinafter
referred to as the "Authority").
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(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.
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Constitution of the Authority.
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3.
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(1) The Authority shall consist of the following members :-
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(a) the Secretary to the Ministry of the Minister in charge of the subject of Defence ;
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(b) a representative of the Ministry of the Minister in charge of the subject of Finance, nominated by that Minister ;
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(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
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(d) the Director-General.
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(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.
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(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.
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(4) The Chairman may by written
authority, authorize any member of the Authority to perform any of the
functions conferred upon him as Chairman.
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(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.
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Members to disclose any interest in any decision to be made by the Authority.
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4.
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.
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Prohibition from certain undertakings for a limited period.
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5.
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.
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Appointment of Committees.
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6.
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(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.
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(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.
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(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.
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| POWERS, FUNCTIONS AND DUTIES OF THE AUTHORITY | |
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Powers, functions and duties of the Authority.
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7.
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-
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(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 ;
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(b) assist the Minister in the formulation of the National aviation Policy of Sri Lanka ;
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(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 ;
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(d) provide the strategic direction for
the development of civil aviation and coordinate the activities of all
parties involved ;
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(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 ;'
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(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 ;
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(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 ;
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(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 ;
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(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 ;
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(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 :
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(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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(l) establish, with the approval of the
Minister, specific programs for civil aviation in Sri Lanka for the
implementation of Standards in matters of facilitation aviation
security, environmental protection, carriage of dangerous goods and any
other related field where global harmonization is desirable ;
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(m) co-ordinate, with the International
Civil Aviation Organization in the implementation by Sri Lanka of the
Standards and the registration of agreements and arrangements, promote
Sri Lanka's participation at regional and global aviation organizations
and represent or cause to represent Sri Lanka internationally in
matters relating to civil aviation with the approval of the Minister ;
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(n) advise the Minister on matters
relating to civil aviation and on the adoption and implementation of
international aviation agreements, treaties and conventions ;
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(o) own and hold on behalf of the State, any property duly vested and transferred to the Authority ;
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(p) utilize the property of the
Authority both movable and immovable in such manner as the Authority
may think expedient including the raising of loans by mortgaging such
property with the approval of the Minister ;
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(q) engage in any activity, either
alone or in conjunction with other civil aviation authorities or
international agencies or organizations, for the purpose of promoting
and developing civil aviation ;
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(r) enter into contracts for the supply
of goods, services or materials or for the execution of works or any
other contracts as may be necessary for the exercise, performance and
discharge of the powers, duties and functions of the Authority ;
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(s) make recommendations to the
Minister on the charges and fees to be levied for certificates,
licences, permits or any other legal authorities or documents issued or
given, and for services provided, by or under the provisions of this
Act or any other written law ;
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(t) select and employ personnel
necessary to carry out the functions and duties of the Authority and
determine and adopt the salaries and terms of conditions of service of
the employees of the Authority, including staff welfare schemes and
training programs ;
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(u) obtain the services of consultants
and advisors, appoint attorneys and agents as shall be necessary to
carry out the functions of the Authority ;
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(v) engage qualified personnel as required on contract and provide for their remuneration consistent with industry standards.
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(w) exercise such other powers as may
be necessary for the discharge of its functions and the performance of
its duties under this Act and any function or duty assigned to or
delegated to the Authority by the Minister by Order made in that behalf
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(x) initiate and carry out surveys into any aspect of civil aviation ;
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(y) carry out any duties that may be entrusted or delegated to the Authority under any other written law ; and
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(z) perform such other functions as the Minister may direct from time to time.
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Transfer and vesting of property &c in the Authority.
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8.
On and after such date as the Minister shall appoint by Order published
in the Gazette (hereinafter referred to as the "transfer date") :-
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(a) all movable and immovable property
transferred to and vested in the Director-General of Civil Aviation
appointed under section 20 of the Air Navigation Act, and which is in
his possession on the day immediately preceding the transfer date shall
be transferred to and vest in the Authority with effect from such date ;
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(b) all contracts, leases or tenancy
agreements entered into by with or for the Director-General of Civil
Aviation appointed under section 20 of the Air Navigation Act, and
subsisting on the day immediately preceding the transfer date, shall
with effect from such date be deemed to be contracts, leases or tenancy
agreements entered into by with or for the Authority ; and
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(c) all rights, obligations, interests,
debts and liabilities of the Director-General of Civil Aviation
appointed under section 20 of the Air Navigation Act, subsisting on the
day immediately preceding the transfer date, shall with effect from
such date, be deemed to be rights, obligations, interests, debts and
liabilities of the Authority.
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Transfer of aerodromes and certain buildings and lands specified in the Second and Third Schedules.
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9.
The Minister may by Order published in the Gazette, transfer to and
vest in the Authority the Aerodromes specified in the Second Schedule
and the aeronautical facilities and the land appertaining thereto
specified in the. Third Schedule to this Act, Different Orders may be
made in respect of the transfer and the vesting of different Aerodromes
and the aeronautical facilities and land appertaining thereto as
specified in those Schedules.
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Authority's right to recover debts and liabilities.
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10.
The Authority shall have the right to recover and receive any moneys
that on the day immediately before the transfer date were due and owing
to the Director-General of Civil Aviation appointed under section 20 of
the Air Navigation Act, for or on account of services provided by such
Director-General of Civil Aviation or that would after the transfer
date have become due to the State if such transfer had not taken place.
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| APPOINTMENT AND POWERS AND DUTIES OF THE DIRECTOR GENERAL OF CIVIL AVIATION | |
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Appointment and powers and duties of the Director General of Civil Aviation.
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11.
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(1) The Cabinet of Ministers shall on
the recommendation of the Minister appoint a fit and proper person
preferably with experience or knowledge in civil aviation to be the
Director-General of Civil Aviation (in this Act referred to as the
"Director-General") who shall be the chief executive officer of the
Authority.
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(2) The Director-General, shall be
subject to such terms and conditions of employment as shall be
determined by the Cabinet of Ministers, and shall carry on all such
duties and functions assigned to him by or under this Act or any other
written law, and be charged with the general administration of the
functions of the Authority.
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(3) The Director-General shall not be removed from office except with the approval of the Cabinet of Ministers.
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(4) Where the Director-General is
temporally unable to perform the duties of the office due to
ill-health, absence from Sri Lanka of for any other cause, the Cabinet
of Ministers may, on the recommendation of the Minister and having
regard to the provisions of subsection (1) of this section appoint a
suitable person to act in his place during such period of absence.
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Fund of the Authority.
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12.
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(1) The Authority shall have its own Fund.
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(2) There shall be paid into the Fund of the Authority-
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(a) all such sums of money charged as
fees by the Authority or the Director-General as the case may be for
the issue, validation, renewal, extension and variation of any
certificate, licence permit or any other legal authority or document
issued under the provisions of this Act or any other written law ;
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(b) all such sums of money received by
the Authority or the Director-General as the case may be , by way of
charges levied for services provided by the Authority under the
provisions of this Act or any other written law ;
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(c) all such sums of money received by
the Authority in the exercise performance and discharge of its powers,
functions and duties under the provisions of this Act or any other
written law ;
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(d) all such sums of money as may be voted upon from time to time by parliament for the use of the Authority ; and
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(e) all such sums of money as may be
received by the Authority by way of loans donations gifts and grants
from any source whatsoever.
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(3) There shall be paid out of the Fund of the Authority all such sums of money required to-
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(a) defray expenditure incurred by the
Authority in the exercise, performance and discharge of its powers
functions and duties under this Act and any other written law ;
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(b) be paid as contribution from Sri
Lanka to the international Civil Aviation Organization set up under the
Convention or any other international organization ; and
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(c) defray other expenses which are
authorized or required to be paid out of the fund by any provision of
this Act, and other written law.
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Authority to maintain accounts.
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13.
The Authority may open and maintain an account or accounts with such
bank or banks as it may thinks appropriate and such account or accounts
shall be operated in accordance with prevailing financial regulations
of the Government pertaining to financial transactions of public
corporations.
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Financial year and audit of accounts.
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14.
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(1) The financial year of the Authority shall be the calendar year.
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(2) The Authority shall cause proper
books of accounts to be kept of the income and expenditure assets and
liabilities and all other financial transactions of the Authority.
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(3) For the purpose of presenting a
true and fair view of the financial performance and financial condition
of the Authority, the Authority shall prepare the accounts under
subsection (2), in accordance with the Sri Lanka Accounting Standards
adopted by the institute of Chartered Accountants of Sri Lanka under
the Sri Lanka Accounting and Auditing standards Act. No. 15 of 1995.
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(4) The provisions of Article 154 of
the Constitution relating to the audit of accounts of public
corporations shall apply to the audit of the accounts of the Authority.
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Annual Report.
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15.
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(1) The Authority shall at the end of
each financial year, submit to the Minister an annual report of the
activities carried on by the Authority during that financial year, and
cause a copy each of the following documents relating to that year to
be submitted to the Minister-
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(a) the Auditor-General's report ;
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(b) the audited balance sheet ;
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(c) the audited operating account ; and
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(d) the cash flow statement.
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(2) The Minister shall lay copies of
the documents submitted under subsection (1) before parliament prior to
end of the year immediately following the year to which such report and
accounts relates.
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Investment of funds.
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16.
Money's belonging to the Authority may, with the approval of the
Minister and with the concurrence of the Minister in charge of the
subject of Finance, be invested in Government approved securities.
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Borrowing powers of the Authority.
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17.
The Authority may, with the consent of the Minister and the Minister in
charge of the subject of Finance in writing and in accordance with the
terms of any general authority given, borrow by way of overdraft or
otherwise, or negotiate or obtain on credit terms such sums as the
Authority may require for meeting the obligations of the Authority, or
for exercising, performing and discharging its powers, duties and
functions under this Act or any other written law :
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provided however, the aggregate of the
amount outstanding in respect of any loans raised by the Authority
under this section shall not at any time exceed such amount as may be
determined by the Minister.
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Staff of the Authority.
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18.
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(1) The Authority may appoint such
officers and servants as it may consider necessary for the efficient
discharge of its functions.
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(2) The Authority may, in respect of the officers and servants appointed to the Authority under subsection (1)-
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(a) exercise disciplinary control over or dismiss such officers and servants ;
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(b) fix the rates at which such officers and servants shall be remunerated ;
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(c) determine the terms and conditions of employment of such officers and servants ; and
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(d) establish a staff welfare and
social security scheme for the benefit of such officers and servants
and make contributions to any such scheme.
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(3) The Authority may make rules pertaining to all or any of the matters referred to in subsection (2).
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Public officers to be appointed to the staff of the Authority.
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19.
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(1) At the request of the Authority any
officer in the public service may with the consent of that officer and
the Secretary to the Ministry of the Minister in charge of the subject
of public Administration, be temporarily appointed to the staff of the
Authority for such period as may be determined by the Authority or with
like consent be permanently appointed to such staff.
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(2) Where any officer in the public
service temporarily appointed to the staff of the Authority, the
provisions of subsection (2) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall, mutatis mutandis apply to and in
relation to such officer.
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(3) Where any officer in the public
service is permanently appointed to the staff of the Authority the
provisions of subsection (3) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall mutatis mutandis, apply to and in
relation to such officer.
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Public officers in the Department of Civil Aviation to be employed by the Authority.
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20.
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(1) The Authority may employ any public
officer who is in the service of the Department of Civil Aviation (in
this section referred to as the "Department") and who seeks employment
with the Authority and the provisions of this section shall apply in
respect of such employment.
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(2) Every public officer who is serving
in the Department who is appointed to the Authority under subsection
(1) and who has not less than ten years pensionable service on the last
date of his service in the Department shall be deemed to have retired
from the public service on that date, and shall be eligible for such a
pension under the Minutes on Pensions, as would have been awarded to
him had he retired on the ground of abolition of office on that date.
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(3) Where a public officer has less
than ten years pensionable service and is appointed to the Authority
under subsection (1), he shall be deemed to have retired from the
public service on the last date of his service in the Department, and
he shall be eligible for such a gratuity as would have been awarded to
him under the Minutes on pensions had be retired on the ground of
abolition of office on that date.
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(4)
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(a) Notwithstanding the provisions of
subsection (3), where any public officer is appointed to the staff of
the Authority under that subsection and serves the Authority for a
period of not less than the relevant period of service, his or her
service in the Authority for the relevant period of service shall, for
the purposes of the Minutes on pension be deemed to be pensionable
service under the Government.
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(b) A person to whom this subsection
applies shall at the end of the relevant period of service, be eligible
to the award of a pension of such amount as is equal to the pension
that would have been awarded to him had he retired from public service
on the ground of abolition of office at the end of the relevant period
of service.
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(c) on the purposes of this subsection
"relevant period of service" means the period which a person would have
to service in the public service to complete ten years pensionable
service in the public service had he remained in the public service
after the date of his appointment to the staff of the Authority.
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(5) Notwithstanding the preceding
provisions of this section and anything to the country in any other
written law, where a public officer of the Department becomes an
employee of the Authority under this section-
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(a) if such officer is eligible for a
pension be shall not be paid such pension during the period of his
employment with the Authority ;
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(b) if such officer is eligible for a
gratuity under the provisions of section 2A (1) (i) of the Minutes on
pensions, such gratuity shall not be paid to him during the period of
his employment with the Authority but shall be credited on the first
day of his employment in the Authority or the date on which he becomes
eligible to a pension, as the case may be, to his account in a welfare
and social security scheme established under paragraph (d) of
subsection (2) of section 18 of this Act and in the event of such
amount not being credited to the account on such day or date interest
on such amount at the rate of ten per centum per annum from the first
day of the employment in the Authority or from the date on which he
becomes eligible to a pension, as the case may be to the date of
crediting such amount in such account, shall be added to such amount
when it is credited to such account :
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For the purpose of computation of the
period "ten years from the date of his retirement" referred to in
section 2A (1) (ii) of the said Minutes the date of his retirement
shall be deemed to be the last date of his employment with the
Authority ; and
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(c) if such officer is eligible for the
receipt of any sum of money under the Public Service Provident Fund
Ordinance, such sum shall not be paid to him but shall be credited to
his account in an approved fund of the Authority.
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(6) Notwithstanding the provisions of
subsection (3) of this section, a person referred to therein in the
event of becoming eligible to the payment of a pension, shall not be
entitled to the payment of a gratuity under that subsection.
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Damage to property of the Authority to be an offence.
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21.
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(1) Every person who wilfully removes,
destroys or damages any property belonging to the Authority or hinders
or prevents such property being used or operated in the manner in which
it is intended to be used or operated, shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding in Sri Lankan
rupees the equivalent of ten thousand SDR or to imprisonment for a term
not exceeding two months, or to both such fine and imprisonment.
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(2) In any prosecution for an offence
under subsection (1), the court may on application being made in that
behalf by the Authority in addition to the penalty referred to in
subsection (1), order for the payment by the accused to the Authority
such amount as may be determined in the order, as compensation for
damages caused.
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Hindering or obstructing an officer or servant to be an offence.
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22.
Every person who obstructs or hinders any officer or servant of the
Authority acting in the discharge of his duties under the provisions of
this Act or any regulations or rules made thereunder, shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding
the equivalent in Sri Lankan rupees of ten thousand SDR or to
imprisonment for a term not exceeding two months or to both such fine
and imprisonment.
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Failure to furnish information.
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23.
Any person who fails to comply with a written request made under
subsection (1) of section 32 or furnishes any false information or
return shall be guilty of an offence under this Act, and shall on
conviction be liable to a fine not exceeding the equivalent in Sri
Lankan rupees of ten thousand SDR or to imprisonment not exceeding two
months or to both such fine and imprisonment.
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Recovering for damages done to property of the Authority.
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24.
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(1) In every case where any damages is
caused to any property of the Authority by any aircraft or by any
person employed in or about an aircraft, the cost of making good the
damage shall be recovered by the Authority from the owner, operator or
the person in charge of the aircraft, either jointly or severally or
jointly and severally.
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(2) In the process of recovering
damages as referred to in subsection (1), the Authority may, where
necessary detain such aircraft until the cost of making good the damage
done has been paid to the Authority, or any security as determined by
the Authority as being sufficient to cover the cost has been given for
the amount due.
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(3) The Authority may, where it
considers appropriate waive in whole or in part any of the charges or
fees payable in respect of any aircraft defined under subsection (2).
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General penalty.
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25.
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(1) Any person who contravenes or fails
to comply with any provisions of this Act or any regulation or rule
made thereunder shall be guilty of an offence under this Act.
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(2) Any person guilty of an offence
under subsection (1) for which no penalty is expressly provided for by
this Act, shall on conviction after summary trial before a Magistrate
be liable to a fine not exceeding in Sri Lankan rupees the equivalent
of ten thousand SDR or to imprisonment of either description for a term
not exceeding two months or to both such fine and imprisonment.
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Compounding of offences.
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26.
The Authority may, having regard to the circumstances in which an
offence was committed, compound any offence under this Act, for a sum
not exceeding one third of the maximum fine imposable for such offence,
and where any prosecution has been entered against any such offender
the Authority shall compound such offence at anytime before judgment is
entered after having obtained the consent of court.
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Offences committed by a body of persons.
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27. Where an offence under this Act, or any regulations or rules made thereunder is committed by a body of persons, then-
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(a) if that body of persons is a body
corporate, every person who at the time of the commission of the
offence was a director. General Manager, Secretary or other similar
officer of that body ; or
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(b) if that body is not a body
corporate every person who at the time of the commission of the offence
was the president, Manager, Secretary or other similar officer of that
body.
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shall be deemed to be guilty of that
offence, unless he proves that such offence was committed without his
knowledge of that be exercised all due diligence to prevent the
commission of such offence.
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Attorney-General's sanction being required.
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28.
No court shall take cognizance of any offence under this Act or any
regulation or rules made thereunder, except with the sanction of the
Attorney-General.
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Declaration of secrecy.
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29.
Every member of the Authority and all officers and servants of the
Authority shall, before entering upon his duties sign a declaration
pledging to observe strict secrecy in respect of all matters connected
with the affairs of the Authority, which has come to his knowledge in
the performance or exercise of his duties and powers and shall by such
declaration pledge himself not to disclose any such matter, except-
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(a) when required to do so by a court of law; or
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(b) for the purpose of exercising or discharging the powers and duties under this Act or any other written law.
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Delegation of powers.
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30.
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(1) The Authority may in writing and
subject to such conditions as may be specified therein, delegate to any
officer or servant of the Authority any of its powers, functions or
duties under this Act or any regulation or rule made thereunder, and
any such officer or servant shall exercise perform or discharge such
power, function or duty in the name and on behalf of the authority.
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(2) The Authority may notwithstanding
any delegation made under subsection (1), itself exercise, perform or
discharge any power function or duty so delegated and may at any time
revoke any such delegation.
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Directions by the Minister.
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31.
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(1) The Minister may give from time to
time, to the Authority such general or special directions in writing as
to the exercise, performance and discharge of its powers functions and
duties and it shall be the duty of the Authority to give effect to such
directions.
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(2) The Minister may from time to time,
direct the Authority to furnish to him in such form as he may require,
returns, accounts and any other information with respect to the work of
the Authority, and it shall be the duty of the Authority to give effect
to such directions.
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Returns and information.
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32.
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(1) For the purpose of enabling the
Authority to exercise perform and discharge its powers, functions and
duties under this Act, the Authority or any person authorized in that
behalf by the Authority may by notice in writing require any person to
furnish to the Authority or to the person authorized within such period
as shall be specified in such notice, all such returns or information
as shall be specified in such notice.
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(2) it shall be the duty of any person
who is required to furnish any return or information by a notice issued
under subsection (1), to comply with such requirement within the time
specified in such notice, except where such person is precluded from
making such return or divulging such information under the provisions
of any law.
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(3) The Authority or any member
thereof, the Director-General or any officer or servant of the
Authority shall not disclose to any person or use any returns or
information acquired under subsection (1), except when required to do
so by a court of law or for the purpose of exercising, performing or
discharging the powers, functions or duties under this Act, or any
other written law.
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Equivalent of SDR in rupees.
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33.
The equivalent in Sri Lankan rupees of SDR for purpose of imposing a
fine for an offence under part VI of this Act, shall be made on the
basis of the value of the rupee determined in terms of SDR, for the
date proceeding the date of the commission of the offence in respect of
which such fine is being imposed.
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members deemed to be public servants.
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34.
All members of the Authority, the Director-General and the officers and
servants of the Authority shall be deemed to be public servants within
the meaning of and for the purposes of the Penal Code.
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Authority deemed to be a scheduled institution.
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35.
The Authority 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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Acquisition of immovable property under the Land Acquisition Act.
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36.
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(1) Where any immovable property is
required to be acquired for any specific purpose of the Authority, and
the Minister by Order published in the Gazette approves of the proposed
acquisition for that purpose, that property shall for the purpose of
the application of the Land Acquisition Act, be deemed to be required
for a public purpose and may accordingly be acquired under that Act and
be transferred to the Authority.
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(2) Any sum payable for the acquisition
of any immovable property under the Land Acquisition Act for the
Authority, shall paid by the Authority.
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State property both movable and immovable to be made available to the Authority.
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37.
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(1) Where any immovable property of the
State is required for the purpose of the Authority, such purpose shall
be deemed to be a purpose for which a special grant or lease of such
property may be made under section 6 of the State Lands Ordinance, and
accordingly, the provisions of that Ordinance shall apply to a special
grant or lease of such property to the Authority.
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(2) Where any movable property of the
State is required for the purpose of the Authority, the Minister may be
Order published in the Gazette, transfer to and vest in the Authority
the possession and use of such movable property.
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Expenses in suit or prosecution to be paid out of the fund.
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38.
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(1) Any expense incurred by the
Authority in any suit or prosecution brought by or against it before
any court, shall be paid out of the Fund of the Authority and any costs
paid to or recovered by the Authority in any such suit or prosecution
shall be credited to the fund of the Authority.
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(2) Expense incurred by any member the
Director-General or any officer or servant of the Authority in any suit
of prosecution brought against him or her before any court or tribunal
in respect of any act which is done or purported to be done by him or
her under the provisions of this Act or any other written law or on the
direction of the Authority shall; if the court hold that such act was
done in good faith, he paid out of the Fund of the Authority, unless
such expenses are recoverable by him or her in such suit or prosecution.
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Regulations
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39.
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(1) The Minister may make regulations
in respect of all matters required by this Act to be prescribed or in
respect of which regulations are authorized by this Act to be made.
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(2) In particular and without prejudice
to the generality of the powers conferred by subsection (1), the
Minister may in consultation with the Authority make regulations-
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(a) prescribing guidelines for
determining the charges to be made in respect of the different services
and facilities that are provided by the Authority : and
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(b) in respect of any other matters
that may become necessary in exercising performing and discharging the
powers, functions and duties of the Authority under section 7.
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(3) Every regulations made by the
Minister 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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(4) Every regulation made by the
Minister shall, as soon as convenient after its publication in the
Gazette, be brought before parliament for approval. Any such regulation
which is not so approved shall be deemed to be rescinded as from the
date of its disapproval, but without prejudice to anything previously
done thereunder.
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(5) Notification of the date on which
any regulation made by the Minister is so deemed to be rescinded shall
be published in the Gazette.
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Rules
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40.
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(1) The Authority may make rules in
respect of all or any of the matters in respect of which rules are
authorized or required by this Act to be made.
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(2) No rule made by the Authority under
subsection (1) shall have effect until it has been approved by the
Minister and notification of such approval is published in the Gazette.
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Sinhala text to prevail in case of inconsistency.
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41. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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Interpretation
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42. In this Act, unless the context otherwise requires-
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"Act" means this Act and includes any regulations or rules made thereunder.
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"Act" means this Act and includes any regulations or rules made thereunder.
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"Air Navigation Act" means the Air Navigation Act. (Chapter 365);
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"Convention" means the Convention on international Civil Aviation signed in Chicago on December 7. 1944 ;
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"SDR' means special Drawing Right as
defined by the International Monetary Fund ; and “Standards" means
Standards adopted by the Council of the international Civil Aviation
Organization under Article 37 of the Convention and to which Sri Lanka
has not filed a difference under Article 38 of the Convention and the
Recommended Practices adopted by the Council of the International Civil
Aviation Organization under Article 37 of the Convention which is duly
implemented and enforced in Sri Lanka.
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Director-General powers &c under Air Navigation Act to be exercised by the Director General appointed under section 11.
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43.
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(1) Notwithstanding anything in any
other written law to the contrary, the powers, duties and functions
under the Air Navigation Act, being exercised performed and discharged
by the Director-General of Civil Aviation appointed under section 20 of
that Act, shall from and after the appointed date and so long and so
long only as such Air Navigation Act is in force he exercised,
performed and discharged by the Director-General of Civil Aviation
appointed under section 11 of this Act, and the Director-General of
Civil Aviation appointed under section 20 of the Air Navigation Act
shall from and after such appointed date cease to exercise perform and
discharge those powers, duties and functions.
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(2) From and after the appointed date
the provisions of section 21 of the Air Navigation Act which grants
power to the Minister to delegate to the Director-General of Civil
Aviation appointed under section 20 of that Act, any power duty or
function conferred or imposed upon or vested in the Minister by or
under that Act, shall so long and so long only as such Act is in force,
be read and construed as power granted to the Minister to delegate
those powers duties or functions to the Director-General of Civil
Aviation appointed under section 11 of this Act.
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