| 21A.
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| (1) The Minister may, by Order published in the Gazette, appoint as an Agent of the Government, a company registered under the Companies Ordinance, being a company of which ninety-five per centum of the shares are held by the Government and the balance shares are held by a Corporation or the body or company which operates the national airline, for the following purposes:
| | | (a) the development, maintenance and administration on behalf of the Government, of aerodromes and airports; |
| (b) the provision of airport and aerodrome facilities at such airports and aerodromes; |
| (c) the provision and maintenance of air navigation services and facilities; |
| (d) the provision of fire-fighting services at aerodromes. |
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| (2) Notwithstanding anything in the memorandum and articles of association of the Agent, the Minister may, by Order published in the Gazette, remove any member of the Board of Directors of the Agent from office, where it appears to him that such removal is necessary or expedient for the effective discharge by the Agent, of his functions. | | |
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| (3) The memorandum and articles of association of such Agent shall not be amend ed except with the prior written approval of the Minister. Any amendment purported to be made without such approval shall have no force or effect in law. | | |
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| (4) The Minister may give to the Agent general or special directions as to the discharge by the Agent of his functions and it shall be the duty of such Agent to comply with such directions. | | |
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| (5) Without prejudice to the generality of the power conferred on the Minister by subsection (4), the Minister may give the Agent directions to do a particular thing which the Agent has power to do or to refrain from doing a particular thing if he considers it appropriate to give such directions
| | | (a) in the interests of national security; or |
| (b) in connection with any matter appearing to the Minister to affect the relations of the Republic with any other country or territory; or |
| (c) in order to discharge or facilitate the discharge of an obligation binding on the Republic by virtue of it being a member of an international organization or a party to an international agreement; or |
| (d) in order to attain or to facilitate the attainment of any other object the attainment of which is in the opinion of the Minister appropriate in view of the fact that the Republic is a member of an international organization or a party to an international agreement; or |
| (e) in order to enable the Republic to become a member of an international organization or a party to an international agreement. |
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| (6) In-
| | | (a) regulating the use of any airport or aerodrome; |
| (b) allocating, at any such airport or aerodrome, facilities for the use of any government department, |
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| (7) The Agent shall, in the event of any accident to any aircraft or any interference with, or damage to, any navigational aids, bring such matters to the notice of the Minister. | | |
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| (8) The Minister may, for the purpose of enabling the Agent to discharge his functions, make available to such Agent, on such terms and conditions as may be determined by him, the use and control of any such immovable and movable property as is vested in the Director of Civil Aviation. | | |
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| (9) The Agent shall maintain in good order all immovable and movable property made available to him under subsection (8) and shall not alter or change any such property or dispose of any interest therein or construct any runways, taxiways, aprons, buildings and hangars thereon without the prior written approval of the Minister. | | |
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| (10) In time of war, whether actual or imminent, or of national emergency, the Minister may by order require that any property made available to the Agent under subsection (8) be placed at the disposal of the Minister and while such order is in force, the Minister may give to the Agent such directions as he thinks fit, as to the management of such property and it shall be the duty of the Agent to comply with such directions. | | |
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| (11) All such contracts, obligations and liabilities of the Government relating to air navigation subsisting on the date of the Order under subsection (1) as are declared by the Minister by Order published in the Gazette, shall be deemed with effect from the date of the second-mentioned Order, to be the contracts, obligations and liabilities of the Agent. | | |
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| (12) Every contract entered into by the Agent after the date of the Order appointing him as such Agent shall, unless there is ex press provision to the contrary in the terms of such contract, be deemed to be a contract entered into by the Agent on his own behalf and not on behalf of the State and shall be deemed not to bind the State. | | |
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| (13) No proceeding shall lie against the State in respect of anything done or omitted to be done by the Agent in the discharge or purported discharge of his functions. | | |
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| (14) Sections 12, 13, 14 and 15 of the Finance Act, No. 38 of 1971, shall, mutatis mutandis, apply to the audit of the accounts relating to such sums of money as may be provided by Parliament for the capital expenditure of the Agent. | | |
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| (15) The Minister may, by a notice in writing, require the Agent to furnish him with such information regarding it's finances as may be specified in such notice and it shall be the duty of the Agent to comply with the requirements of such notice and the Agent shall, at the end of each calendar year, submit to the Minister
| | | (a) a report of its work during that year ; and |
| (b) a copy of its budget, balance sheet and profit and loss account for that year. |
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| (16) Where the appropriate authority is satisfied that, by reason of the appointment of an Agent under subsection (1), the services of any public officer (other than an officer in the combined service of the Government who is liable to transfer under the minutes of the service) are no longer required in the Department of Civil Aviation, he may abolish the post held by that public officer: | | |
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| (17) Where the post held by a public officer whose post is abolished under subsection (16) is declared to be pensionable under the Minutes on Pensions such officer shall be eligible to the payment of such pension or gratuity as would have been paid to him under the Minutes on Pensions had he retired from the public service on the ground of abolition of office. | | |
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| (18) Where any public officer whose post is abolished under subsection (16) is under a bond or agreement to serve the Government for a specified period, any service by him on the staff of the Agent shall be regarded as service to the Government for the purposes of fulfilling such bond or agreement: | | |
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| (19)
| | | (a) At the request of the Agent any public officer, other than a public officer to whom subsections (16) and (17) apply, may, with the consent of such officer and the Secretary to the Ministry of the Minister for the time being in charge of the subject of Civil Aviation and of the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Agent for such period as may be determined by the Agent with like consent, or with like con sent be permanently appointed to such staff. |
| (b) Where a public officer is temporarily appointed to the staff of the Agent the pro visions, of subsection (2) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to, and in relation to, such officer. |
| (c) Where a public officer is permanently appointed to the staff of the Agent the pro visions of subsection (3) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to, and in relation to, such officer. |
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| (20) The Agent shall be exempt from the payment of any customs duty on any capital equipment imported by him for the development of airports or of air navigation services or facilities.". | | |
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Sri Lanka Consolidated Acts