Seychelles Fishing Authority (Establishment) Act 1984 (Cap. 214)

JlJ' 'F,eillc,l .. ,. S:~YCHELLES RSHING AUTHORITY (ESTABLISH:v1ENT) ACT, 1984 ARRAl'GE~fE>';T OF SEC'Tro;\s 1. Short Tide 2. Commencement 3. Interpretation P ART tr -:-\ L!THOR!r:' Division 1 - Establishment 4. Establishment of Authority 5. Authority to be corporate Division 2 - Functions and Powers of the A. uthoritv 6. Functions of the Authority 7. Po w ers of the Authority Division 3 - The Board of Directors $. Board of Directors 9. Membership of the Board 10. Chairman and Deputy Chairman 11. Fees and Allowances 12. Disclosure of interest 13. ~.feeLings of Board Division 4 - Scaff 14. Offices 15. Usc of services of public officers Division 5 - Financial 16. 17, is. 19. 20. "1.,., Funes of the Authority 1),lITD'.\, :; hy the :\"Hh,git:: l.~~in;'" Accounts ...\rp:ic~rionof Funds Excrnr-uo ns .-\CCOU:1t5 and Audit P·\RT ilI- :'11~C:::LL.-\'-EOL·S [31st August) SUpf'/C!nC!1l to Official Gu;.ettc SEYCHELLES FISHING AUTI-IORITY (ESTABLISH!vlENT) ACT. 198-+ (Act 10 of 1984) I assent. F. A. RENE. PRESIDENT. 28rh"AuglLSl, 1984 . .AN ACT to establish the Seychelles fishing Authority and .sp~:\:ify il~ functions and powers: and for connecred purposes EN.-\ CTE 0 by the President :In.J the People ~ .-\sscrnbly P , n T I l"lRt-"\'" .",.o-""\r, -(''\.:'l 1.1~' ... ···.t·",~ 50 Supplemeru to /ficial Gazette [31st Augustj .1l1111l~r1L"CmC!1i 2. This Act shall come into operation upon such date as the President may, by notice published in the Gazette. appoint. ,,~;pretation 3. In this Act, unless the context otherwise requires .,Authority" means the Sevchelles Fishing Authoritv ~ - established bv this Act; "Board" means the Board of Directors of the Authority: "director" means a person appointed as such pursuant to section 9. PART II-THE AUTHORITY Division 1- Establishment :stablishmenr of Authoritv vuthority to e bodv 4. There is established by this Act an authority by the name of the Seychelles Fishing Authority. 5. The Authority (a) is a body corporate; (0) shall have a common seal; and (c) may sue and be sued in its corporate name. Division 2--- Functions and Powers of the Authority. 6. The functions of the Authority are--uncnons of ~~ .xuthorirv (a) rb) (c) to promote. organise and develop fishing. fishing industries and fishing resources in Seychelles: to assist in the formulation of the national pol: with respect to fishing. fishing industries and fishing resources . 'ld in the implementation of that policy: to condu negotiations. or engage in meetings.- - - seminars discussions. with regard to fishing or fisheries, he establishment or operation of fish ing indus: :;, whether at a national or interna t io r.:: . 1 C'..!', ':1 be hai f o f rhe Repur. i ic or .)rherw ise : LjIst August] Supplemeru to Official Gazette 51 (d) to identify the manpower training requirements of Seychelles with regard to fishing and fishing indus tries; and (e) those mentioned in any other written la w. 7. (1) Subject to this Act, the Authority has power to do Powers of the all things necessary or convenient to be done for or in connec- Authority tion with, or incidental to, the performance of its functions and. in particular the Authority may (a) own, lease or dispose of movables or immovables; (b) own, operate or charter any vessel: (c) form companies under the Companies Act, 1972; (d) enter into partnership or joint ventures; (e) act as agent for the purpose of the management of any business or enterprise, or for any other put pose; (f) hold shares in, or debentures of, any company; (g) carry on any business or enterprise for or in connec tion with (i) fishing or.. fisheries; (ii) processing, transporting. handling, marketing or distributing fish or fish products: (iii) exporting fish or fish products; (iv) the sale of equipment or apparatus to be used for fishing; or (v) any other matter relating to its functions where, in the opinion of the Authority. the carrying on of such 3. business or enterprise is in the best interest of the Republic: (h) conduct surveillance operations. in conjunction with the Ministrv of Defence. in relation to fish ing operations in the exclusive economic zone or in the waters superadjacent to the continental shelf: (i) monitor the catch of all fishing vessels: or (j) C:lITY au t scien rifie and deve ioprne n( research. rectors zmbership of c Board rrnan and uurrnan (2) The powers under subsection (1) may be exercised by the Authority acting alone or, where appropriate. by the A uthority acting in association with any other person, includ ing the Government, a foreign Government, or any agency or instrumentalitv thereof. J Division 3 - The Board of Directors 8. There shall be a Board of Directors of the Authority which-. (a) shall be responsible for the policy, control and ma nagement of the Authority; and (b) shall perform the functions and may exercise the powers of the Authority. 9. (1) The Board shall consist of not more than 7 nor less than 5 directors who shall be appointed by the President by instrument in writing. (2) The President may, by instrument in writing, revoke the appointment of a director. 10. (1) The President may, by instrument in writing, de signate a director to be Chairman of the Board and a director ~ to be Deputy Chairman of the Board, and m~y in like manner revoke any such designation. (2) If a person designated as provided in subsection (1) ceases to be a director he also ceases to be Chairman or, as the case may be. Deputy Chairman, of the Board. 11. The authority shall pay to Directors such fees an alowances (if any) as the President may determine, in writing, either generally .ir in relation to a .particular director or class of directors. 12. (J ) A director who is directly or indirectly interested in any way in a contract made or proposed to be made by or on behalf 0:" the Authori:v , or in anv other matter whatsoever- . \\ i~i\."!l f:;I~: to f'.? Ci.·){''';:l::::=-~d .... v t~ -' :3·1;lfd. ..:h::; , 'L the [31st August] Supplen.en: to Official Gazette 53 nature of his interest at a rnccung of the Board and the disclosure shall be recorded in the minutes of the meeting. in the case of any such contract, take part in any deliberation or decision of the Board with respect to the con tract: and in the case of any other matter, take part in any deliberation or decision of the Board with respect to the matter ifthe Board decides tha t the interest in question migh t prejudicially affect the member's consideration of the matter. (b) (2) The director shall not, without the consent of the Board (aJ (3) For the purposes of this section. a notice given by a director at a meeting of the Board to the effect that he is a member of an identified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the .notice. and in any other matter whatsoever concerning the body corporate or finn which falls to be considered by the Board after that date, is sufficient disclosure of his interest. (4) A director need not attend in person at a meeting of the Board in order to make a disclosure which he is required to make under this section, if he takes reasonable steps to secure that the disclosure is made by notice that is taken into consid eration at such a meeting. 1';. (1) The Board shall hold such meetings as are neccs- \ k:::::~~' sary for the performance of its functions. . 81',~;,: (2) The Chairman of the Board (a) may convenemeetings of the Board. and shall com ply with any resolution of the Board with respect to the conveninz of rnee tinus: and . - (b) shall. on receipt of a written request signed by not less than :3 directors. convene a meeting of the [ "'). )0) r'"t. ," u. (3) If the Chairman of the Board is not available, the Deputy Chairman may convene a meeting of the Board. (4) Subject to subsection (5), the Chairman of the Board shall preside at meetings of the Board, and in his absence the Deputy Chairman shall preside. (5) At a meeting of the Board at which the Chairman and the Deputy Chairman of the Board are not present, the mem bers present shall appoint one of their number to preside. (6) The quorum at a meeting of the Board is 3. (7) Questions arising at a meeting of the Board shall be determined by a majority of the members present and voting. (8) The member. presiding at a meeting of the Board has a de liberative vote and, in the event of an equality of votes, also has a casting vote. (9) The Board shall cause to be kept, in such manner and form as the Board determines, full and accurate minutes of proceedings at its meetings. (10) The arrangements relating to meetings of the Board not provided for by this section shall be such as are de tennined the Board. Division 4 - Staff 14. (1) The Authority may, with the approval of the Presi dent. establish such offices in the Authority as it considers necessary to enable it to properly perform its functions. (2) Subject to subsection (3L the appointment to an office established under subsection (1) shall be made by the Presi dent on such terms and conditions as the President determines. (':) The President rnav. bv in: the Authority to make appoinrrr he !tl[~:;ing: to any class. ide n tifi ... rh:;~ ,-""cm [he Aurhorn . rn.r, d.:. . "<.lment in writi ng , authorise ~ ts to any offices. or offices :"1 the ;Ils~r:.lment: and in .supptemeru 10 UflZCLaL Gazette 55 (4) An office created pursuant to subsection (1) may be given such designation as the Authority, with the approval of the President. determines. 15. For the purposes of this Act, the Authority may, with the approval of the President on such terms as may be ar ranged. make usc of the services of any public officer to perform the functions of any office establishment pursuant to section 14(1) or for any other purposes. Cse o( s<.:rVlCCS of public officers Funds of t:: c .-\ u tho ri tv . moneys appropriated by an Appropriation Act and paid to the Authority: moneys derived by the Authority from carrying on any business or enterprise or by reason of its share holding in any company: monevs lawfullv borrowed bv the Authoritv;* • J moneys due on any investment made by the autho rity; or other moneys lawfully received by the Authority for the purposes of the Authority. (a t (e) (f; ) (c) (d) Division 5 - Financial 16. The funds of the Authoritv shall consist of 17. The Authority may, for the purpose of the perform ance of its functions under this Act. with the approval of the President, given either conditionally or unconditionally. bor r~J\V money in or outside Seychelles. (2) The Authority may give security over any of its assets for the curpose of a borrowinz under subsection (1).i .. . ;3) The Minister responsible for finance may. out of public r.::lnevs. make advances to the Authoritv of such amounts and ~ , . L1f1 such terms as that Minister determines. l,-n The Authority shull make to the Republic. at such times ;1nd in such man ne r as the President may direct. pay rncnts of such amounts a~ rnav be so directed in or towards the rt'p~lymentof advances made pursuant to subsection (3) or of :1':\)U:11~ issu~J in r'l~!!'i;;l~c:it ,~f J!1': (tUf:;n:-:-.? ~i\e:l unucr l31st August]50 \ (counts niication nds Supplement to Ut' :':ldl Guzetu: . any Act in respect c any amount borrowed in accordance with subsection (1) '. : of interest on any such advances or sums at the rate directed by the Minister responsible for finance. (5) The Authority may, when it considers it necessary to do so, establish and operate sinking funds or other special funds for the purpose of, or in relation to, any loan borrowed by the Authority under this section. (6) The Authority shall not borrow otherwise than in ac cordance with this section. 18. (1) The Authority may open and maintain an account or accounts with one, or more than one, bank and shall maintain at all times at least one such account. (2) The Authority shall pay all funds of the Authority into an account referred to in this section. 19. (1) Subject to subsection (3), the funds of the Author ity may be applied by the Authority (a) in payment or discharge of the costs, expenses and other obligations of the Authority; . (b) in payment of remuneration, fees and allowances payable to any person under this Act; or (c) as provided in subsection (2), but not otherwise. (2) Moneys of the Authority not immediately required for the purposes of the authority may be invested-s (a) on fi-xed deposit with one, or more than one. bank: (b) in Government securities: or (c) in any other manner which the Authority thinks fit. (3) Where the Authority receives any money and the rnonev is received on the exnress condition that it shall be- . applied for a particular purpose. then the money shall be applied for that purpose and for no other purpose: but with (~!!~ rre iudicc f'(",,\ ~h·~ .')'f""',:L .,r;I) ....... ')r ,'1~.:~1' ..!: ,- ,....,'~ :- ~r~;·)t~-"i" t-l--.. t ... '- J U \",.;.. '- l. J .. I.... • ~ , ..... 1,- J I \ L • J U' ... '- ' ... \ • L 1 ~ ' J ~ I .. '" .. I I'." : 1 \. [31st August] Supplement to Official Gazette 57 any such money when not immediately required for that purpose. 20" (1) For- Estimates (a) each financial year of the Authority: and (b) any longer period which the President may from time to time require, the Authority shall prepare and submit to the President, not later than such date as the President directs. estimates of the income and expenditure of the Authority, including its capital budget for the coming financial 'lear or anv such longer ~ ~ ~ - period. (2) Thefinancial year of the Authority is (a) the date of the commencement of this Act to 31st December next following; and (b) thereafter, the 12 months beginning each year on 1st January and ending on the 31st December next following 21. (1) The Authority is liable (a) to taxation in respect of income derived (i) from carrying on any business or enterprise of the kind referred to in section 7(1) (g) or (ii) by way of dividend or otherwise from any com pany in which it is a shareholder" to the same extent as it would be so liable if subscc tion (3) had not been enacted: and (b) to pay duties of customs and excise in carrying on any business or enterprise of the kind referred to in section 7 ( 1) (g) where. and to the same extent as. it would be so liable if subsection (3) had not been enacted. (2) Nothing in subsection (3) shall be construed as operat Exemptions l n l '!•• I Sup plement to Official Gazette [31st August] t he Companies Act. 1972, from any tax. duty or fee which is lawfully payable by that company. (3) Except as provided in subsection ( 1) (a) The Authority is not liable to any taxation imposed by law in respect of income. whether gross or net. on profits: (b) the Authority is not liable to any duty of customs of excise imposed by law: and (c) no duty or fee is chargeable under the Stamp Duty ACL 1975. the Land Registration Act. in respect of anv instrument executed bv or on behalf of. or in " " favour of. the Authoritv . . !l!S 22.' (1) The Authority shall keep proper accounts and 'iJi( proper records in relation to the accounts and shall prepare. in respect of each financial year. a statement of accounts in such form as the Minister responsible for finance may direct. being a form which shall comply with the best commercial standards. (2) The accounts and statement of.accounts of the autho rity shall be audited by an auditor or auditors appointed annually by the Authority and approved by the Minister responsible for finance. (3) As soon as the accounts and statement of accounts of the A uthority in respect 0 f any financial year have been audited pursuant to subsection (2), the authority shall send to the President a copy of the statement together with a copy of any report made by the auditor on that statement or on the accounts of the Authoritv. P.-\RT III - \USCELL.-\r--:EOLS 23. (1) The President may. by order. direct that the in terest. or any part thereof. of the Government in any property identified in the order shall be transferred to the .Authorit:..": ~l nJ [he \. Iinister designated in the order shall take. or cause to h-.: t.ik cn , all steps !e:;:.lll;" necessary to effect the transfer. lJ Ist August j jupplt!menr to VfJlelai Gazette (2) In this scction-> "Government" includes parast.u al organisations. statut ory corporations and other instrumentalities of the Government: "interest", in relation to property, includes ownership: "property" means movable and immovable property of eve ry description: 24. The Minister may make rezulations for carrvinz into- - - ~ effect the purposes and provisions of this Act. 25. The Harbour Act is amended bv the insertion after section 7 of the following new section: .. Regulations Amendment (If C1r ~ If) ..Fi"h iru; Port of SL·\cht:II~". 8 (A) (L) The Presiden t may. by order. de signate any area or areas wihin or in the vicin itv of the harbour of Victoria as the Fishing. ~ Port of Sevchelles. (2) The President may make regulations with respect to the administration and control of the Fishing Port of Seychelles and. for that purpose. may. in particular. confer or impose powers and duties on the Seychelles Fishi~g Authority established by the Seychelles Fish ing Authority (Establishment) Act. L984. inc luding powers to make charges and levy fees in prescribed circumstances, (.3) To the extent that the President makes reculations under subsection (1) those resula-- tions snail ha \'e e trcct notwithstanding any thing to the conrrary in this or any other Act. but otherwise this Act shall continue to applv in relation to the area of the Fishing Port of Sevcheiles to the same exten t as it would have anolie d if this section had not been enacted .", , S:tf ,; , i l ' !!1 C!Zf to Official Gut.ctte [31st August] I ccrt ifv that this is a correct copy of the Bill passed by the ?cor!/c's Assembly on the 21st day of August. 198-+. Mrs. F. Shroff. Clerk to the People's Assembly.