44. | (1) When any fishing dispute arises or is apprehended, such dispute may be referred by the Director to an Authorised Officer for inquiry. |
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| (2) When a fishing dispute Is referred to an Authorized Officer under subsection (1) he shall summon the parties to the dispute and endeavour to settle the dispute by conciliation. |
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| (3) If the Authorized Officer succeeds In settling a fishing dispute, a memorandum setting out the terms of settlement shall be drawn up by him and shall be signed by the parties to the dispute or by their representatives Such terms of settlement shall be binding on the parties to the dispute. |
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| (4) If the Authorized Officer fails to effect a settlement, he shall proceed to hear the parties to the dispute and their witnesses and shall determine such dispute. |
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| (5) Any person who is affected by a fishing dispute or by any matter relating to. connected with or arising from such dispute, which is the subject matter of an inquiry before as Authorized Officer shall be entitled to be present at such inquiry and to make oral or documentary representations relating to such dispute. |
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| (6) It shall be the duty of the Authorized Officer to prepare a report containing his findings upon the matters inquired into and such recommendations as he may consider necessary in regard to those matters and the rights restrictions or prohibitions which should be conferred or imposed pertaining to the taking of fish in the waters relating to which the dispute arose or is apprehended or any other related matter. Such report shall be read out at the conclusion of the inquiry. The parties to the dispute and any other person who is affected by such report shall be entitled to obtain a copy of such report on payment of the prescribed fee. |
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| (7) The Authorized Officer shall endeavour to conclude the proceedings taken under this section within a period of one month from the date on which the dispute is referred to him Where he takes a longer period for such proceedings he shall record the resons therefor. |
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| (8) The Minister may make regulations providing for the procedure to be followed at an inquiry held under this section. |
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| (9) Any person who is affected by any fishing dispute into which an inquiry is held under this section, or by any matter relating to, connected with or arising from that dispute may, before the expiration of a period of one month from the date of the report in relation to that dispute, make representations in writing to the Minister on any matter dealt with in the report. |
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| (10) The Minister after considering the report prepared under subsection (8) in respect of any fishing dispute and any representations made to him under subsection (9) with reference to that report, may- | | (a) make order canceling the registration of any fishing net or fishing gear and the owner thereof registering in place of such fishing net or fishing gear and the owner thereof any other fishing net or fishing gear and the owner thereof ; | | |
| | (b) make regulations regarding the subject matter of that dispute or any matter relating thereto or connected therewith or arising therefrom, including regulations for the purpose of- | | | (i) prohibiting, restricting or regulating the tabbing of fish in any specified part of Sri Lanka Waters by persons not belonging to any specified group or section of persons specified fishing boats, fishing gear and methods; or |
| (ii) fixing different days or times during which different groups or sections of persons engaged in fishing may take fish in any specified part of Sri Lanka. |
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| (11) Nothing in the preceding provisions of this section shall be deemed or construed to authorize the reference thereunder of any dispute In relation to the subject matter of which any civil action or other civil proceeding is pending before any court of competent jurisdiction. |
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Sri Lanka Consolidated Acts