மீன் வளச் சட்டம் 2016

DRAFT

PREPARED BY

Maravanpulavu K. Sachithananthan,

Formerly Consultant UN/FAO

based on similar legislations / statutes in other countries.

THE WESTERN PROVINCIAL COUNCIL’S (FISH) ORDINANCE, 2016

(Under sections ……………………………….of the Provincial Council Act, …..)

An Ordinance to provide for the licensing, control and regulation of the fishing, farming, capture, handling, processing and selling of fish and to provide for other connected matters.

BE IT ORDAINED by the WESTERN PROVINCIAL COUNCIL as follows:

PART I—PRELIMINARY

1. (1) This Ordinance shall be cited as WESTERN PROVINCIAL COUNCIL’S (FISH) ORDINANCE, 2016.

(2) This Ordinance shall come into force three months from the date of its publication.

2. This Ordinance applies to all areas in the province

3. In this Ordinance, unless the context otherwise requires—

“Act” means the WESTERN PROVINCIAL COUNCIL’S (FISH) ORDINANCE, 2016

“Authorized officer” has the meaning assigned to it under the …………. Act;

“Province” means Western Province;

“Council” means Western Provincial Council;

“fish” means any vertebrate fish alive or dead and any part of the fish, including its young, eggs and fry or any part of dead fish whether fresh or smoked or otherwise processed but does not include

imported canned fish;

“fishing” means the sport or business of catching or capturing fish from natural waters using methods approved by the authorized officer;

“fisherman” means any person or organization engaged in catching, transporting, marketing fish;

“fish capture” means the catching of mature fish from natural water bodies;

“fish farmer” means any person or organization engaged in aquaculture in natural waters;

“fish farming” means the rearing of fish in a controlled environment or aquaculture;

“fish handler” means any person employed or engaged in the carrying, scaling, processing, packaging and selling of fish;

“fish handling” means the process that fish or fish products undergo from the time of capture to the time of sale;

“fish landing site” means a centralized point or pier for landing prescribed in the license for fishing;

“fish market” means any gazetted, licensed premises, fish market, stall or place where fish is sold;

“fish hawker” means a person who sells fish by moving from place to place;

“fishmonger” means a person who sells fish or fish products in a fish market and includes a licensed fish hawker;

“fish processing” means the curing of fish or fish products by drying, smoking, salting or other methods to preserve the fish;

“fish products” means any derivation of fish other than dried fish and includes frozen or grilled fish;

“gear” means any equipment or gear used for fishing can be called fishing tackle such as hooks, lines, sinkers, floats, rods, reels, baits, lures, spears, nets, gaffs, traps, waders and tackle boxes.

 “license” means a person to whom a license is granted under this Ordinance;

“medical officer of health” has the meaning assigned to it under ……………Public Health Act…….of Sri Lanka;

“premises” includes any building or tent together with the land on which it is situated and the adjourning land used in connection with it, and includes any vehicle, conveyance or vessel;

“vehicle” means any means of conveyance or of transit used to transport fish and fish products and includes a bicycle.

“vessel” means mechanized or sailing or rowing boat or ship or a floating vehicle or any means of conveyance or of transit used to reaching and returning from the area of fish catch.

PART II – FISHING

4. (1) A person or organization shall not carry out fish farming, fishing, unless he or she is in possession of a valid license issued to him or her by the Council.

(2) A person or organization shall not set out to collect fish either in vessel or with a fishing gear, from any natural water without possession of a hygienic fish box and the required ice necessary for bringing the catch.

(3) A person or organization shall always bring the catch in fish boxes with ice or frozen to a fish landing center prescribed in the license for fishing by the authorized officer.

(4) A person shall not fish a vessel unless the vessel has been approved in writing by the Council to be fit for the purpose of fishing in natural waters.

(4) Where, an authorized officer is of the opinion that any fish examined or detained by him or her under this paragraph was not landed in the prescribed fish landing site or pier, the authorized officer shall—

(a) Forbid the sale of the fish; or

(b) Order that the fish be destroyed.

(5) Any person who does not comply with an order made under this Ordinance commits an offence.

PART III—DEALING IN FISH

5. (1) A person shall not carry out fish farming, fishing, fish mongering or trade in fish or fish products unless he or she is in possession of a valid license issued to him or her by the Council.

(2) A person shall not operate as a fishmonger or sell fish or fish products to the public except in a licensed fish market, licensed area, or gazetted fish landing site.

(3) Subparagraph (2) of this section shall not apply to a fish hawker in possession of a valid license.

6. (1) An authorized officer may at any time, examine any fish offered for sale at a fish landing site or in a fish market, to determine whether the fish is fit for human consumption.

    (2) An authorized officer may at any time, detain for examination, any fish at a fish landing site whether in transit or at a fish market, for purposes of determining that the fish is fit for human consumption.

(3) Where, an authorized officer is of the opinion that any fish examined or detained by him or her under this paragraph is unfit for human consumption, the authorized officer shall—

(a) Forbid the sale of the fish; or

(b) Order that the fish be destroyed.

(4) Any person who does not comply with an order made under this Ordinance commits an offence.

7. (1) Where a person desires to bring any fish from outside the Province to a fish market or a fish landing site within the area of Provincial jurisdiction, he or she shall first obtain a permit from the relevant authority of the area of origin of the fish.

(2) The Provincial Council or an authorized officer, to whom an application is made under subparagraph (1) of this section, may require the applicant to produce the fish at a suitable place to be examined as fish fit for human consumption or to ensure that the fish or fish products were properly handled.

(3) Any person who contravenes this paragraph commits an offence.

(4) The paragraph shall not apply to fish lawfully imported into Sri Lanka in accordance with the laws governing the importation of food items.

8. (1) A person shall not convey fish or fish products intended for sale to the public as food for human consumption in a vehicle unless the vehicle has been approved in writing by the Council to be fit for the purpose of conveying fish.

(2) The Council shall not approve a motor vehicle, which is not covered and does not have proper provision for preventing the fish from getting exposed to contamination.

 (3) If, at any time, the Council is of the opinion that any vehicle approved under subparagraph (1) is not being maintained to the standard required by the Council or has otherwise ceased to be suitable for carrying fish; the Council may revoke the approval of the vehicle to transport fish.

9. (1) Any person who conveys or causes to be conveyed any fish or fish products in a vehicle shall—

(a) cause the inside and the covering of the vehicle, the receptacles for fish and any apparatus coming into contact with fish used for loading and unloading to be kept in a clean condition; and

(b) not permit any person, live animal, material or any other thing, to be conveyed together with the fish in the body of the vehicle.

(2) A person engaged in the handling or transporting of fish shall—

(a) not permit any part of the fish or fish products to come into contact with the ground;

(b) take all precautions which in the opinion of the Council are considered to be necessary to prevent the exposure of fish to contamination;

(c) not permit any passenger or livestock in the vehicle transporting the fish, particularly in the trunk were the fish or fish products are kept; and

(d) not permit the transportation of fish and fish products in containers that are not easy to clean.

(3) A person engaged in the handling or transporting of fish shall ensure that his or her employees in the course of their employment wear clean and washable head coverings and overalls.

(4) An authorized officer may at any time inspect any vehicle used for carrying fish to ensure compliance with the provisions of this Ordinance.

PART IV—LICENCES AND PERMITS

10. (1) An artisanal fish farmer, fisherman, artisanal fish processor or fishmonger shall apply for a permit / license to the Council;

(2) A commercial fish farmer, fisherman, fish transporter or fish monger shall apply for a fish license to the Council in the form prescribed in the …………………. to this Ordinance.

(3) An application under this section shall be accompanied by fees prescribed by the Council.

(4) The Council shall not issue a license under this paragraph unless the applicant produces a certificate from a medical officer of health stating that the premises in respect of which the license is required comply with the requirements of this Ordinance.

11. (1) No premises shall be used for processing or selling fish and fish products unless the Council has licensed the premises in the form prescribed in the ………. this Ordinance.

(2) A license issued under this paragraph shall be annual and shall expire at the end of the financial year of the Council.

(3) A license under this paragraph shall not be transferable.

(4) For the avoidance of doubt, “premises” under this section includes such facilities as may exist at a fish landing site for the purpose of handling or selling fish.

12. (1) Any premises licensed under this Ordinance shall meet the following requirements—

(a) the construction, situation, lighting, ventilation, drainage, sanitary accommodation and state of repair of the premises shall be maintained in good sanitary conditions and with provisions to prevent the fish from contamination;

(b) have sufficient and accessible supply of clean and wholesome water;

(c) have adequate facilities for a sufficient supply of boiling water for the purposes of maintaining hygiene and any other purposes;

(d) provide sufficient accommodation and facilities for employees to wash themselves, their overalls and head coverings;

(e) contain sufficient portable receptacles of a size and shape approved by the Council and fitted with proper lids, in which all refuse and fish trimmings not intended for sale shall be placed;

(f) that no part of the premises is used as or connected to a sleeping room;

(g) that the premises have a dressing room or cupboard or similar facility for employees to store their overalls and head coverings in a clean and sanitary condition which shall not be used for any other purpose; and

(h) have a fly proof repository / cold room / freezer room of a size and design approved by the Council for the storage of any fish not required for immediate sale which shall not be used for any other purpose.

(2) A licensee of premises shall ensure that no cellar or basement of the premises is used for the purposes of processing or selling fish.

(3) A licensee of premises shall ensure that fish is sold from a reasonable distance to be determined by the Council

from—

 (a) other premises were other items other than fish are sold;

(b) a toilet;

(c) garbage refuse skips;

(d) an open drainage channel;

(e) hair dressing areas; or

(f) any other source contaminants.

(4) For the purpose of subparagraph (1) of this section, the words “sufficient” and “adequate” shall mean sufficient or adequate, as the case may be, in the opinion of the Council.

13. (1) A licensee of premises for processing or selling fish shall—

(a) observe all due cleanliness to the satisfaction of the Council in regard to his or her premises and all articles, apparatus and utensils kept on the premises;

(b) cause the inside walls and ceiling of the premises to be surfaced as may be approved by the Council and to be treated with lime-wash or other suitable material approved by the Council and thereafter to be resurfaced and treated at such intervals as determined by the Council for the purpose of maintaining cleanliness and minimizing the risk of contamination of any fish kept on the premises;

(c) not suffer, or cause to suffer, any refuse, filth, fish byproducts or fish trimmings not intended for sale to be deposited or accumulated on the premises except in special receptacles provided for that purpose;

(d) not permit any gut scraping, tripe cleaning or domestic washing to be carried on the premises;

(e) take all necessary precautions to guard against the fish kept on the premises from getting contaminated by flies or other contaminants by using methods approved by the Council.

14. A licensee of premises shall, without delay, inform a medical officer of health of the occurrence or suspected occurrence of any infectious disease among any of his or her employees and the licensee shall comply with any directions which the medical officer of health may give for the purpose of controlling the spread of any such disease.

PART V—MISCELLANEOUS

15. A person shall not keep a live animal or a bird on any premises used for processing or selling of fish.

16. The premises shall not be used for any other trade or process without the written approval of the Council.

17. A licensee of fishing and that of the premises shall ensure that his or her employees or agents comply with the provisions of this Ordinance and any breach of the provisions of this Ordinance committed by the agent or employee of the licensee shall be deemed to be a breach of the Ordinance by the licensee.

18. A licensee of premises shall fix and at all times maintain his or her licence in a conspicuous place on the premises.

19. (1) A person who is suffering from an infectious disease shall not—

(a) work on any premises; or

(b) handle or assist in the handling of fish intended for sale as food for human consumption.

 (2) The Council shall cause a person working in any premises used for processing or selling of fish, to be medically examined at least once a year at the expense of that person.

(3) Medical officer of health shall conduct the examination referred to in subparagraph (2).

20. (1) The provisions of this Ordinance shall apply to the packaging of fish and fish by- products.

(2) The provisions of this Ordinance shall apply to the use of hazardous materials including rubber, in the drying of fish.

21. The provisions relating to the capture, possession, transportation and consumption of immature fish shall apply to this Ordinance.

22. (1) A person, who engages in the selling or possessing of ornamental fish, shall apply for an ornamental fish permit at a fee prescribed by the Council.

(2) Any person who sells or possesses ornamental fish without a valid permit referred to in subparagraph (1), commits an offence

23. (1) A person shall not fish using any chemicals or toxic substances in waters in the Council’s jurisdiction.

(2) A person who contravenes this section commits an offence.

24. Any person who contravenes any provision of this Ordinance commits an offence and is liable on conviction, to a fine not exceeding ……………… or to a term of imprisonment not exceeding ………….. or both.

24. The Court may, in addition to or in substitution for any other penalty, revoke or suspend the license of any person

SCHEDULE ………….

APPLICATION FOR LICENCE OF PREMISES USED FOR FISHING / PROCESSING / SELLING OF FISH under the WESTERN PROVINCIAL COUNCIL’S (FISH) ORDINANCE, 2016.

To: The Secretary

Ministry of Fisheries, Western Provincial Council

1. I/We, the undersigned, hereby make application for a license in respect of fishing and or premises to be used for processing/selling of fish situated at …………………………..Nilathari division

…………………………………………………………………………

2. I/We, shall after issue of licence operate as—

Tick as appropriate

(a) processor(s) …………

(b) wholesaler(s) …………

(c) fishmonger(s) …………

(d) fish handler(s) …………

(e) commercial fish farmer …………

(d) fisherman

Dated this ……………… day of ……………………… 20…………

……………………………………

Signature of Applicant.

SCHEDULE ……………..

WESTERN PROVINCIAL COUNCIL’S (FISH) ORDINANCE, 2016.

PREMISES FOR FISH PROCESSING/SELLING LICENCE

Licence No: ……………………………………………………………

Name of licensee: ……………………………………………………...

Premises situate at: …………………………………… are hereby

licensed as premises for the processing or selling of fish

Date of issue: ………………………………………………

This licence expires on ............ day of ...........................20……

…………………………………………

கருத்துக் கணிப்பகம், 2016

 ARRANGEMENT OF SECTIONS

1. Interpretation.

2. Establishment and membership of Commission.

3. Functions of Commission.

4. Consultants and advisers.

5. Advertisements etc., by Commission.

6. Submissions to Commission in relation to referendum.

7. Declaration that body is an approved body for purposes of a referendum.

8. Publication of notices by Commission.

9. Obligation to provide information or statutory declaration if required.

10. Notification of referendum returning officer and local returning officer of details of approved body.

11. Appointment by approved body of agents at a referendum.

12. Referendum petition.

13. Advances to Commission.

14. Reports and information to Minister.

15.Provisions in relation to offences.

REFERENDUM ACT, 2016

AN ACT TO ENABLE THE CHIEF MINISTER OF THE NORTHERN PROVINCE TO ESTABLISH IN RELATION TO A REFERENDUM A COMMISSION TO BE KNOWN AS A REFERENDUM COMMISSION HAVING AS ITS PRINCIPAL FUNCTION THE PROVISION OF INFORMATION TO THE ELECTORATE IN RESPECT OF THE REFERENDUM AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

BE IT ENACTED BY THE NORTHERN PROVICIAL COUNCIL AS FOLLOWS:

1.0 Interpretation.

1.1 In this Act except where the context otherwise requires—

“approved body” means a body declared by the Commission under section 7 to be an approved body;

“the Commission” means the commission established under section 2;

“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“the Minister” means the Chief Minister of Northern Province;

“referendum” means any ordinary referendum.

1.2 In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2.0 Establishment and membership of Commission.

2.1 Whenever a referendum falls to be held, the Minister may, if he or she considers it appropriate, by order establish a commission which shall be known as the Referendum Commission and is referred to in this Act as “the Commission” to perform the functions conferred on it by this Act.

2.2 An order under subsection 2.1 shall be made not later than the date of the making of the relevant order by the any local body or the Northern Provincial Government or the Government of Sri Lanka.

2.3 The Commission shall be independent in the performance of its functions.

2.4 The Commission shall consist of a chairperson and 4 ordinary members.

2.5 The chairperson shall be—

(a) a former judge of the Supreme Court or a former judge of the High Court, or (b) following consultation with the High Court, a judge of the High Court shall be appointed by a resolution of the Northern Provincial Council.

2.6 Each ordinary member shall be appointed by a resolution of the Northern Provincial Council.

2.7 (a) Where, before the completion of the performance of the functions of the Commission, a member of the Commission notifies the Minister that he or she is for any reason temporarily unable to act as such member then—

(i) in the case of the chairperson, a former judge of the Supreme Court, or a judge or former judge of the High Court, nominated by the High Court shall be appointed by a resolution of the Northern Provincial Council for the duration of such inability.

(ii) in the case of an ordinary member appointed through a resolution of the Northern Provincial Council shall become and be a member of the Commission for the duration of such inability.

(b) Where a person becomes a member of the Commission pursuant to paragraph (a) for the duration of an inability, the member of the Commission who is temporarily unable to act as such member shall be deemed for such duration not to be a member of the Commission.

2.8 Where the High Court nominates a person under subsection 2.5 or 2.7, he or she shall notify the Minister in writing of the name of the person so nominated for ratification by the Northern Provincial Council.

2.9 (a) Where, before the completion of the performance of the functions of the Commission, a member of the Commission ceases to hold the office by which he or she became a member of the Commission, he or she shall continue to be a member of the Commission until the performance of those functions have been completed, unless otherwise directed by the Minister.

(b) The provisions of subsection 2.6 shall not apply in a case where a person continues to be a member of the Commission pursuant to paragraph (a).

2.10 The Commission may act notwithstanding one or more vacancies among its members.

2.11 A member of the Commission shall not advocate or promote a particular result at the referendum in respect of which the Commission has sought a referendum.

2.12 Subject to the provisions of this Act, a Commission shall determine, by standing orders or otherwise, the procedure and business of the Commission.

2.13 The Minister for Finance shall make available to a Commission such reasonable facilities and services (including clerical, secretarial and executive services) as the Minister for Finance, after consultation with the Commission, shall determine.

2.14 The following shall be absolutely privileged:

(a) documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published;

(b) all reports of the Commission, wherever published;

(c) statements made in any form at meetings or sittings of the Commission by its members or officials and such statements wherever published subsequently;

(d) submissions made to the Commission under section 6.

2.15 Every order made by the Minister under this Act shall be laid before the Northern Provincial Council within a month after it is made.

3.0 Functions of Commission.

3.1 The Commission shall have, in addition to any functions conferred on it by any other provision of this Act, the following principal functions in relation to the referendum in respect of which it is established:

(a) to prepare—

(i) a statement or statements containing a general explanation of the subject matter of the proposal and of the text thereof in the relevant Bill and any other information relating to those matters that the Commission considers appropriate, and

(ii) a statement or statements having regard to any submissions under section 6 concerning the proposal to which the referendum relates and setting out the arguments for and against the proposal, and the statements shall be fair to all interests concerned;

(b) to publish and distribute such statements in such manner and by such means including the use of television, radio and other electronic media as the Commission considers most likely to bring them to the attention of the electorate and to ensure as far as practicable that the means employed enable those with a sight or hearing disability to read or hear the statements concerned;

(c) to foster and promote and, where appropriate, to facilitate debate or discussion in a manner that is fair to all interests concerned in relation to the proposal aforesaid.

(2) The Commission shall have all such powers as it considers necessary or expedient for the performance of its functions including, but without prejudice to the generality of the foregoing, the following powers:

(a) to prepare, publish and distribute brochures, leaflets, pamphlets and posters, and

(b) to distribute the statements aforesaid to each elector or each household.

(3) Commission shall have all such powers to conduct a referendum, shall have all such powers to define the area for referendum of the local body or nilathaari section or division or district or the entire northern province on any matter referred to it by the Minister.

4.0 Consultants and advisers.

4.1 The Commission may from time to time engage such consultants or advisers as it may consider necessary or expedient for the performance of its functions, and any remuneration due to a consultant or adviser engaged under this section shall be paid by the Commission out of moneys at its disposal having regard to guidelines issued from time to time by the Minister for Finance and, in addition to the foregoing, the Commission shall comply with any directions (which the Minister for Finance is hereby empowered to give) given by the Minister for Finance to the Commission with regard to such consultants and advisers.

5.0 Advertisements etc., by Commission.

5.1 The Commission shall satisfy itself that the subject of the referendum and its content of reference /proposal reaches the decider / voter/ participant through advertisements and all other forms of printed and or electronic and or word of mouth and or through beating of drums and or any other mode of communication.

6.0 Submissions to Commission in relation to referendum.

6.1 A person may make a submission in writing or by electronic mail to the Commission in relation to the proposal the subject of the referendum within such time as the Commission may specify.

7.0 Declaration that the body is an approved body for purposes of a referendum.

7.1 On application in that behalf in accordance with this section to the Commission by a body, the Commission may make a declaration that the body is an approved body for the purposes of the referendum concerned in respect of the matter referred to it by the Minister.

7.2 An application under subsection 7.2 shall be in writing in a form specified by the Commission or in a form to the like effect and shall be made within such time as the Commission may specify and shall include the address in the body concerned.

7.3 Where a body makes an application under this section, it shall nominate a person to be its authorised officer for the purposes of this Act (referred to subsequently in this Act as “an authorised officer”) and the name and address of the person so nominated shall be included in the form of application.

7.4 A Commission may refuse to make a declaration under subsection 7.1 if—

(a) in the opinion of the Commission, the body concerned does not have a bona fide interest in the proposal the subject of the referendum concerned,

(b) it fails or refuses to comply with the provisions of this section or section 9.0, or

(c) the name of the body is identical with the name of any party registered in the Register of Political Parties, or in the opinion of the Commission so closely resembles such name as to be calculated to mislead, confuse or deceive.

7.5 Upon the determination of an application under this section, the Commission shall as soon as may be—

(a) by notice in writing (which may be sent by post) inform the body concerned of the determination and, if it is a refusal to make a declaration under this section, the notice shall include a statement of the reasons for the refusal.

7.6 A person shall not knowingly furnish false information to the Commission in relation to an application under this section.

7.7 A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding Rs. 50,000 or to imprisonment for a term not exceeding 3 months or to both.

7.8 Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.

7.9 (a) Subject to paragraph (b), in this section “body” means a body corporate or unincorporated body which, or a branch of which, is established in the State, governed by a constitution, a memorandum of association or other such document or other written rules.

(b) A political party that is for the time being registered in the Commissioner of Elections shall be deemed to be a body.

8.0 Publication of notices by Commission.

8.1The Commission shall as soon as may be after its establishment publish a notice in two or more national newspapers—

(a) indicating that a person may make submissions in writing or by electronic mail to the Commission in relation to the proposal the subject of the referendum,

(b) indicating that a body may apply to the Commission for a declaration under section 7,

(c) specifying time limits for the receipt of such submissions and applications, and

(d) specifying the procedures for making such submissions and applications.

Obligation to provide information or statutory declaration if required.

9.0 Obligation to provide information or statutory declaration if required.

9.1 The Commission may request from a body that applies for a declaration under section 7 all such information or documents in the possession or procurement of the body that the Commission reasonably requires from it for the purposes of the determination of the application.

9.2 Whenever the Commission makes a request under subsection (1), the authorised officer of the body shall furnish the Commission with the information or documents within the time (being not more than 7 days from the day on which the request is made) specified in the request and, if the officer does not comply with the request, the application of that body for a declaration under section 7 shall be deemed to be withdrawn.

9.3 The Commission may require that information furnished to the Commission under this section shall be accompanied by a statutory declaration made by the authorised officer concerned that, to the best of the person's knowledge and belief, the information is correct in every material respect and that the person has taken all reasonable steps to ensure the accuracy of the information.

9.4 A person who knowingly furnishes false information pursuant to a request under this section shall be guilty of an offence.

9.5 A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding Rs 50,000 or to imprisonment for a term not exceeding 3 months or to both.

9.6 Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.

Notification of referendum returning officer and local returning officer of details of approved body.

10.0 Notification of referendum returning officer and local returning officer of details of approved body.

10.1 As soon as practicable after the Commission has made a declaration under section 7 or revoked a declaration under section 7 or 9, as the case may be, in respect of a body, the Commission shall notify the referendum returning officer of the name and address of the body and the name and address of the authorised officer of the body.

(2) The referendum returning officer shall, as soon as practicable after receipt of a notification under subsection (1), notify each local returning officer of the particulars so notified to him or her under subsection (1).

11.0 Appointment by approved body of agents at a referendum.

11.1 An approved body may appoint a person or persons to act as agent for the body at the referendum concerned to be present—

(a) at the issue of ballot papers to postal voters,

(b) at the opening of postal ballot boxes, and

(c) at the counting of votes,

at the referendum.

11.2 An approved body may appoint one personation agent to be present as the agent for the body in each polling station for the purposes of assisting in the detection of personation, and such appointment shall be in writing.

12.0 Referendum petition.

12.1 A provisional referendum certificate shall not be questioned by reason of a non-compliance by the Referendum Commission with any provision contained in the Referendum Act, 2016, or mistake made by the Referendum Commission if it appears to the High Court that the Referendum Commission complied with the principles laid down in that Act and that such non-compliance or mistake did not materially affect the result of the referendum.”.

13.0 Advances to Commission.

13.1 The Minister by whom the proposal the subject of the referendum concerned was initiated shall, with the consent of the Minister for Finance, advance to the Commission out of moneys provided by the Northern Provincial Council such sums as the Minister may determine for the purposes of expenditure by the Commission in the performance of its functions.

14.0 Reports and information to Minister.

14.1 As soon as may be after the completion of the performance of its functions under this Act, but not later than 6 months thereafter, the Commission shall prepare and submit a report in writing to the Minister in relation to the performance by it of those functions and the Minister shall cause copies thereof to be laid before the Northern Provincial Council.

14.2 The Commission shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as he or she may specify relating to its activities generally or in respect of any report specified in subsection 14.1.

15.0 Provisions in relation to offences.

15.1 Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been attributable to any willful neglect on the part of, any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.