| (1) |
The director may from time to time — |
| (a) |
make known in the prescribed manner that, subject to section 21, applications may be made for the designation of applicants as authorized persons for the purposes of this Act, and may, after consideration of the applications— |
| (i) |
designate any applicant, or as many applicants as he may deem fit, who in his opinion have the required knowledge, experience, qualifications, equipment and means, as an authorized person or persons; and |
| (ii) |
enter into an agreement, on a form approved for this purpose by the Director-General, with any such person, and authorize him, to exercise the powers and perform the duties which the director may from time to time in the prescribed manner entrust to him; |
| (b) |
request any person who in his opinion has the required knowledge, experience, qualifications, equipment and means, to render on his behalf, in connection with any exercising or performing by the director of any power or duty granted to or imposed upon him by or under this Act, the service specified in the request; or |
| (c) |
in any manner deemed appropriate by him, authorize or request any person in the service of the State, to perform any function or render any service contemplated in paragraph (a) or (b), respectively. |
| (2) |
Any person who feels aggrieved by any decision or action of any authorized person may, within the period and in the manner prescribed, request the director to review the decision or action concerned. |
| (3) |
The director may, after he has made such investigations as he may deem necessary, confirm, vary or set aside the relevant decision or action. |
| (4) |
The director may, after an investigation referred to in subsection (3), and if he is satisfied that a decision or action which he has set aside or varied, resulted from neglect of or non-compliance with procedures or practices which the person was obliged to follow or apply, or was mala fide — |
| (a) |
if it is the first decision or action of such person being set aside or varied, reprimand him in writing; or |
| (b) |
cancel the agreement concerned forthwith; and |
| (c) |
if any fruitless expenditure of State money results from any such decision or act, determine the amount thereof and recover it, for which purpose the provisions of subsections (1), (3), (4), (5), (6), (7) (except the reference to subsection (2)) and (9) of section 34 of the Exchequer and Audit Act, 1975 (Act No. 66 of 1975), shall apply in respect of such determination and recovery, as if the director were an accounting officer, and the authorized person were a person who was in the employ of a department of State, as contemplated in the said section. |
| (5) |
An authorized person who is not in the service of the State shall, on the submission by him of the prescribed report and claim in respect of the carrying out or the performance by him of the relevant authorization of service, be reimbursed— |
| (a) |
if a tariff of fees which may be claimed in respect thereof has been determined by or under any law, or in any other case, by the Director-General, in accordance with such tariff; or |
| (b) |
if such tariff has not been so determined, for all expenses actually and necessarily incurred by him: |
Provided that if such authorized person is an owner or manager of land, or an owner of any animal or thing, in respect of which the authorization was carried out or the service rendered, no such reimbursement shall be made.
Protection of Businesses Act, 1978
