Sri Lanka Consolidated Acts

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Control Of Prices (Amendment) Act (No. 16 of 1966) - Sect 4

Insertion of new sections 5a and 5b in the principal Act. [ 3, 9 of 1964.]

4. The following new sections are hereby inserted immediately after section 5, and shall have effect as sections 5A and 5B, of the principal Act—
5A.
(1) The Controller may, if it appears to him to be necessary or expedient so to do for the purpose of maintaining, controlling and regulating the supply of any article, other than an article of food or drink, in order to secure its sufficiency or its equitable distribution or its availability at a fair price, by special or general Order requisition any quantity of such article and give such directions as appear to him to be necessary or expedient in connection with the requisition thereof.
(2) Where a special Order is made under subsection (1), the Controller shall— (i) specify the name and address of the person in respect of whom such Order is made and the quantity of the article which is to be requisitioned, and (ii) direct such person or any other person on his behalf, who is in possession or has control of that article at any place of any description specified in the Order, to deliver to such officer as may be authorized for the purpose in the Order at such place the quantity of that article requisitioned by the Order if required to do so by such officer.
(3) Where a general Order is made by the Controller under subsection (1), the Controller shall-
(i) declare the quantity of the article, which is to be requyistioned from persons of any specified class or description, to be a specified proportion of the total quantity of such articled in the possession or control of each such person, and
(ii) direct that every such person, or any other person on his behalf, who is in possession or has control of that article at any place of any description specified in the Order, to deliver to such officer as may be authorized for the purpose in the Order at such place the quantity of that article requisitioned by the Order if required so to do by such officer.
(4) Where the Controller requisitions any quantity of any article referred to in subsection (1), he may use or deal with, or authorize the use or dealing with, that quantity of that article to such extent and in such manner as he thinks expedient for any of the purpose specified in subsection (1), and may hold or sell or otherwise dispose of that quantity as if he were the owner thereof and as if that quantity were free from any mortgage, pledge, lien or other charge.
(5) The Controller, if it appears to him to be necessary for the effectual exercise of the powers conferred by subsection (1) may, by Order made applicable either to the whole of Ceylon or to any specified area thereof—
(a) direct that no person, who, at the time when the Order takes effect, has in his possession or under his control at any premises in any area to which that Order applies any quantity of any article as may be described in the Order, shall remove that quantity or cause or permit it to be removed until the removal of that quantity therefrom is permitted by such officer or person as may be specified in the Order ; or
(b) require the owner or occupier of any premises in any such area to send to such officer or person as may be specified in the Order before such date as may be specified therein, a written declaration stating whether or not, on such date as may be specified in the Order, any quantity of any such article was, is, or will be on the premises, and, if so, the quantity of such article which was, is or will be on the premises on that day, according as the Order may direct.
(6) For the purpose of exercising any of the powers conferred on the Controller by the preceding provisions of this section, the Controller or any officer authorized specially or generally in that behalf by the Controller, may at any time between sunrise and sunset enter and inspect any premises or place in which any article requisitioned or to be requisitioned by any special or general Order is kept or alleged to be kept and may make such examination therein as he may deem necessary.
(7) Any officer of police or any other officer of Government who is requested so to do by the Controller or any officer authorized specially or generally in that behalf by the Controller shall aid and assist him in the exercise of his powers under the preceding provisions of this section.
5B. Where any quantity of any article has been requisitioned under the provisions of section 5a, compensation assessed in accordance with regulations which shall be made in that behalf under this Act shall be paid to the owner in respect of the requisition of that quantity.


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