Sri Lanka Consolidated Acts

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Control of Prices (Amendment) Law (No. 43 of 1975) - Sect 4

Amendment of section 8 of the principal enactment

4. Section 8 of the principal enactment is hereby amended as follows: -
(1) by the substitution, for subsection (1) of that section, of the following subsection: - "
(1) Every person who acts in contravention of any Order or regulation made or deemed to be made under this Act or of any general or special direction given under section 5 of this Act, or contravenes any Order made or deemed to be made under the National Prices Commission Law fixing the price of an article, or contravenes or fails to comply with any direction given or requirement imposed under section 5A of this Act or resists or obstructs any other person in the exercise of his powers under that section. shall be guilty of an offence;
(2) in subsection (2) of that section-
(a) by the substitution, for paragraph (a) of that subsection, of the following paragraph-
"(a) any person, carrying on business at any premises situated in any place or area in which an Order made or deemed to be made under the National Prices Commission Law fixing the price of an article is in operation, has in his possession for purposes of trade a stock of such article; and '': and
(b) by the substitution, for sub-paragraph (ii) of paragraph (b) of that subsection, of the following sub-paragraph :-
(ii) offers to sell the article subject to a condition requiring the buying of any other article (whether or not an Order made or deemed to be made under section 20 of the National Prices Commission Law is in force in respect of such other article), or the making of any payment in respect of any service, or subject to any other condition, except a condition that the buyer shall pay the price forthwith, ";
(3) in subsection (6) of that section, by the substitution for sub-paragraph (i) of paragraph (a), of the following sub-paragraph :-
"(i) if it is the contravention of an Order made or deemed to be made under section 20 of the National Prices Commission Law by selling an article above the maximum price fixed for that article by that Order, or of a regulation for the prevention of the hoarding of an article for which the maximum price is fixed by such an Order, be punished with rigorous imprisonment for a term not less than four weeks and not exceeding six months and, in addition, with a fine not exceeding seven thousand five hundred rupees, and " ;
(4) by the substitution, for subsection (8) of that section., of the following subsection: - '
(8) Where any person who is employed by any other person (such other person being hereinafter referred, to as the " employer "; to sell articles in the course of any business carried on by the employer at any premises is, by reason of anything done or omitted to be done at those premises, convicted of the offence of contravening any provision o1 any Order made or deemed to be made under the National Prices Commission Law fixing the prices of the articles, or of a. regulation made or deemed to be made under this Act then the employer, or where the employer is out of Sri Lanka, the person for the time being acting as manager or having; control of the business, shall also be guilty of that offence unless he proves to the satisfaction the court that the offence was committe without his knowledge and that he exercise-all due diligence to prevent the commission of the offence:'


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