Sri Lanka Consolidated Acts

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Finance Act (No. 11 of 1963) - Sect 27

Amendments to the Pawnbrokers Ordinance. (Chapter 90)

47.
(1) The Pawnbrokers Ordinance is hereby amended as follows: -
(a) by the insertion in Part II of that Ordinance, immediately before section 3 of that Ordinance, of the following new section which shall have effect as section 2A of that Ordinance: -
2A. On or after the first day of January, 1964, no person shall carry on the business of a pawnbroker if such person-
(b) by the repeal of section 7 of that Ordinance (replaced by Act No. 55 of 1956) and the substitution therefor of the following new section: -
7. On or after the first day of January, 1964, no licence for carrying on the business of a pawnbroker shall be issuedto any person who is prohibited from carrying on such business by virtue of the operation of the provisions of section 2A, and accordingly any such licence issued to any such person, whether by inadvertence or otherwise, shall be deemed, for all purposes, to be null and void.";
(c) by the insertion, immediately after section 46b of that Ordinance (inserted by Act No. 55 of 1956), of the following new section: -
46C. For the purposes of the issue to any person of any licence for carrying on the business of a pawnbroker, or of any prosecution instituted against any person for any offence under this Ordinance, the burden of proving that such person is a citizen of Ceylon, or is not a foreign company or foreign firm, shall lie on such person."; and
(d) in section 47 of that Ordinance by the insertion, immediately after the definition of,-
(i) " appointed date ", of the new definition: -
(ii) " district", of the following new definitions:-
(2) Where any person was, on the thirty-first day of December, 1963, carrying on business as a pawnbroker under the authority of a licence issued to him under the Pawnbrokers Ordinance but is prohibited from carrying on such business after that day by virtue of the operation of that Ordinance as amended by subsection (1) of this section, then, notwithstanding anything in that Ordinance as so amended, any right, liability, action, proceeding or thing, acquired or incurred or pending by or against such person on or before that day in his capacity as such pawnbroker may, after that day, be enforced or carried on or completed as though such person was not so prohibited from carrying on such business.
* Part II (Sections 26 to 46) has been repealed with effect from October 1, 1965, by the Finance (Special Provisions) Act, No. 10 of 1965.


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