Sri Lanka Consolidated Acts

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Food (Amendment) Act (No. 20 of 1991) - Sect 14

Amendment of section 18 of the principal enactment

14. Section 18 of the principal enactment is hereby amended as follows : "
(1) in subsection (1) of that section"
(a) by the substitution, in paragraph (a) of that subsection, for the words " not less than one thousand rupees and not exceeding five thousand rupees ;", of the words " not less than five thousand rupees and not exceeding ten thousand rupees," ;
(b) by the substitution, in paragraph (b) of that subsection, for the words " not less than five hundred rupees and not exceeding one thousand rupees ;", of the words " not less than five thousand rupees and not exceeding ten thousand rupees," ;
(c) by the substitution, in subparagraph (i) of paragraph (c) of that subsection, for the words " not less than two hundred and fifty rupees and not exceeding five hundred rupees", of the words "not less than five hundred rupees and not exceeding three thousand rupees" ; and
(d) in the substitution, in sub paragraph (ii) of Paragraph (c) of that subsection, for the words "not less than five hundred rupees and not exceeding one thousand rupees", of the words "not less than one thousand rupees and not exceeding five thousand rupees. ".
(2) in subsection 2 of that section, by the substitution, in paragraph (b) of that subsection"
(a) for the words "cancel the licence (if any) issued to the person " of the words " cancel the licence or certificate of registration (if any) issued to the person " ; and
(b) for the words "relevant licensing authority accordingly", of the words " relevant licensing authority or registering authority, accordingly ",
(3) by the addition at the end of that section, of the following new subsection: "
" (3)
(a) Where a person convicted of the offence of using any premises without first obtaining a certificate of registration in respect thereof in terms of section 7 (1) of this Act continues to use such premises either by himself or by any other person on his behalf notwithstanding such conviction, the Magistrate may, upon application made for a closure order by the relevant Food Authority or any officer authorized by such Food Authority, order the closure of such premises or the discontinuance of the trade or business carried on therein until such time as such person obtains a certificate of registration in respect of such premises from such Food Authority.
(b) In any proceedings referred to in paragraph (a), a certificate signed by or on behalf of the Food Authority stating that the person mentioned in the certificate continues to use such premises without first obtaining a certificate of registration in respect thereof in terms of section 7(1) of this Act, shall be prima facie evidence of the facts stated therein.
(c) Where such person fails to comply with the closure order issued under paragraph (a) of this subsection, the Magistrate shall forthwith issue an order to the Fiscal of such Court requiring and authorizing such Fiscal to close such premises and discontinue the trade or business carried on therein before a date specified in the order, not being a date earlier than three days or later than seven days from the date of issue of such order. Such order shall serve as sufficient authority for the Fiscal to enter the premises with such persons as he may deem necessary to close such premises and discontinue the trade or business carried on therein.


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