Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 28

Restrictive practices in relation to the carriage of goods by sea

28.
(1) The Minister may, in accordance with the provisions of sub-section (2), if he deems fit,-
(a) declare it an offence for any person either as principal or agent to enter into a contract or to be or continue to be a member of or engaged in any combination in relation to the carriage of goods by sea to and from Ceylon in restraint of or with intent to restrain such carriage of goods by sea, and prescribe penalties and other punishments for such offence;
(b) declare it an offence for any person to monopolise, or to combine or conspire with any other person to monopolise, any part of the trade in relation to the carriage of goods by sea to and from Ceylon, and prescribe penalties and other punishments for such offence;
(c) declare it an offence for any person in relation to the carriage of goods by sea to and from Ceylon either as principal or agent, in respect of dealings in respect of such carriage of goods by sea, to offer or promise to any other person any rebate, refund, discount, concession or reward for the reason or upon conditions expressed or implied which the Minister may declare unlawful, and prescribe penalties and other punishments for such offence;
(d) declare it an offence for any person to refuse, either absolutely or except upon disadvantageous conditions, to undertake the carriage of goods by sea to and from Ceylon to any other person for any reason declared by the Minister to be unlawful, and prescribe penalties and other punishments for such offence;
(e) declare any contracts entered into in contravention of any declarations under the preceding paragraphs (a), (b), (c) and (d) as illegal and void.
(2) The Minister may make regulations for giving effect to the provisions of this section and related matters.


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