15.
| (1) Notwithstanding anything to the contrary in any other written law, the Authority shall be the sole authority responsible for the issue of licences to carry on the gem industry whether such industry is, or is proposed to be, carried on in or over any State or private land. |
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| (2) No person shall carry on the gem industry except under the authority of a licence issued by the Authority. |
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| (3) Every application for a licence to carry on the gem industry shall be made to the Authority in such form as may be prescribed. |
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| (4)
| | (a) No licence shall be issued by the Authority to any person under this Act to carry on the gem industry except upon the payment by such person to the Authority of such fee or fees as may be prescribed. | | |
| | (b) Every such licence shall
| | | (i) be in the prescribed Form; |
| (ii) be subject to such terms and conditions as may be prescribed; |
| (iii) unless it is cancelled earlier be in force for a period of twelve months from the date of its issue. |
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| (5) Where a licence has been issued to mine for gems or gemming on any paddy land, the cultivator of such land if he is not the owner of such land or the holder of such licence, shall be paid compensation by the owner of such land assessed in such manner as may be prescribed, for loss of income from such paddy land during the period of the licence. |
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| (6) No licence issued under this Act to any person shall be transferable to any other person, and accordingly any such transfer shall be null and void. |
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| (7) The Authority may at any time revoke any licence issued under subsection (2), in the event of any default in the payment of any money payable thereunder or on the failure of the licensee to comply with any of the terms and conditions of the licence. |
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| (8) Where the Authority
| | (a) refuses an application for a licence made under subsection (3) ; | | |
| | (b) revokes a licence under subsection (7), | | |
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| (9) The Secretary may on any appeal made to him under subsection (8)
| | (a) allow the appeal and direct the Authority to issue or renew the licence ; or | | |
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| (10) The Authority shall comply with any direction issued to it under subsection (9). |
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| (11) An applicant or licensee dissatisfied with a decision of the Secretary disallowing, under subsection (9), as appeal made to such Secretary under subsection (8), may appeal from such decision of the Secretary, to the Supreme Court, within thirty days of the date on which such decision is communicated to him. |
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| (12) The relevant provisions of the Supreme Courts Rules shall apply to an appeal preferred under subsection (11). |
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| (13) Supreme Court may, on an appeal preferred to it under subsection (11)
| | (a) allow such appeal and direct the Authority to issue or renew the licence which is the subject of that appeal; or | | |
| | (b) disallow such appeal. | | |
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| (14) Every lease granted or deemed to have been granted by the State Gem Corporation of the right to mine or gem in any State land or in any land, which has been disposed of by the Corporation with a reservation of mining rights in favour of the State shall, if such lease is in force on the day immediately preceding the appointed date be deemed for all purpose to be a lease granted by the Authority: |
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Sri Lanka Consolidated Acts