Sri Lanka Consolidated Acts

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Paddy Marketing Board Act (No. 14 of 1971) - Sect 4

Exclusive right to purchase, sell, supply or transport or to carry on the business of hulling, milling or processing of paddy and rice vested in the Board

4.
(1) The Minister, after consultation with the Board, may, by Order published in the Gazette, declare that with effect from such date as shall be specified in that Order the right- shall, save as otherwise expressly provided by or under this Act, vest exclusively in the Board within such area as may be specified in such Order. Any such Order may be amended, varied or revoked by the Minister by a like Order.
(a) to purchase, sell, supply, transport or distribute paddy and rice;
(b) to carry on the business of hulling, milling or processing of paddy and rice,
(2) Any Order made under sub-section (1) may be made in respect of any or all the matters referred to in paragraph (a) or paragraph (6) or in both such paragraphs and may be made applicable to the whole or any part of Ceylon and the term " area " in subsection (1) shall be read and construed accordingly.
(3) So long as an Order made by the Minister under sub-section (1) is in force, no person, other than the Board, shall, save as otherwise expressly provided by or under this Act purchase, sell, supply, transport or distribute or carry on the business of hulling, milling or processing of paddy and rice within the area specified in that Order.
(4) No person shall be entitled to compensation for any loss incurred by him whether directly or indirectly or by loss of business or otherwise by reason of the coming into operation of an Order under sub-section (1)
(5) The purchase, sale, supply, transport, distribution, hulling, milling or processing of paddy and rice by any person shall be deemed not to be- if, but only if, it is done under the written authority of the Board under sub-section (6) or in the exercise or performance of any power or function or the discharge of any duty under the Food Control Act.
(a) an interference with or in violation of the exclusive right vested in the Board by sub-section (1), or
(b) a contravention of the provisions of sub-section (3),
(6)
(a)
(i) The Board may authorize any society registered under the Co-operative Societies Ordinance or a Cultivation Committee constituted under the Paddy Lands Act, No. 1 of 1958, or any officer of the Government who is not an officer of the Department of Agrarian Services or a person or body of persons (corporate or unincorporate) to purchase paddy.
(ii) The Board may authorize the Commissioner of Agrarian Services or any officer of the Department of Agrarian Services authorized by such Commissioner to purchase paddy on behalf of the Board.
(iii) The Commissioner, an officer of the Department of Agrarian Services or the society or the Cultivation Committee or the Government officer other than the officer of the Department of Agrarian Services or the person or body of persons referred to in the preceding sub-paragraphs (i) and (ii) shall hereinafter be called the " authorized purchaser ".
(b) The Board may authorize any authorized purchaser to sell, supply, transport, distribute or carry on the business of hulling, milling or processing of paddy and rice.
(7) Where any authority has been granted under section 5 of the Agricultural Products (Guaranteed Prices and Control of Hulling and Milling) Act, No. 33 of 1961, to the Commissioner or any officers of the Department of Agrarian Services or to a society registered under the Co-operative Societies Ordinance or to any officer of Government, for the purchase of any scheduled agricultural product, then, so far as and so far only as that authority relates to the purchase of paddy within any area specified in an Order under sub-section (1), such authority shall be deemed to be authority granted by the Board under the provisions of this Act.


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