Sri Lanka Consolidated Acts

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Sri Lanka Ports Authority (Amendment) Act (No. 7 of 1984) - Sect 27

Insertion of new sections 71 A, 71B, 71C and 71D, in the principal enactment, [ 27, 7 of 1984]

27. The following new sections are hereby inserted immediately after section 71 of the principal enactment, and shall and have effect as sections 71 A, 71B, 71C and 71D, of that enactment:
71A.
(1) It shall be lawful for any member of the ports security service to detain within the area of the Ports Authority
(a) any person who commits an offence under this Act or any regulation or rule made thereunder;
(b) any person against whom reasonable suspicion exists that he is about to commit or is guilty of an offence;
(c) any person against whom reasonable suspicion exists that he has aided or abetted the commission of any offence under this Act or any regulation or rule made thereunder;
(d) any person having in his custody or possession without lawful excuse any instrument for housebreaking or being armed with any dangerous or offensive weapon or any document that could be used for the unauthorized removal of any cargo which is in the custody or possession of the Ports Authority ;
(e) any person in possession of goods reasonably suspected to be the property stolen or fraudulently obtained and who may reasonably be suspected to have committed an offence under this Act or any regulation or rule made thereunder:
(f) any person who is committing an offence within the premises or area of the Ports Authority or being an offence in respect of which a person may be arrested without a warrant, within the meaning of section 32 of the Code of Criminal Procedure Act;
(g) any person who is committing theft of, or damage to, any property belonging to or in the possession of the Ports Authority;
(h) any person who is found within the premises or area of the Ports Authority in circumstances which provide reason to believe that such person has committed or is about to commit theft of, or damage to. any property belonging to or in the possession of the Ports Authority; or
(i) any person found taking precaution to conceal his presence.
(2) Any person detained under subsection (1) shall, unless released, be forthwith handed over to the nearest police station to be dealt with according to law.
(3) It shall be lawful for any officer of the ports security service to search any person or his belongings or any conveyance within the premises of the Ports Authority whom he has reason to believe to be the person who has committed an offence or is about to commit an offence:
71B. It shall be the duty of every member of the ports security service -
(a) to protect and safeguard the property of the Ports Authority and ensure the safety of navigation in any specified port;
(b) to use his best endeavours and ability to prevent all crime, offences, breaches of law and nuisance affecting the property of the Ports Authority;
(c) to apprehend disorderly and suspicious persons within the premises or area of the Ports Authority;
(d) to do any other thing which is necessary or which is required or ordered to protect and safeguard the property of the Ports Authority.
71C. In all cases of fire or any other calamity occurring within the Ports Authority, every member of the ports security service on duty within such premises, shall take steps to protect the persons and property endangered thereby.
71D. It shall not be lawful for any member of the ports security service to resort to strike action.


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