Insertion of new Part IVA in the principal enactment.
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6. The following new Part is hereby inserted immediately after Part IV of the principal enactment and shall have effect as Part IVA of that enactment:
ISSUE OF LICENCES AND REGISTRATION |
Prohibition on the possession and use of television receiving sets.
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16A. (1) On or after the relevant date no person shall possess or use any television receiving set except under the authority of a licence issued in that behalf by the Corporation.
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(2) The requirements of subsection (1) shall not apply
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(a) to the possession and use of a television receiving set by any person at a school, a Higher Educational Institution or other institution which the Minister may specify by Order published in the Gazette, for the purposes of this section, having regard to the fact that social or educational studies of benefit to the community are being carried on at such institution;
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(b) to the possession and use of a television receiving set by any importer, seller, manufacturer or an assembler of television receiving sets who is registered and holds a Certificate of Registration issued under section 16M of this Act, in the course of his business as such importer, seller, manufacturer or assembler;
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(c) to the possession and use of a television receiving set by a repairer of television receiving sets in the course of his business as such repairer;
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(d) to the use by any person, of a television receiving set with the permission, express or implied, or on the instruction, of the holder of a licence issued under this Part in respect of that set and at the premises specified in the licence ;
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(e) to the possession and use of a television receiving set by any person employed in the Corporation or in. any other private television broadcasting station established and maintained under a licence issued by the Minister, under section 28 for the purposes of that Corporation or that station;
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(3) (a) Where the Minister considers that several television, receiving sets are likely to be used in any category of premises he may, by Order published in the Gazette, declare that the provisions of this section shall apply in respect of that category of premises.
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(b) The owner of any premises included in a category of premises to which this section applies, may in. lieu of applying for a licence in respect of every television set installed in such premises, apply for a licence in respect of these premises. Every application made under this subsection shall be ac companied by the prescribed fee. Different fees may be prescribed in respect of different categories of premises, having regard to the number of television receiving sets likely to be used in that category of premises.
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(c) The provisions of sections 16C, 16D 16E and 18F shall, mutatis mutandis, apply to and in relation to, the application for issue and renewal of, licences issued under sub section (2).
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(d) Where a licence issued under this section in respect of any premises is in force, the possession and use of a television receiving set by any person on such premises shall be deemed to be under the authority of a licence issued under section 16C.
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For the purposes of this section " Higher Educational Institution'' shall have the same meaning as in the Universities Act, No. 16 of 1978.
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Right of persons who were possessing and using television receiving sets prior to the relevant date.
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16B. Notwithstanding the provisions of section 16A, any person who immediately prior to the relevant date was having in his possession a television receiving set, shall be entitled to possess and use such television receiving set, without a licence in that behalf ' for a period of three months commencing from the relevant date.
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Issue of a
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16C. (1) The Corporation or any agent shall, on application made therefor, in such form as may be prescribed, containing the prescribed particulars, and on payment of the prescribed fee, issue a licence in respect of a television receiving set, authorizing the applicant to possess and use such television receiving set.
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(2) Every application for a licence in respect of any television receiving set under this Part, shall be made to the Corporation or to any agent, in the prescribed form and contain the prescribed particulars.
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(3) Every licence issued under this Part shall be
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(a) in such form as may be prescribed ;
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(b) valid for a period of one year; and
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(c) renewable after the expiration of the period specified in the licence.
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Terms and conditions of the licence.
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16D. Every licence issued in respect of any television receiving set under this Part shall be subject to such terms and conditions as may be prescribed with regard to the use and transfer of that licence.
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Any change in particulars in the application to be informed.
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16E. Every holder of a licence shall, within thirty days of any change in the particulars to in his application for a licence issued under this Part, inform, the Corporation or any agent in writing of such change.
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Renewal of license.
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16F. (1) The Corporation or any agent may, on application made therefor, in such form as may be prescribed, and on payment of the prescribed fee renew any licence, issued under section 16C, and the licence which is renewed shall be valid for a period of one year from the date specified therein.
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(2) Every application for a renewal of a licence under this Part, shall be made, to the Corporation or any agent in the prescribed form within three months of the date of expiry specified therein.
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Corporation to pay part of licence fees to any State controlled television broadcasting station.
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16G. Such part of the fees received by the Corporation each year, for the issue and renewal of television licences as remains after payment into the Fund of the Corporation, of the sums referred to in paragraph (d) of subsection (1) of section 13 shall be paid by the Corporation to any other television broadcasting station vested in the State.
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Penalty, for possessing or using a television receiving set without the television receiving set being licenced and for contraversion of terms and conditions of a licence.
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16H. (1) Any person-
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(a) who possesses or uses a television receiving set without a licence in that behalf, issued under this Part, or
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(b) who acts in contravention of, or fails to comply with any term, or condition of, a licence issued under this Part
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shall be guilty of an affence under this Act, and shall on conviction after summary trial, before a Magistrate be liable to a fine not exceeding two thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.
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(2) The Magistrate may, on conviction of any person of any offence under subsection (1), in addition to any punishment which he may impose under that subsection make order that-
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(a) the licence, if any, issued under this Part in respect of the television receiving set in connection with which the offence is committed he cancelled; and
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(b) any television receiving set in connection with which the offence is committed or which was used in or in connection with the commission of the offence be forfeited to the State.
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(3) Any television receiving set forfeited under subsection (2) shall upon such forfeiture vest absolutely in. the State. Such vesting shall take effect-
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(a) after the expiration of the period within which an appeal may be preferred to the Court of Appeal against the order of the Magistrate ; or
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(b) where an appeal has been preferred to the Court of Appeal against the order of the Magistrate, upon the determination of such appeal, confirming or upholding the order of forfeiture.
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Surcharge where licence fee has not been paid.
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16J. Where any person applies to the Corporation or any agent for the renewal of a licence issued under section 16c after the date of expiry specified in such licence, the Corporation or such agent may renew such licence, subject to the payment by the applicant, of a surcharge at the prescribed rate, so however the maximum rate so prescribed shall not exceed ten per cent of the fee so payable for the renewal of such licence.
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Prohibition on carrying on the business of importing, selling &c, of television receiving sets, without Certificate of Registration.
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16K. (1) On or after the relevant date, no person shall carry on the business of importing, selling, manufacturing, or assembling any television receiving set, except under the authority of a Certificate of Registration issued in that behalf by the Corporation.
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(2) The requirements of subsection (1) shall not apply to the import, sale, manufacture or assembling of a television receiving set by any person who has been issued a licence to establish and maintain a television broadcasting station under section 28.
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Persons who were carrying on business before the relevant date.
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16L. Notwithstanding the provision of section 16k a person who immediately prior to the relevant date was carrying on the business of importing, selling, manufacturing or assembling, any television receiving set, shall be entitled to carry on such business without a Certificate of Registration issued under this Part for a period of three months commencing from the relevant date.
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Registration of persons carrying on business of importing &c., of television receiving sets.
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16M. The Corporation shall-
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(a) on application made therefor, in such form as may be prescribed, together with a certified copy of the Certificate of Registration, issued under the Business Names Ordinance (Chapter 149) relating to the business, in connection with which the application is made; and
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(b) on payment of the prescribed fee register any person with the Corporation and issue to such person a Certificate of Registration, authorizing person to carry on the business of importing, selling, manufacturing . or assembling television receiving sets in connection with which the application is made.
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Application for registration.
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16N. Every application for registration under this Part shall be made to the Corporation in such form as may be prescribed containing the prescribed particulars, together with a certified copy of the Certificate of Registration issued under the Business Names Ordinance (Chapter 149) relating to the business in connection with which the application is made.
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Terms and conditions of the Certificate of Registration.
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16P. Every Certificate of Registration issued under this Part shall be subject to the terms and conditions set out m the Schedule hereto.
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Penalty for carrying on business of importing, selling &c,. of television receiving set without a Certificate of Registration and contravention of terms and conditions of the Certificate of Registration.
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16Q. (1) Any person who-
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(a) carries on the business of importing, selling manufacturing or assembling television receiving sets without a Certificate of Registration issued in that behalf, or
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(b) acts in contravention of, or fails to comply with any terms or conditions of a Certificate of Registration issued under this Part
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shall be guilty of an offence and shall on conviction after summary trial before Magistrate be liable to a fine not exceeding seven thousand five hundred rupees and to imprisonment for a term not exceeding eighteen months or to both such fine and imprisonment.
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(2) The Magistrate on conviction of any person for any offence under subsection (1), may. in addition to any punishment he may impose under that subsection, having regard to the gravity of the offence make order.
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(a) suspending, for a period to be specified in such order, the Certificate of Registration in connection with which the offence is committed; or
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(b) cancelling such Certificate of Registration.
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Liability of certain persons in respect of offences committed by bodies . corporate or unincorporate.
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16R. Where an offence under this Part is committed by a body of persons, then-
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(a) if that body of persons is a body corporate, every person who at the time of the commission of the offence was a Director, General Manager, Secretary or other similar officer of that body corporate; or
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(b) if that body of persons is a firm, every person who at the time of the commission of the offence was a partner of that firm,
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shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or connivance and that he exercised all such deligence to prevent the commission of the offence as he ought to have exercised having ' regard to the nature of his functions in all circumstances.
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