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Short title and duration.
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1. This Ordinance may be cited as the Essential Commodities Reserves Ordinance, and shall continue in force until the Minister by Order published in the Gazette declare that it shall cease to be in operation.
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Scheduled commodities
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2.
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(1) The Schedule describing the commodities which may be declared to be essential commodities for the purposes of this Ordinance may, by regulation, be amended or varied by the addition, thereto of any specified commodity or class of commodities.
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(2) Any commodity described or specified in the Schedule for the time being in force is hereinafter referred to as a scheduled commodity
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Essential commodities.
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3. The Minister may, by Order published in the Gazette, declare that any scheduled commodity shall be an essential commodity for the purposes of this Ordinance, if he is satisfied that such commodity would be essential for the vital needs of the community in the event of war or other public emergency.
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Provision of stocks and reserves of essential commodities.
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4. Adequate stocks and reserves of essential commodities shall be provided and maintained for the supply of the needs of the community in the event of war or other public emergency ; and it shall be the duty of the Controller to make all such arrangements and to take all such steps as may be necessary to secure that such stocks and reserves shall be available in any such contingency.
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Purchase of essential commodities by Government.
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5. The Controller is hereby authorized, in consultation with the Treasury, and with the approval of the Minister, to make all such arrangements as may be necessary for the purchase of such quantities of any essential commodity as may be required in Ceylon at any time. Such purchases may be made either within or outside Ceylon as the Controller in his discretion may decide ; and payment therefor shall be made out of such moneys as may be provided for the purpose.
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Registration of importers and stores.
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6.
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(1) The Controller shall keep a register of importers of every essential commodity.
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(2) Where any scheduled commodity has been declared to be an essential commodity by Order under section 3, the Controller shall cause to be published in the Gazette and in at least two newspapers circulating in Ceylon a notice requiring all importers of that commodity to register themselves and the premises, if any, at which their stocks are kept, before a date specified in such notice.
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(3) Any person who at any time after the date specified in the notice published under subsection (2) makes application to the Controller in that behalf may be registered as an importer of an essential commodity.
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(4) Every application for registration shall be made to the Controller in the prescribed form. No charge shall be made for the registration of any importer or of the premises (hereinafter referred to as the ” registered store “) at which he keeps his stocks of the essential commodity which he imports.
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(5) The Controller may by order refuse to register any person who applies for registration as an importer and shall in such order state the reasons for such refusal. An appeal shall lie to the Minister from any such refusal and the decision of the Minister upon such appeal shall be final.
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Permits to import essential commodities.
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7.
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(1) The Controller shall, upon the registration of any person as an importer of an essential commodity, issue to that person a permit to import that commodity. Every such permit shall be in force for the period specified therein..
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(2) For the purpose of securing the provision of adequate stocks and reserves of any essential commodity, the Controller may insert in any permit issued to any importer in respect of that commodity a condition that the importer-
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(a) shall import a specified quantity of that com- modify within a specified period ; and
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(b) shall, at all times after a date specified in the permit, keep at his registered store a specified reserve of that commodity.
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(3) The date and the quantities referred to in sub section (2) may be specified by the Controller in his discretion.
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(4) The Controller may also require as a condition precedent to the grant of a permit that any importer shall furnish such security as the Controller may approve to secure the due observance of the conditions on which the permit is issued.
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(5) Regulations may be made for the issue of permits to import essential commodities in cases to which the provisions of this section do not apply.
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Permit necessary to authorize importation
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8. No person shall, on or after the date specified in the notice published under section 6 (2) in respect of any essential commodity, import any quantity of that commodity unless he is the holder of a permit issued under this Ordinance authorizing the importation of that commodity.
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Holder of permit to comply with conditions.
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9. An importer to whom any permit has been issued under this Ordinance, authorizing the importation of any essential commodity subject to conditions inserted in such permit, shall import within the time specified therein a quantity of that commodity which shall not be less than the quantity specified in the permit, and shall at all times after the date specified in the permit, while that permit is in force, keep at his registered store the specified reserve of that commodity :
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Provided that no person shall be deemed to have acted in contravention of the provisions of this section if his failure to comply therewith is proved to be attributable to causes beyond his control.
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Books, registers, & c.
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10. Every registered importer of any essential commodity shall keep and maintain such books or registers as may be prescribed and shall enter or cause to be entered therein the prescribed particulars with respect to his business as an importer of that commodity. Every such book or register shall be made available for inspection by the Controller or any person authorized by him.
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Cancellation of registration and permits
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11. The Controller may at any time by order cancel the registration and the permit of any importer who has contravened any provision of this Ordinance or of any regulation. An appeal shall lie to the Minister against any order of cancellation made by the Controller ; and the decision of the Minister upon any such appeal shall be final.
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Powers of entry and examination.
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12. The Controller or any person authorized by him may at any reasonable time during the day enter any granary, warehouse, shop, store or other premises in which stocks or reserves of any essential commodity are kept or required under this Ordinance to be kept, and may make such examination therein as he may deem necessary. In this section, ” examination” includes the weighing and measuring of any stocks or reserves.
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Power to obtain information.
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13. The Controller may, by notice served on any trader or importer concerned with any scheduled commodity or essential commodity, require him to make periodical and other returns at such times and containing such particulars as may be specified in the notice, as to the stocks of the commodity from time to time held by him and as to the facilities available for storing and for utilizing stocks of the commodity.
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Offences and penalties.
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14.
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(1) Any person who acts in contravention of the provisions of section 8 or section 9 shall be guilty of an offence 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 court which convicts any person of the offence of having imported any quantity of an essential commodity in contravention of the provisions of section 8 may, in addition to any other punishment which it may impose for that offence, order that the whole or any part of such quantity shall be forfeited to the State.
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(3) The court which convicts any registered importer of the offence of contravening the provisions of section 9 may, in addition to any other punishment which it may impose for that offence, make order cancelling the registration of that importer and the permit issued to him.
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(4) Any person who-
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(a) fails or refuses to furnish any return required to be furnished under this Ordinance ; or
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(b) makes in any return or other document furnished under this Ordinance any statement which is false in any material particular; or
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(c) resists or obstructs the Controller or any other person in the exercise of the powers conferred the Controller or such other person by or under this Ordinance,
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shall be guilty of an offence and shall be liable to a fine not exceeding one hundred rupees, or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment.
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Power of prosecutions and offences.
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15.
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(1) Notwithstanding anything in the Code of Criminal Procedure –
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(a) no prosecution shall be instituted against any person for any offence except by the Con- trailer or with his written sanction ;
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(b) where the Controller has reasonable grounds for believing that any person has committed an offence, he may, if he thinks fit, compound such offence instead of instituting a prosecution against that person for that offence;
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(c) where a prosecution has been instituted against any person for any offence, the Controller may, at any time before the Magistrate has recorded his verdict, compound that offence and withdraw the prosecution.
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(2) Where an offence is compounded under sub section (1), the Controller may accept from the offender such sum of money as the Controller may deem appropriate for the composition of that offence ; and any sum so accepted shall be credited to the Consolidated Fund.
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(3) Save as provided in subsections (1) and (2), the provisions of the Code of Criminal Procedure shall apply in respect of any offence or the prosecution of any person therefor.
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(4) In this section, offence” means an offence under this Ordinance.
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Regulations.
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16.
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(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.
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(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters :-
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(a) all matters stated or required in this Ordinance to be prescribed;
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(b) the matters referred to in section 7 (5);
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(c) the letting, occupation and use, for the storage of stocks or reserves of essential commodities, of any granary, warehouse or other premises belonging to the State;
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(d) the storage of stocks or reserves of essential commodities in private premises ;
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(e) the sale or disposal of stocks or reserves of essential commodities purchased by the Controller, or of any quantity of an essential commodity forfeited to the State under this Ordinance;
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(f) the issue and form of permits to import essential commodities, the conditions to be attached thereto and the period for which such permits shall be in force ;
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(g) appeals to the Minister under this Ordinance, the time within which such appeals must be preferred and the fees to be paid for such appeals;
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(h) the registration of importers of essential commodities and of the stores of such importers ;
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(i) the form of books and registers to be kept by registered importers, the particulars to be entered therein, and the forms of all returns and declarations required to be made for the purposes of this Ordinance ;
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(j) all matters incidental to or connected with the matters specifically referred to in this subsection.
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(3) Every regulation made by the Minister shall be published in the Gazette and shall come into operation upon such publication.
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(4) Every regulation made by the Minister shall, as soon as may be after the publication thereof, be brought before Parliament by a motion that such regulation be approved.
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(5) Any regulation which Parliament refuses to approve shall be deemed to be rescinded with effect from the date of such refusal, but without prejudice to the validity of anything previously done thereunder. Notification of the date of such refusal shall be published in the Gazette.
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(6) Every regulation which has been approved by Parliament shall, upon notification in the Gazette of such approval be as valid and effectual as though it were herein enacted.
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Appointment of officers.
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17.
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(1) There may be appointed such number of persons as may be necessary, by name or by office, to be Deputy Controllers or Assistant Controllers for the purposes of this Ordinance.
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(2) The Controller may authorize any Deputy or Assistant Controller to exercise and perform any power or duty conferred or imposed upon the Controller by or under this Ordinance.
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18. In this Ordinance, unless the context otherwise requires-
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” Controller ” means the person for the time being appointed to be or to act as Food Controller for the purposes of the Food Control Act;
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” essential commodity” means any scheduled commodity declared by the Minister under section 3 to be an essential commodity for the purposes of this Ordinance ;
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” food ” has the same meaning as in the Food Control Act:
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“importer” means any person who imports any essential commodity into Ceylon and includes-
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(a) any person who, within Ceylon, enters into a contract with any person outside Ceylon for the importation of any essential commodity into Ceylon; and
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(b) any person who under the Customs Ordinance delivers to the Collector as defined in that Ordinance a bill of entry in respect of the importation into Ceylon of any quantity of any essential commodity, or who (otherwise than as agent for an importer) takes or is entitled to take delivery of any quantity of any essential commodity imported into Ceylon in pursuance of any contract entered into by some other person ;
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” permit” means a permit authorizing the importation into Ceylon of any essential commodity ;
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” prescribed ” means prescribed by regulation ;
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” registered ” means registered under this Ordinance .:
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” regulation” means a regulation made by the Minister under section 16 ;
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” scheduled commodity” means any commodity described or specified in the Schedule for the time being in force ;
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” trader “, when used with reference to any scheduled commodity or any essential commodity, means any person who for the purpose of any trade or business carried on by him (whether as producer, wholesale or retail dealer, warehouseman or merchant) holds from time to time a stock of that commodity.
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Savings.
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19. The provisions of this Ordinance shall be in addition to and not in substitution or derogation of the provisions of the Food Control Act or of any other written law relating to the importation or storage of any essential commodity.
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