Licensing Of Shipping Agents (Amendment)



Licensing Of Shipping Agents (Amendment)
AN ACT TO AMEND THE LICENSING or SHIPPING AGENTS ACT, No. 10 OF 1972.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[27th February
, 1981
]
Short title.

1. This Act may be cited as the Licensing of Shipping Agents (Amendment) Act, No. 9 of 1981.

Repeal of section 2 of Act No. 10 of 1972.

2. Section 2 of the Licensing of Shipping Agents Act, No. 10 of 1972 (hereinafter referred to as the ” principal enactment”) is hereby repealed.

Amendment of section 3 of the principal enactment.

3. Section 3 of the principal enactment is hereby amended as follows:

(1) by the insertion, immediately after subsection (1) of that section, of the following new subsections :

” (1A) Any person intending to carry on the business of Shipping Agent shall make an application to the appropriate authority in such form as may be prescribed specifying the owner, principal, charterer or master, as the case may be, on behalf of whom he intends to carry on such business as Shipping Agent.

(1AA) Where the appropriate authority approves an application made under subsection (1A), he may issue a licence to the applicant specifying the owner, principal, charterer or master, as the case may be, on behalf of whom the applicant may carry on the business of Shipping Agent: Provided, however, that he may refuse to issue a licence to any applicant only where

(a) the applicant does not possess the qualifications prescribed for the proper carrying on of the business of a Shipping Agent; or

(b) the provisions of this Act or the regulations made thereunder have not been complied with. “;

(2) in subsection (2) of that section, by the omission of paragraph (b) and the substitution therefor of the following new paragraph :

” (b) to any body corporate, except the Ceylon Shipping Corporation established under Act No. 11 of 1971, unless it has been or is formed and registered under the Companies Ordinance ; or ” ; and

(3) in subsection (5) of that section

(a) by the omission of paragraphs (a) and (b) and the substitution therefor of the following new paragraphs :

” (a) subject to the provisions of this Act, the qualifications required of any persons applying for a licence under this Act;

(b) the period for which and the terms and conditions subject to which, licences may be granted ; ” ; and

(b) by the insertion, immediately after paragraph (b) of that subsection, of the following new paragraph:

” (bb) the circumstances in which applications for the transfer of a Shipping Agent may be made by an owner, principal, charterer or master and the manner in which such applications may be disposed of ;”.