PAWNBROKERS STATUTE, NO. 03 OF 2001.

Provincial Council Notifications

WESTERN PROVINCE

PAWNBROKERS’ STATUTE

No. 1198-32 – Thursday,August 23,2001

A Statute to provide for the regulation of the business of Pawnbrokers and for other matters incidental thereto or connected therewith. The provisions of this Statute are inconsistent with the Pawnbrokers Ordinance, No. 13 of 1942.

Be it passed by the Provincial Council of Western Province in the Democratic Socialist Republic of Sri Lanka.

Part IGENERAL

Short Title

1. This Statute may be cited as the Pawnbrokers’ Statute, No. 03 of 2001. of the Provincial Council of the Western Province and shall come into operation on the date of the Governor shall assent to the Statute.

Part IIDUTIES OF PAWNBROKERS

Certain persons prohibited from carrying on the business of Pawnbrokers.

2. On or after the appointed date, no person shall carry on the business of a pawnbroker if such person:-

(i) is an individual who is not a citizen of Sri Lanka; or

(ii) is a foreign company ; or

(iii) is a foreign firm,

and accordingly any licence to carry on such business which was issued to any such individual, foreign company or foreign firm and was in force on the day immediately prior to the appointed date shall, on and after the said day be deemed for all purposes, to be null and void.

Pawnbroker’s licence.

(1) No person shall carry on the business of a Pawnbroker unless he is the holder of a licence issued in that behalf by the Provincial Council.

(2) Every licence issued under this section shall in the Form A set out in the First Schedule hereto.

(3) Every licence shall be dated on the day on which it is issued, and shall expire on the 31st December, next ensuing.

Transfer of business without prior approval of the chief Secretary to be void.

4. The holder of a licence under section 3 shall not transfer the business to which such licence relates, to any other person without the prior approval in writing of the Chief Secretary and a transfer of such business without such prior approval shall for all purposes be null and void.

Copies of licence to be sent to Superintendent of Police.

5. The Chief Secretary shall forward a copy of each licence issued under section 3 to the Superintendent of Police who is in charge of the area within which the business to which such licence relates, is carried on.

Application for licence.

(1) Every person desirous of obtaining a licence for carrying on the business of a pawnbroker shall make application in that behalf to the Chief Secretary of the Province.

(2) Every application for a licence shall be accompanied by a licence fee of Rs. 25000 and the annual licence fee shall be Rs. 1000.

(3) The licence fee referred to in Section 6 (2) shall be amended from time to time by the Minister in charge of the subject of finance by a notification published in the Government Gazette.

Persons entitled to a licence.

7. No person shall be entitled to a licence for carrying on the business of a pawnbroker unless he produces to the Chief Secretary affidavit that he has at any time not been found guilty of any offence punishable under the law or he has not committed any unlawful act.

Issue of licence to certain persons prohibited.

8. On or after the appointed date no licence for carrying on the business of a pawnbroker shall be issued to any person who is prohibited from carrying on such business by virtue of the operation of the provisions of section 2, and accordingly any such licence issued to any such person, whether by inadvertence or otherwise, shall be deemed, for all purposes, to be null and void.

Refusal for the issue of licences.

(1) No license for carrying on the business of a pawnbroker shall be issued to any person if –

(a) at any time during the five years immediately preceding the date on which he makes his application for such license, he has been found guilty of any act rendered punishable under Chapters XI, XIII, XVII or XVIII of the Penal Code, or under the Provisions of this Statute; or

(b) a licence issued to him under this Statute or the ordinance has been cancelled under section 45 of this Statutes or under section 42 of the ordinance.

(c) if there is a person whose name is gazetted in the Government Gazette who has been convicted of every offence committed under this Statute as per section 45 (2).

(d) a person not submitting an Annual Accounts statement as per section 46 (a).

(2) Where the holder of a licence issued under section 3 makes an application for a renewal of such licence, the Chief Secretary may refuse to renew such licence, if he is of the opinion that such holder has during any period preceding such application, and in relation to his business as a pawnbroker, dealt in practices which are contrary to the spirit and the purposes of the provisions of this Statute. That person shall be informed within 30 days of reasons for such actions.

auctioneers not entitled licence.

10. No licence for carrying on the business of a pawnbroker shall be issued to any person who is an auctioneer.

security to be furnished before license is issued.

11. No license for carrying on the business of a pawnbroker shall be issued to any person unless he furnishes security in cash in Rs. 100,000.

Notice of pawnbroker’s absence from Sri Lanka.

12. Every pawnbroker who intends to be absent from Sri Lanka for any period exceeding three months shall –

(a) give written notice of such intention to the Chief Secretary; and

(b) appoint a person (being a person entitled under this Statute to a licence for carrying on the business of a Pawnbroker) to act for him and on his behalf during his absence from Sri Lanka, and give to the Chief Secretary written notice of the name of the person so appointed.

Hours of business.

13. No pawnbroker shall take any article on pawn 13. No pawnbroker shall take any article on pawn before 8 a.m. or after 8 p.m. on any day.

Pawnbroker not to act as auctioneer.

14. No pawnbroker shall act as or carry on the business of an auctioneer.

Notices to be exhibited by pawnbroker.

15. Every pawnbroker shall –

(a) always keep exhibited in large characters over the outer door of his shop or place of business his name with the word “pawnbroker” in Sinhala, Tamil and English; and

(b) always keep exhibited in a conspicuous part of his shop or place of business so as to be clearly visible to and legible by every person resorting thereto a notice containing in Sinhala, Tamil and English the particulars set out in the Second Schedule.

Language to be used in entering particulars.

16. Where any particulars are required by this Statute to be entered in any book, form or document, such particulars shall be entered in such book, form or document Sinhala, Tamil or English.

Books to be kept by pawnbrokers.

17. Every pawnbroker shall keep and use in his business a pledge book in the Form B and a sale book of pledges in the Form C set out in the First Schedule, and shall from time to time, as occasion demands, enter therein in a fair and legible manner all the particulars and shall make all inquiries necessary for that purpose.

Pawn Tickets.

18.

(1) Every pawn ticket shall be executed in foil and counterfoil in the form D set out in the First Schedule and in accordance with the directions contained in that form.

(2) The particulars in the Second Schedule shall be printed legibly in Sinhala, Tamil and English on the reverse of the foil of every pawn ticket.

(3) Where a pledge is pawned for one hundred rupees or over, the foil of the pawn ticket relating to that pledge shall bear requisite stamps to the value of the pledge. The expenses for providing such stamp shall be borne by the pawnbroker.

(4) No article shall be or be deemed to be taken in pawn unless and until –

(a) the pawner has signed the counterfoil of the pawn ticket;

(b) The pawnbroker has signed the foil of the pawn ticket and has given the foil to the pawner; and

Rate of interest.

19. No pawnbroker shall, in respect of a loan on a pledge, charge interest at a rate exceeding the rates specified in the Third Schedule.

Provided that where turnover tax or any other relevant tax is payable in respect of a loan given on a pledge, nothing in the preceding provisions of this section shall be deemed to prohibit the pawnbrokers from recovering such tax from the pawner.

In this section “pledge” includes a pledge which has been pawned and which has not been redeemed before the appointed date.

Part IIIPLEDGES

Pledges redeemable within one year.

20. Every pledge shall be redeemed within a period of twelve months (hereinafter in this Statute referred to as the “period of redemption”) from the day of pawning, exclusive of that day.

Pledges to continue to be redeemable sale.

21. Notwithstanding anything in this Statute to the contrary, every pledge shall continue to be redeemable until it is disposed of as in this Statute provided, although the period of redemption has expired.

Procedure for redemption of pledge.

22.

(1) The pawner shall be entitled to redeem a pledge if he surrenders to the pawnbroker the foil of the pawn ticket relating to that pledge and signs the foil in the presence of the pawnbroker or his agent or servant and identifies himself.

(2) A person other than the pawner shall be entitled to redeem a pledge if such person surrenders to the pawnbroker the foil of the pawn ticket relating to that pledge duly endorsed with the signature of the pawner and if such person signs that foil in the presence of the pawnbroker or his agent or servant and identifies himself.

(3) Where by reason of the death or legal disability of the pawner, the holder of the foil of the pawn ticket relating to that pledge (hereinafter in this section referred to as the “Holder”) claim to be entitled to redeem that pledge but is unable to surrender to the pawnbroker the foil of the pawn ticket duly endorsed with the signature of the pawner, the pawnbroker shall permit the pledge to be redeemed if such holder surrenders to him the foil of the pawn ticker relating to that pledge together with a declaration in the form E set out in the First Schedule, duly made before a Justice of the Peace by such holder and by the person identifying him.

(4) Subject to the provisions of subsections (1), (2) and (3) the pawnbroker shall, on payment of the loan, the interest due thereon, and the turnover tax or any other relevant tax, if any payable in respect of such loan, deliver the pledge to the pawner or holder, as the case may be, who produces the foil of the pawn ticket relating to that pledge; the pawnbroker is hereby indemnified in respect of such delivery of the pledge.

Provided, however, that if the pawnbroker has reason to suspect that such holder has sold or otherwise illegally obtained possession of the pawn ticket, the pawnbroker may seize and detain the person and the ticket and deliver them as soon as may be to an officer of police or Grama Niladhari, who shall forthwith convey the person and the ticket before a court of competent jurisdiction to be dealt with according to law.

Compensation for appreciation of the pledge.

23. If a person entitled and offering to redeem a pledge statistics a civil court of competent jurisdiction that the pledge has become or has rendered, of less value than it was at the time of the pawning thereof, by or through the default, neglect, or willful misbehavior of the pawnbroker, the court may, if it thinks fit, award a reasonable compensation to the satisfaction of the owner of the pledge, and the amount awarded shall be deducted from the amount payable to the pawnbroker in such manner as the court directs.

Protection of pawners not having own tickets.

24.

(1) Any person claiming to be the owner of a pledge, but not holding the foil of the pawn ticket, or any person claiming to be entitled to hold the foil of the pawn ticket, but alleging that the foil of such ticket has been lost, stolen, mislaid, destroyed, or fraudulently obtained from him, may deliver to the pawnbroker a declaration in the form F set out in the First Schedule, duly made before a Justice of the Peace by himself and by the person identifying him and shall thereupon have, as between himself and the pawnbroker, all the same rights and remedies as if he produced the foil of the pawn ticket; provided that for the purpose of redeeming a pledge he shall sign the counterfoil of the pawn ticket and not the foil thereof as required by section 22.

(2) The pawnbroker is hereby indemnified for delivering the pledge or otherwise acting in conformity with the declaration, unless he has actual or constructive notice that the declaration is fraudulent or false in any material particular.

Pawn tickets to be retained by pawnbroker after redemption or sale of pledge.

25.

(1) Where the foil of a pawn ticket is surrendered to the pawnbroker for the purposes of redeeming a pledge, the pawnbroker shall retain in his possession the foil and counterfoil of that pawn ticket for a period of twenty four months reckoned from the date of the redemption of that pledge.

(2) Where a pledge is sold redeemed without the surrender of the foil of the pawn ticket relating to that pledge, a pawnbroker shall retain in his possession for a period of twenty four months reckoned from the date of the redemption of that pledge the counterfoil of the pawn ticket relating to that pledge and the declaration delivered to him under section 24 for the purpose of such redemption.

(3) Where a pledge is sold under the provisions of this Statute, the pawnbroker shall retain in his possession the counterfoil of the pawn ticket relating to that pledge for a period of twenty four months reckoned from the date of sale.

Application and return of security furnished by pawnbrokers.

26.

(1) Where in under any prescribed circumstance if any pledge is lost while in pawn with any pawnbroker, the security furnished by such pawnbroker shall be applied in the prescribed manner to the payment of compensation to the pawner or to any other person entitled to redeem such pledge.

(2) Consequent to the payment of compensation in terms of Sub-section (1) above, the pawnbroker shall once again furnish as security the shortfall in the security furnished. If the payment of the amount of compensation in terms of that sub-section exceeds the amount of security furnished, in that event, the person entitled to receive compensation shall be paid both the amount exceeded and the prescribed amount of security.

(3) Where a person ceases to carry, on the business of a pawnbroker the amount of the security furnished by him less any sum applied therefrom to the payment of such compensation as is referred to in sub-section (1) shall by returned to him.

Liability of pawnbroker in case of fire.

27.

(1) Where a pledge is destroyed or damaged by or in consequence of fire, the pawnbroker shall nevertheless be liable, on demand, within the period of redemption, to pay the value of the pledge, after deducting the amount of the loan and interest, and turnover tax, or any other relevant tax, if any payable in respect of such loan.

(2) Every pawnbroker shall have his business insured to the full extent of the value of the articles pawned with him.

Receipt of pawnbroker.

28. Every pawnbroker shall, at the time of redemption of the pledge give a receipt for the amount of loan and interest paid to him and the turnover tax or any other relevant tax, if any, recovered by him and preserve a copy of such receipt with the pledges book. Such receipt shall be in the Form G set out in the First Schedule and shall not be liable to stamp duty unless the interest and turnover tax, or any other relevant tax if any amounts to one hundred rupees or more.

Pledges to be sold by Auction.

29.

(1) Every pledge which is not redeemed within the period of redemption may be disposed of by sale by public auction but shall not be disposed of otherwise, and the regulations in the third Schedule shall be observed with reference to the sale.

(2) Where a pledge is to be sold by public auction under the preceding provisions of this section, the pawnbroker with whom such pledge had been pawned, shall notice the Chief Secretary in writing at least twenty one days prior to the sale, the date and time fixed for such sale, and the place at which such sale is to be held and shall obtain permission.

Notice of sale.

30. The pawnbroker shall give notice to every pawner whose pledge is to be sold under this Statute at least fourteen days prior to such sale of the date obtained from the Chief Secretary for sale of his pledge by public auction and of the place at which the sale is to be held.

Procedure at sale of pledge for more than the amount of the loan, interest and turnover tax or any other relevant tax.

31. In every case where a pledge is sold under this Statute for more than the amount of the loan and interest due on the date of the sale and the turnover tax, or any other relevant tax, if any payable in respect of such loan, the pawnbroker shall –

(a) forth-with give to the pawner of that pledge notice of the amount for which the pledge was sold and of the amount lying to the credit of the pawner after deducting the necessary costs and charges of the sale; and

(b) on demand made within one year from the date of such sale pay to the holder of the pawn ticket relating to that pledge the amount lying to the credit of the pawner; and

(c) if no such demand is made within the said period of one year, forth-with on the expiry of the said, deposit the amount lying to the credit of the pawner in the Provincial Council to the credit of the pawner.

Procedure on sale of pledge before the appointed date for more than the amount of loan and interest.

32. Where, at any time before the appointed date, any pledge pawned for above 100 rupees has been sold under the law then in force for more than the amount of the loan and interest due at the time of the sale, and no demand for the amount lying to the credit of the pawner is made to the pawnbroker by the holder of the pawn ticket relating to that pledge within one year after the date of such sale, then in every case where the said period of one year expires on or after the appointed date, the pawnbroker shall, forth-with on the expiry of the said period, deposit such amount in the Provincial Council to the credit of the pawner.

Method of giving notice under sections 29, 30, 31.

33. Every notice under Sections 29(2), 30 or 31 shall be sent by registered post to the pawner at the address in the pledge book and the cost of such registration shall be borne by the pawner.

Purchase of pledges by pawnbroker.

34. A pawnbroker may bid for and purchase at a sale by auction made or purporting to be made under this.

Part IVINSPECTION, EXAMINATION AND SEIZURE

Power to inspect sale in books.

35. At any time within two years from the date on which a pledge is sold under this Statute, the holder of the pawn ticket may inspect the entry of the sale in the pawnbroker’s book and in the filled up catalogue of the auction authenticated by the signature of the auctioneer, or in either of them ;

And the pawnbroker shall permit the holder of the pawn ticket to inspect the entry of the sale in such book and catalogue or in either of them.

Proceedings where persons offering articles in pawn do not give a good account of themselves.

36. Where any person-

(a) offers to a pawnbroker an article by way of pawn but refuses or is unable to give a satisfactory account of the means by which he became possessed of it; or

(b) willfully gives false information to a pawnbroker as to whether an article offered by him in pawn to the pawnbroker is his own property or not, or as to his name and address, or as to the name and address of the owner of the article; or

(d) offers to a pawnbroker an article by way of pawn and the pawnbroker has reason to suspect that it has been stolen or otherwise illegally obtained,

the pawnbroker may seize and detain the person and the article and deliver them, as soon as may be, into the custody of an officer of police or Grama Niladhari, who shall forthwith convey the person and the article before a court of competent jurisdiction to be dealt with according to law.

Pawnbroker’s Book subject to examination.

37. It shall be lawful for a Magistrate; by an order served on any pawnbroker, to require such pawnbroker to attend before him on a day and hour to be specified in the order, and to produce for examination all books and papers relating to his business and every pawnbroker on whom any order is served under this section shall comply with the requirements of such order.

Order to search pawnbroker’s shop or residence.

38. It shall be lawful for any officer of police not below the rank of Sub Inspector or any officer authorized in writing in that behalf by the Chief Secretary to enter any pawnbroker’s shop or place of business at any hour of the day and examine and take note of any article pledge with the pawnbroker, or any books and papers kept by him; and no person shall resist any such officer in the execution of his duty.

Part VOFFENCES AND PENALTIES

Offences by pawners and other persons.

39. Every person who –

(a) Offers to a pawnbroker an article by way of pawn but refuses or is unable to give a satisfactory account of the means by which he became possessed of it; or

(b) willfully gives false information to a pawnbroker as to whether an article offered by him in pawn to the pawnbroker is his own ;

(d) attempts or endeavours or redeem a pledge not being a person entitled to redeem such pledge ;

(e) without lawful excuse pawns with a pawnbroker anything being the property of another person ;

(f) makes a declaration under this Statute either for himself or as identifying another knowing such declaration to be false in any material particular; or

(g) contravenes any provision of this Statute or fails to do anything which he is required to do by this Statute

shall be guilty of an offence.

Offences by pawnbrokers.

40. Every pawnbroker who –

(a) takes an article in pawn from any person appearing to be under the age of sixteen years or to be intoxicated ; or

(b) take an article in pawn without giving the pawner the foil of the pawn ticket; or

(d) employs any servant under the age of eighteen years to take articles in pawn ; or

(e) purchases, except at a sale by public auction under this Statute, any pledge while in pawn with him ; or

(f) allows any pledge while in pawn with him to be redeemed with a view to his purchasing it; or

(g) agrees with any person, pawning or offering to pawn any article, to purchase, sell or dispose of such article within the period of redemption ; or

(h) sells or otherwise disposes of any pledge pawned with him, except at such time and in such manner as is authorized by this Statute;

(i) makes any false entry in any book required to be kept by him under this Statute or foils to make therein any entry which he is required to make by this Statute ; or

(j) seizes or detains any person under the provisions of section 22 or section 36 without reasonable or probable cause ; or

(k) fails to have his business insured in full to the extent of the value of article pawned and all articles intended to be pawned with him in the future ; or

(l) contravenes any provision of this Statute or fails to do anything which he is required to do by this Statute ; or

(m) conducts a business of a pawnbroker without obtaining a proper licence from the Chief Secretary,

shall be guilty of an offence.

Prohibition of taking in pawn linen clothing unfinished goods, in certain cases.

41. Every pawnbroker who knowingly takes in pawn any linen or apparel, or unfinished goods or materials entrusted to any person, to wash, scour, iron, mend, manufacture, work up, finish, or make up, thereby commits an offence ; and where any court convicts any pawnbroker of an offence under this section the court may, in addition to any other punishment which it may impose for that offence order the pawnbroker to restore the pledge in the owner thereof in the presence of the court or as the court directs.

Pawnbroker failing to deposit in the Provincial Council money lying to the credit of a pawner.

42. Every pawnbroker who fails to deposit in the office of the Provincial Council the amount lying to the credit a pawner as required by section 31 or section 32 shall be guilty of an offence, the court may, in addition to any other punishment which it may impose for that offence, order a sum equal to such amount to be recovered from that pawnbroker as though it were a fine imposed by the court. Every such sum when recovered by the court shall be deposited in the office of the Provincial Council to the credit of the pawner.

Offences by servants, agents of a pawnbroker.

43. Anything done or omitted to be done by a servant or an agent of a pawnbroker in the course of or in relation to the business of a pawnbroker shall be deemed to be done or omitted, as the case may be, by the pawnbroker.

Provide that where, in the absence of a pawnbroker from his shop or place of business, anything is done or omitted to be done by any servant or agent of a pawnbroker in contravention of any provision of this Statute such servant or agent commits an offence and shall be liable on conviction to the penalty prescribed for that offence by this Statute.

Penalty.

44. Every person who commits an offence under this Statute shall be liable to a fine not exceeding ten thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

Cancellation of Pawnbroker’s licence.

45. Where a pawnbroker or in his absence, any agent or servant of the pawnbroker is convicted of any offence under this Statue or of any fraud in his business, or of receiving stolen goods knowing them to be stolen, the Chief Secretary may cancel the licence issued to that pawnbroker.

Articles in unlawful possession of pawnbroker.

46. Whenever, in any proceeding under this Statute, it is made to appear to a court that any article is in the unlawful possession of any pawnbroker, it shall be competent to such court to order the production of the article and its delivery to any person named by such court under such court under such terms if any, as it may think proper.

(a) Every pawnbroker shall submit an annual Accounts Statement in respect of his business to the Chief Secretary.

Part VISUPPLEMENTARY

Sums of money deposited to pawner’s credit in the Provincial Council.

47. A pawner to whose credit any sum of money is deposited in pursuance of the provisions of section 31, section 32 or section 42 shall be entitled to receive payment of such sum on demand made to the Chief Secretary within one year from the date of such deposit. If no such demand is made within the said period of one year, such sum shall, on the expiry of the said period, be credited to the Provincial Fund.

Agents, servants, etc., of a pawnbroker.

48. Anything by this Statute required or authorized to be done by a pawnbroker may be done by his servant or agent.

Keepers of certain shops to be deemed pawnbrokers.

49. For the purposes of this Statute persons carrying on business of taking goods in pawn, that is to say, every person who keeps a shop for the purchase or sale of goods or for taking in goods by way of security for money advanced thereon and who purchases or receives or takes in goods and pays or advances or lends thereon any sum of money with or under an agreement or understanding expressed or implied, or to be from the nature and character of the dealing reasonably inferred, that those goods may be afterwards redeemed or repurchased on any terms; shall be deemed to be persons carrying on the business of a pawnbroker. Every such transaction article, payment, advance and loan shall be deemed a pawning, pledge and less respectively, within this Statute.

Regulations.

50.

(1) The Minister may in the first instance within three months and thereafter make rules, regulations and / or orders as authorized by this Statute for giving effect and validity; to the provisions of this Statute.

(2) In particular and without prejudice to the generality of powers conferred by subsection (i), the Minister may make regulations –

(a) prescribing any matter which is required by this Statute to be prescribed; and

(b) providing for any matter incidental or supplemental to the furnishing of security by pawnbrokers.

(3) Every rule, regulation and / or order made by the Minister under this section shall be published in the Gazette and such rules, regulations and / or orders shall come into force on the date of such publication or on such later date as may be specifically mentioned in the Rule, Regulation and / or order.

(4) Every regulation made under this section shall as soon as may be convenient after the publication in the Gazette be brought before the Provincial Council for approval and any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything previously done there under.

(5) The date on which any regulation is deemed to be so rescinded shall be published in the Gazette.

Delegation of power and c. under this Statute.

51. Any power, function or duty referred to in this Statute may be exercised or performed by any public officer who is authorized to do so by writing under the hand of the Chief Secretary.

Burden of proof.

52. For the purposes of the issue to any person of any licence for carrying on the business of a pawnbroker, or of any prosecution instituted against any person for any offence under this Statute, the burden of proving that such person is a citizen of Sri Lanka, or is not a foreign company or foreign firm, shall lie on such person.

Transitional Provisions.

53. Notwithstanding anything to the contrary in this Statute –

(a) any licence issued under the ordinance within the Western Province shall be deemed to be a licence under this Statute;

(b) the regulations made under the ordinance shall be deemed to be the regulations made under this Statute until they are repealed by and replaced with regulations made under this Statute.

(c) any action filed under the ordinance and pending on the day immediately preceding the appointed date and any decision given in any such action by a court shall be deemed to be an action filed under this Statute and a decision made in an action filed under this Statute and a decision made in an action filed under this Statute, as the case may be.

Interpretation.

54. In this Statute, unless the context otherwise requires-

“appointed date” means the date on which this Statute come into force;

“Chief Secretary” means the Chief Secretary of the Western Province or an officer or officers duly authorized by him;

“Citizen of Sri Lanka” means any individual who is a citizen of Sri Lanka under any law for the time being in force relating to such citizenship;

“foreign company” means a company to which part XI of the companies Ordinance applies;

“Foreign firm” means a firm – (a) consisting of two partners one of whom is not a citizen of Sri Lanka, or both of whom are not such citizens; or (b) consisting of more than two partners at least one of whom is not a citizen of Sri Lanka;

“minister” means the Provincial Minister of the Provincial Council of Western Province in charge of the relevant subject.

“month” means period of thirty days for the purpose of charging profit or interest;

“Ordinance” means the pawnbrokers Ordinance.

“Pawnbroker” includes every person who carries on the business of taking goods in pawn;

“pawner” means a person delivering an article for pawn to a pawnbroker.

“pledge” means an article pawned with a pawnbroker;

“Provincial Council” means the Provincial Fund of the Western Province created under section 19 of the Provincial Councils Act. No. 42 of 1987.

“Shop” includes a dwelling house, warehouse, place of business, and any place where business is transacted.

“sign” with its grammatical variations and cognate express lone means, in the case of a person who is unable to write his name, the impression in ink or some other suitable medium of the left thumb of that person;

“unfinished goods and materials” includes any goods of any manufacture or of any part or branch of any manufacture either mixed or separate, or any materials whatever plainly intended for the composing or manufacturing of any goods, after such goods or materials are put into a state or course of manufacture, or into a state for any process or operation to be performed thereupon or therewith, and before the same are completed or finished for the purpose of wear or consumption.

Sinhala text to Prevail in the event of an inconsistency.

55. In the event of an inconsistency in the Sinhala And Tamil texts of this Statute the Sinhala Statute shall prevail.

SCHEDULES