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| Prevention Of Terrorism (Temporary Provision)(Amendment) |
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AN ACT TO AMEND THE PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT, NO. 48 OF 1979.
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :
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[15th March
, 1982 ]
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Short title.
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1. This Act may be cited as the Prevention of Terrorism (Temporary Provisions) Amendment) Act, No. 10 of 1982.
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Amendment of section 15 of Act No. 48 of 1979.
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2. Section 15 of the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, hereafter in this; Act referred to as the ” principal enactment”, is hereby amended as follows :
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(1) by the renumbering of that section as subsection (1) of that section; and
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(2) by the addition, immediately after the renumbered subsection (1) of that section, of the following new subsection:
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” (2) Upon the indictment being received in the High Court against any person in respect of any offence under this Act or any offence to which the provisions of section 23 shall apply, the court shall, in every case, order the remand of such person until the conclusion of the trial.”.
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Insertion of new section 15A in the principal enactment.
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3. The following new section is hereby inserted immediately after section 15, and shall have effect as section 15A of the principal enactment:
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“Place of detention until conclusion of trial.
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15A.
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(1) Where any person is on remand under the provisions of subsection (2) of section 15, or section 19 (a), notwithstanding any other provision of this Act or any other law, the Secretary to the Ministry of the Minister in charge of the subject of Defense may, if he is of opinion that it is necessary or expedient so to do, in the interests of national security or public order, make Order, subject to such directions as may be given by the High Court to ensure a fair trial of such person, that such person be kept in the custody of any authority, in such place and subject to such conditions as may be determined by him having regard to such interests.
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(2) Any Order made under subsection (1) shall be communicated to the High Court and to the Commissioner of Prisons and it shall be the duty of such Commissioner, to deliver the custody of such person to the authority specified in such order and the provisions of the Prisons Ordinance shall cease to apply in relation to the custody of such person.”.
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Repeal of section 29 of the principal enactment.
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4. Section 29 of the principal enactment is hereby repealed.
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Amendment of section 31 of the principal enactment.
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5. Section 31 of the principal enactment is hereby amended by the substitution, for the definition of ” unlawful activity of the following definition
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‘”unlawful activity” means any action taken or act committed by any means whatsoever, whether Within or outside Sri Lanka, and whether such action was taken or act was committed before or after the date of Coming into operation of all or any of the provision of this Act in the commission or in connection with the commission of any offence under this Act or any act committed prior to the date of passing of this Act, which act would, if committed after such date, constitute an offence under this Act.’.
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Retrospective effect of, amendment.
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6.
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(1) The amendment made to the principal enactment by section 5 of this Act shall be deemed for all purposes to have come into force on July 24, 1979.
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(2) Every Order made under the provisions of the principal enactment shall He deemed for all purposes to have been made under the provisions of the principal enactment as amended by this Act.
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(3) Where any question of interpretation of any provision of the principal enactment arises in any proceeding or matter pending in any court such question shall be determined in accordance with the provisions of the principal enactment as amended by this Act.
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