41. Amendment of section 77 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 77 of the principal enactment is hereby amended as follows: -

(1)

by the repeal of subsection (1) thereof and the substitution therefor, of the following:-

“(1) Regulations may be made under this Act prescribing an Ayurveda Code containing all such provisions in respect of all such matters as the authority empowered to make such regulations may deem necessary to prohibit, regulate or control the manufacture, preparation, importation, exportation, purchase, storage, advertising, transportation, quality control, sale, supply, distribution or dispensing of any article, substance or drug for the purpose of Ayurveda medicine and surgery. Such Code may, without prejudice to the generality of the powers hereinbefore conferred, make provision in respect of all or any of the following matters:-

(a)

the declaration of any article, substance or drug as a poison, poisonous substance or dangerous drug, as the case may be, for that purpose;

(b)

the prohibition, regulation or control of, the manufacture, preparation, importation, exportation, purchasing, storing, advertising, transportation, quality control, sale, supply, or distribution of any Ayurveda product;

(c)

the registration and maintenance of any herbal Garden for Research and

Extension;

(d)

the registration of or issuance of licences or permits for any herbal cultivation and for any related activity, including transportation and storing of crop;

(e)

the introduction and operation of a system of registration, licensing or issuance of permits for the purpose of effecting such regulation or control, including, but not limited to, the making of application for such registration, licensing or issuance of permits, the grant, refusal, suspension and cancellation of such registration, licence or permit;

(f)

the precautions to be taken, and the conditions to be complied with, in such herbal cultivation and in such manufacture, preparation, importation, exportation, purchase, storage, advertising, transportation, quality control, sale, supply, distribution or dispensing;

(g)

the books and records to be kept and maintained, and the returns to be furnished, by persons engaged in such herbal cultivation and in such manufacture, preparation, importation, exportation, purchase, storage, advertising, transportation, quality control, sale, supply, distribution or dispensing;

(h)

the inspection of the premises in which such herbal cultivation is carried out and in which such manufacture, preparation, importation, exportation, purchase, storage, advertising, transportation, quality control, sale, supply, distribution or dispensing is carried on, and of the records and books kept and maintained for that purpose;

(i)

the charging of fees, where necessary, in respect of any matter referred to in this section;

(j)

the declaration of any medicinal plant which requires a licence or permit for cultivation; and

(k)

any other matter incidental to or connected with the matters aforesaid.”;

(2)

in subsection (2) thereof, by the substitution for the words “the Prime Minister.” of the words “the

President.”.

Read on from s 42