43. Replacement of section 80 of the principal enactment

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

Section 80 of the principal enactment is hereby repealed and the following section is substituted therefor: -

80. (1) Any person who –

(a)

resists or obstructs a person authorized in that behalf under this

Act in the exercise by such person of any powers conferred on him by or under this Act;

(b)

fails without reasonable cause, to comply with the requirements of a notice issued under this Act;

(c)

knowingly makes any false statement in any return or information furnished by him under this Act; or

(d)

willfully omits any material fact from any return or information furnished by him under this Act in respect of which he is required to furnish information, commits an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, to a fine of not exceeding fifty thousand rupees or to imprisonment of

“offences and penalties either description, for a term not exceeding six months or to both such fine and imprisonment.

(2)

Any person who contravenes the provisions of this Act or any regulation made thereunder, while practicing Ayurveda under the

Authority of a licence issued under this Act, commits an offence under this Act and shall be liable on conviction after summary trial before a

Magistrate, to a fine of not exceeding one hundred thousand rupees or to imprisonment of either description, for a term not exceeding one year or to both such fine and imprisonment.

(3)

Any person who commits an offence under section 79 of this Act, shall be liable on conviction after summary trial before a

Magistrate, to a fine not exceeding one hundred thousand rupees or to imprisonment of either description, for a term not exceeding one year or to both such fine and imprisonment.

(4)

Any person who-

(a)

carries out any activity without a licence or permit for which a licence or permit is required under this Act; or

(b)

fraudulently displays a logo or a mark or a sign indicating that a premises, establishment, an article, a drug, substance or an Ayurveda product has a valid licence issued under this Act, commits an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, to a fine not exceeding two hundred thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

(5)

Any person who acts in contravention of any provision of this Act, (other than the provisions referred to in subsections (1), (2), (3) and (4) of this section) or any requirements imposed under any such provision, or any regulations made under the Act, shall be guilty of an offence under this Act and shall, on conviction after summary trial before a

Magistrate, be liable –

(a)

where such person is not a body corporate, to a fine not less than rupees five thousand and not exceeding rupees fifty thousand or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment in the case of a first offence, and to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand or to an imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment in the case of a subsequent offence ; and

(b)

where such person is a body corporate, to a fine not less than rupees fifty thousand and not exceeding rupees one million in the case of a first offence, and to a fine not less than rupees one hundred thousand and not exceeding rupees two million in the case of a subsequent offence.”.

Read on from s 44