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Act of Parliament

Metric Units (Consequential Provisions) (Amendment) Act 1983

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

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s 1

This Act may be cited as the Metric Units (Consequential

Provisions) (Amendment) Act, No. 10 of 1983.

s 2of 1978

The Schedule to the Metric Units (Consequential!

Provisions) Law, No. 40 of 1978, is hereby repealed and the following Schedule substituted therefor :—

Column Z

SNACIMENTS

i. The Electricity Act.

2—A 65669—13,265 (82/05)

¢ SowmzpULE

Column II

AMENDMENTS

1. In column 3 of subsection one of section 13 substitute —

(i)

for the figures and words

“16 chains to an inch”, the figures “1 : 10000.” ;

(ii)

for the figures and words

“90 feet to an inch’’

the figures 1 : 200.”;

(iii)

for the figures and worde

“40 feet to an inch, the figures

“‘1 : 500.”;

’ (iv) for the figure and words

“2 chains to an inch”, the figures “1 : 2000.”

(v)

for the figure and worda

“1 mile to an inch”

the figures “1 : 50,000."5

2. In paragraph (b) of sub-section (2) of section 23,substitute for the words ‘‘thirty three feet’’, the figures and word

“10

meters”.

3. In paragraph (a) of sub-section(2) of section 25, substitute, for the words “‘one inch to eight feet” and “sixteen inches to the mile”, the figures “1 : 100” and

“4: 5000” respectively.

4. In subsection (1) of section 33, substitute, for the words ‘“‘one hundred and fifty feet” , the figures and word “45 meters”’.

5. Insection 38, substitute, for the words “two hundred and twenty-five feet”, the figures and word ‘65 meters”.

Shrot titis.

lacemeny of

Rep

Schedule to

Law No. 40

Column I

ENACTMENTS

Column II

AMENDMENTS

2. The Bread Ordinance

For section 2, subetitute the following section :—

“Sale of bread by weight, and marking of weight of loaves 2 (1) No baker or vendor of breed chall sell any bread other than fancy hread or rolls, except in loaves weighing two h ed and twenty five gram-mes, four hundred end fifty grammes, nine hundred gramm-eg or one thousand and eight hundred grammes.

‘

(2)

Subject as hereinafter pro-vided, no baker or vendor of bread shali sell any loaf of bread or expose any such loaf for sale, unless the weight of the loaf is clearly marked on the loaf by an impression made in—

baking or on a band or wrapper affixed round or enclosing the loaf :

Provided that nothing in the preceding provisions of this sub-section shall apply—

(a)

in the case of fancy bread or ro'l, of any loaf of bread which is under two hundred and twenty five grammes in weight

; or

|

(6)

in the case of any bread which, in pursuance of any contract or agreement in that behalf, is supplied on any occasion in any quan-tity not less than fifty kilo-grammes and is weighed upon delivery.”.

8. The Medical Wants

In section 2, substitute for the definition of

Ordinance

“estate”, the following definition :—

ass estate” means any estate in which Jabourers sre employed having four hectares of land actually cultivated in tea, rubber, coffee, cacao, cardomomse, cocoa camphor, pepper, or cinchona;

& The Customs Ordi-

s 1

Renumber rection 10 as subsection (1) of that nance section.

s 2

In section 10, insert after the renumbered subsection (1) of that section, the following sub-section :—

(2)

Every duty altered or imposed on the basis of any measwement unit under the pro-viso to subsection (1), shall be according to the

International System of Units as defined in section 5 of the Weights and Measures Ordi-nance,”’,

s 3For section 17, substitute the following sec-tion :-

“Duties to be paid in Sri Lan-ka currency ac-cording to units of measurements for Sri Lanka.

17. All duties of customs as well as all penalties under the

Ordinance, shal} be paid and received in the serveral descrip-tions of money herein enumerat-ed, and at the rates of exchange

,

Metric Units (Consequential Provisions)

3

(Amendment) Act, No. 10 of 1983

Column I

BNACTMENTS

Produce of eus-toms duties to be paid in to the

Treasury &c.

Column II

AMENDMENTS specified namely, in British gold or silver money, or in such other description of money and at such rate of exchange as may from time to time be determined by the Minister and according to the units of measurements for

Sri Lanca ; and in all cases, when such duties are imposed and allowed according to any specific quantity or any specific value, the same shall be deemed to apply in the same proportion to any greater or less quantity o€

value ; and the produce of all duties of customs shall be paid by the Collector into the hands of the Deputy Secretary to the

Treasury or to the sub-accoun.

tants of Sri Lanka in such manner and at such periods as

“may be specified by the Minis.

ter,”’.

5. The Housing and

The Schedule to the Ordinance is hereby

Town Tmprove-umended as followa:—

ment Ordinance

41) in paragraph (8) of rule 2.of that Schedule by the substitution for the figure and word “4

feet.”, the figures and word “1.2 metres.”, ;

(2)

in rule 3 of that Schedulo—

(i)

by the substitution, in paragraph (a) of that rule—

(a)

for the figure an word “9 feet” the figures and word ‘2700 millimetres”;

(b)

for the figure and word “7 feet”, the figures and word ‘1200 millimetres”;

(ii)

by the substitution, in paragraph (5) of that rule—

(a)

for the figures and words “120 square feet”, the figures and words

“11.1 square metres” ;

(8)

for the figures and words “90 square fect”, the figures and words

“8.3 square matres”,

(iii)

by the substitution, in paragraph (d) of that rule for the figure and word ‘8 feet’, the figures and word “2400 millimetres” ;

(iv)

by the substitution, in paragraph (g) of that rule for the figure and word “6 feet”, the figures and word “ 1800 millimetres.”

;

(v)

by the substitution, in paragraph (f) of that rule for the figure and words “8 square feet’, the figures and words “.74 square metres”,

(vi)

by the substitution, in paragraph (9) of that rule for the words

“one and a, half feet’, the figures and word “‘ 500 millimetres ” :

Metric Units (Consequential Provisions)

(Amendment) Act, No, 10 of 1983

Column I

Column IT

BNAOCTMENTS

AMENDMENTS

(3)

in rule 4 of that Schedule—

(i)

by the substitution, in paragraph (b) of that rule for the figures and word “ 7}

fect , the figures and word ‘“ 2200

millimetres ”’ ,

(ii)

by the substitution, in the second proviso to the rule for the figures and word “ 15

feet’, the figures and word “4.5

metres”;

(4)

in paragraph (1) of rule 5 of that Schedule—

(i)

by the substitution, for the figures end word 7} fect’, wherever they occur in that paragraph, the figures and word

‘2.2 metres”;

aX

(ii)

by the substitution, for the figures and word ‘20 feet’, wherever they occur in that paragraph, the figure and word

“6 metres”;

(iii)

by the substitution, for the figure and word “3 feet”, the figure and word 9

metres”;

,

(5)

in rule 8 of that Schedule—

(i)

by the substitution in paregraph (1) of that rule—

(a)

for the figures and word “ 40 feet”, the figures and word “ 12 metres aa}

(e)

for the figures and word “10 feet”, the figures and word “3 metres”

3

(c)

for the figures and word ‘15 feet”, the figures and word “4.5 metres”;

(d)

for the figures and word “ 20 feet”, the figure and word ‘6 metres ” ;

(e)

for the figures and word “18 feet”, the figures and word “ 5.4 metres”;

(ii)

by the supstitution, in paragraph (2) of that rule—-

(a)

for the figures and word“ 30

feet”, the figure end word

°9 metres ” ;

(b)

for the figures and word “20

feet”, the figure and word

“©6 metros";

(iil)

by the substitution in paragraph (3) of that rule, for the figures and word “Il6feet”, the figures and word

“4.5

metres”;

(€)in rule 9 of that Schedule by the substitution for the figures and words “ 1,000 square feet’, the figures and words “ 92.9 square metres ”’.

Metric Units (Consequential Provisions)

&

(Amendment) Act, No. 10 of 1983

Column I

MNACTMENTS

s 6The Rubber, Control

Act

%. The Rubber Heplant-ing Subsidy Act.

Column II

AMENDMENTS

s 1For section 16, substitute the following section :-—

)

Scales to be

16. Every licensed dealer kept in licensed shall keep in his licensed premis-premises.

es scales capable of weighing up to fifty kilogrammes and shall, upon being requested to do so by the Controller or oy an officer authorised by the Controller, cause aby rubber in those premises to be weighed, and shall permit and give every facility and assistance to the

Controller or such authorised officer to compare the weight of the stock of rubber in those premises with the weights ef shown in the record mentioned.

under section 15, .

2. In section 25, substitute, for sub-section (1}

and (2) of that section, tho following subsections:

(1)

There shall be charged, levied and paid an export duty on rubber calculated at such rate as may be determined by a resolution of

Parliament on every hundied kilogramme of rubber exported from Sri Lanka. Every such.

resolution shall be published in the Gazette :

Provided, however, that no such duty shall be charged or levied on any rubber which ia proved to the satisfaction of the Principal Collector of

Customs to have been imported into Sri Lenke for the purpose of re-export.

(2)

The amourt of duty imposed onder sub-section (1) of this section may Le varied, or the duty imposed may be rescinded at ary time by

& resoution of Parliament. Such resolution shall be published in the Gazette and shall come into effect from the date of sach publication.”.

s 3

In sub eection (1) of section 52 substitute, for the definitions respectively, of “‘ estate ”

and “‘smaji holding”, the following definitions:s—

hf

‘“ estate ” means any area of land which is not less than four hectares in extent and on which rubber plants are grown for the purposes of collecting latex therefrom ;

small holding ” means an area of land whick is less than four hectarea in extent and on which rubber plants are grown for the purpose of collecting latex therefrom.”;

o Section 7—-

(1)

substitute for subsections (1), (2) and (3) of that section, the .ollowing rubsections —

(1)

There shall be charged, levied and paid:

an export duty as may be determined by a tesolution of Parliament for every kilogramme ot sheet rubber, exported.

from Sri Lanka.

(z)

There shall be charged, levied and paid:

an export duty as may be determined by a resolution of Parliament for every kilogramme of rcrap crape rubber exported from Sri Lanka.

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ENACTMENTS

s 10Land Development

Ordinance ll. Fhe Tea Control Act,

No. 51 of 1957

Column IT

AMENDMENTS

(3)

There shall be charged, levied and paid an export duty as may be determined Ly a recolution of Parliament for every kilogramme of crape rubber exported trom Sri Lanka.”.

(2)

Omit subsection (5) of that section,

In Section 6, substitute for subsection (4) of that section. the following subsection :—

(4)

For the purpose of calculating the duty under subsection (i), one litre of fluid latex shall bs taken to be equivalent to three hundred and fifty units of a kilo-grammes of dry rubber and one and half kilogrammes of coagulated latex shall be taken to be equivalent to one kilo-grarame of dry-rubber”’.

s 1In section 55, substitute for paragraph (5)

of that section, the following paragraph :—

“ (5) all waste land which, not being private property, lies within a distance of ten metres of the middle of a public carriageway or cartway ov within three metres of the middle of a public pathway ;”.

2,

In subsection (1) of section 63 substitute for the words “one mile”, the words “ one thour and and six hundred metres ”’.

s 3

In paragraph (7) of section 96, substitute for the figures and word ‘ 5,000 feet ” the words

“ one thousand and six hundred metres.”’.

s 4

Insection 101, substitute for the figure: and word ‘5,000 ieet”, the words “one thousand and iix hundred metres ”’.

s 6

In the First Schedule to that Ordinance, rubstitute, for the words and figures “ twelve acres, three roods and ten perches and seven tenths of a perch (A12 R3 P. 10.7)” the figures and word “ 6.1877 hectares ”’.

In paragraph (c) of section 156, substitute for the figures and word “ 5,000 feet”, the words one thousand and six hundred metres ”.

s 1In section 18, substitute, for subsection (4)

of that section, the following subsection

;

(4)

Every licensed dealor shall keep in his licensed premises, and every manufacturer to whom subsection (3) of this section applies shall keep in his tea factory, scales capable of weighing up to fifty kilogrammus :

Provided, however, that it shall not be necessary for a licensed “dealer who deals solely in mede tea packeted py 8 registered packer to keep in his licensed promises the scales referred to in this subsection. .

Metric Units (Consequential Provisions)

(Amendment) Act, No, 10 of 1983

Column I

ENACTMENTS

Column IT

s 2Amendments

In subsection (1) of section 63, substitute, for the definitions respectively of ‘ostate” and

“small holding’, the following definitions :—-

« “ estate moans an area of lend, four hectares or more in extent, on which tea plants are grown for the purposes of harvesting the leaf thereof for conversion into made tea

;

“small holding”? means an area of lend less tLan tour hectares in extent on which tea plants are grown for the purpose of harvesting the leaf thereof for conversion into made tea ;’.

12. The ‘ea and Rubber

Estate (Control

Frugmentation).Act,

No. 2 of 1958 1.

(a)

()

In section 8, substitute, for sub section (1) of of that section, the following subsection :—--

(1)

The Board shall grant its consent—

to the transfer of ownership of a tea or rubber estate which does not involve the division of such estate into a number of lots;

to the transfer of ownership of a tea or rubber estate which involves the division of such estate into a number of lots or to the partition by deed of a tea or rubber estate, or to the institution of a partition action in respect of a tea or rubber estate—~

(i)

if all the lots inte which such estate is to be divided or parti-tioned, or all those lots except such one of them as is not less than fourty hectares in extent, are to be used for an object which is declared to be a housing object by section 2of the Natio-nal Housing Acé, or for any industrial purpuse, or for the development of any town, or for any other prescribed purpuse, or are to be merged with an adjoining tea or rubber estate and the Board is of opinion that such merger will result in the more efficient and economic management of the lands that are merged ;

(ii)

if, in the opinion of the Board, the agricultural conditionof such estate is already so unsatisfactory that its division or partition into lots is not likely to effect such condition adversely

; or

(iii)

if each of the lots into ~hich such estate is to be divided or partitioned is not less than two hundred hectares in extent in the

Colunn I

ENAOTMEI

TE

Oolumn II

AMENDMENTS case of tea and one hundred hectares in extent in the case of rubber, and such division or partition will not in the opinion of the Board, adversely affect the agricultural condition or the efficiency of management of the property.”’.

2. For section 9, substitute the following section —-

“ Prohibition of registration of cer-tain estates and emall holdingzs, ander, the Tea Con trol Act, No. 51 of 1967, and the

Rubber

Control

Act.

9. (1) Notwithstanding any;

thing to the contrary in the

Tea Control Act, No. 51 of 1957, an estate of less than two hundred hectares in extent, or a small holding, constituted by the division of a tea estate into lots on or after the appointed day shall not be registered under such Act unless such division has been made in consequence of a transfer or ownership or 8 partititon of such tea estate with the prior consent of the Board and in.

accordance with the conditions, if any, subject to which such.

consent has been granted. In this subsection the expression small holding shall have the same meaning as in the Toa

Control Act, No. 51 of 1957.

(2)

Notwithsatnding any-thing to the contrary in the

Rubber Control Act, an estate, less than one hundred hectares.

in extent, or a small holding, constituted by the division of a tubber estate into lots on or after the appointed day shall not be registered under such

Act unless such division has been made in consequence of a transfer of ownership or a.

partition of such rubber estate with the prior consent of the.

Board and in accordance with.

the conditions, if any, subject to which such consent fag been granted. In this eubs-section the expression ‘ small ho'ding” shall have the same-meaning as in the Rubber

Control Act. ”.

3 In section 25, substitute, for the definitions respectively of ‘‘ rubber estate ” and ‘tea estate”, the following definitions :—

‘rubber estate’ means a rubber estate of not less than forty hectaree in extent which.

ander the Rubber Control Act is or is deemed to be an estate registered under that Act;

‘tea estate’ means a tea estate of not less toh’ forty hectares in extent which under the bTanontrol Act, No. 51 of 1957, is or ia deemed:

teacCan estate registered under that Act ;’,

Metric Units (Consequential Provisions)

9

(Amendment) Act, No. 10 of 1983

Column I

BNAOTMANTS

Column IT

AMENDMENTS

43 The Estate Bazaars

In section 6, substitute for the definition of

(Compulsory estate’, the following definition :—

Acqaizition) Act,

No. 19 of 1958

« estate” means any land or group of lands, whether cultivated or uncultivated, which is not less than eight hectares in extent and which forms a separate and distinct property, but does not include any property an appti-cation for the transfer of ownership of which has made under section 11 of the Tea and

Rubber Estates (Control of Fragmentation)

Act No. 2 of 1958 ;’.

s 1In section 2, substitute for subsections (1),

Control of Export) (2) and (3) of that section the following saub-Act,No.16 of 1959 sections :—

“Tax on tea which ie sold at a

Colombo tea auc-tion and on tea exported from Sri

Lanka sold at a foreign tea auction.

2. (1) Where any tea—

(a)

is sold at a Colombo tea auction

; or

(6)

is exported from Sri

Lanka and sold at a foreign tea auction, at a price which is or which when expressed in terms of

Sri Lanka currency and after the deductions epecified in subsection (3) are made there-from, is in excess of a price tobe determined bv the Minister, by Order published in the

Gazetie, having regard to the current prices at which tea is sold at Colombo tea auctions there shall be charged, levied and paid in respect of each kilogramme ot the tea so sold a tax at such rate as shail be determined by the

Minister by Order published in the Gazette:

Provided that where’ the tax which, but for this proviso, would be payable under tho preceding, provisions of this subsection on any tea in respect of its first resale at a Colombo tea auction is in excess of the tax under those provisions on that tea in respect of its sale at such an acution before such first resale where shall in lieu of the tax under those provisions be char-god, levied and paid on that tea in respect of such first resale a tax equal to the amount of such excess.

(2)

For tke purposes of expressing in terms of Sri Lanka currency the price at which a kilogramme of tea exported from Sri Lanka for sale at a foreign tea auction wae sold on any day at such an auction, the rate of exchange shall he the rate of exchange specified under section 17

of the

Customs Ordinance,and in force on that day.

Column I

ENAOTMENTS

Oolumn II

AMENDMENTS

(3)

The deductions which, for the purpose of subsection (1), shall be made fiom the price at which a kilogramme of tea exported from Sri Lanka for sale at a foreign tea auction is sold at such an auction shall be—

(a)

the «xport duty and any excess paid in Sri Lanka on that kilogramme of tea, and

(6)

the amount fixed by the

Minister by Order published in the Gazette in respect of a kilogramme of tea exported from Sri Lanka for sale at such a toreign tea auction, to cover the cost of freight, insurance and fhandling, ”,

s 2it

(1)

In section 5, substitute for subsections

-

(1)

and (2) of that section, the following subsec.

tions—

(1)

The Commissioner shall, on the basis of the current prices at which tea ia sold at a

Colombo, tea auction, {determine-for the purposes of subsection (2), the price, hereafter in this section referred to as the “assessed price”, which a kilogramme of—

(a)

any tea produced in Sri Lanka by the

English and Scotish Joint Co-operative

Wholevale Society, Ltd.; or

(b)

any tea which is not tea referred to in paragraph (a) of this subsection or in sub-section (1) of section 2 and which is autho.

rized by a permit issued under this Act to be exported from Sri Lanka, would reasonably be expected to fetch on any day if such tea was sold on that day ata

Colombo tea auction.

(2)

Before the issue of a permit under this

Act authorising the export of any tea from

Sri Lanka to which subsection (1) applies there shall be charged, levied and paid in respect of each kilogramme of such tea a tax at such rate as may be determined by the Minister by

Order published in the Gazette. Such rate shall be determined in relation to the assessed price referred to in subsection (1).’.

s 3

In section 7, substitate for the proviso to subsection (1) of that section, the following proviso :—

“ Provided that no permit shall be required for the export ef—

(a)

any tea, not exceeding six kilo-grammes in weight, despatched as a gift by parcel post or takes as part of the personal laggage of a passenger on any vessel or aircraft, or

Metric Units (Consequential Provisions)

.

uu

(Amendment) Act, No. 10 of 1983

Column I

Column II

ENACTMENTS

AMENDMENTS

s 18The Sri Lanka Tea

Board Law, No. 14

of 1975.

(b)

any tea, sent as commercial samples.”.

4, In section 12, substitute for subsections (1) and (2) of that section the following subseo-tions :—

“(1) Where any tea is scld at a Colombo tea auction, the person who is the owner of the tea at the time of the sale shall,not later than three working days after the date of the sale, state in writing to the Commissioner, the description, quantity and sale price per kilo-gramme of such tea, and the name and address of the purchaser.

2) Where any tea exported from Sri Lanka for sale at a foreign tea auction is sold at such an auction, the person who is the owner of the tea st the time of the eale rhall, not later than fourteen days after the date of the sale, state in writing to the Commissioner, the description, quantity and sale price per kilogram:ne of such tea, and the name and address of the pucchaser.”.

.

1, In section 13—

(1)

in paragraph (a) of subsection (1) of that section substitute for the words “at the rate of 1upees twenty five end cents severty only”, the words “tat such rate as may be determined by the Minister by Order published in the Gazette”;

(2)

in paragraph (b) of subsection (1) of that section substitute for the words “by this section”, the words “‘under this section’.

s 2In section 31, substitute in the definitions respectively, of—

(a)

“estate”, for the words ‘‘ten acres”, the words

“four hectares’?

; and

(b)

“small holding”, for the words “ten acres’, the words “four hectares.”.

‘

t

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