30. Amendment of section 63 of the principal enactment

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

Section 63 of the principal enactment is hereby amended as follows :—

(1)

in paragraph (a) of subsection (1) of that section by the substitution for the words “or mines, processes, transports, trades in or exports” of the words “or mines, processes, stores, transports, trades in or exports,”;

(2)

in subsection (1) of that section by the substitution for all the words from “before a Magistrate be liable to a fine not exceeding five hundred thousand rupees” to the words “for a term not exceeding one year” of the words “before a Magistrate be liable to a fine not less than fifty thousand rupees and not exceeding five hundred thousand rupees and in the case of a second or subsequent offence, to a fine not less than one hundred and fifty thousand rupees and not exceeding two million rupees or to imprisonment for a term not exceeding two years”;

(3)

by the insertion immediately after subsection (1) of that section of the following new subsections :—

“(1A) Where a Magistrate convicts any person for an offence under this Act for exploring for, or mining, minerals on any land, without a licence in that behalf issued under this Act, he may in addition to any fine or imprisonment, imposed on such person, order such person to restore or rehabilitate such land to the state it was in, prior to the commencement of such exploration or mining operation.

(1B)

A Certificate under the hand of the

Director-General, to the effect that the land described therein, being a land in respect of which an order has been made under subsection (1A), has been restored to the state it was in prior to the commencement thereon of the exploration or mining operation. Shall be admissible in evidence and shall be prima facie evidence of the facts stated therein.”.

(4)

in subsection (2) of that section by the substitution for all the words from “before a Magistrate be liable”

to the words “not exceeding six months” of the words “before a Magistrate be liable to a fine not less than five thousand rupees and not exceeding seventy five thousand rupees or to imprisonment for a term not exceeding twelve months”;

(5)

in subsection (3) of that section by the substitution for the words “a fine not exceeding twenty five thousand rupees” of the words “a fine not less than ten thousand rupees and not exceeding fifty thousand rupees.”.

Read on from s 31