16. Insertion of new sections 19A, 19B and 19C in the principal enactment

The following new sections are hereby inserted immediately after section 19 of the principal enactment and shall have effect as sections 19A, 19B and 19C of that enactment:—

19A. (1) No person shall fabricate, manufacture, assemble, innovate, adapt, modify or change the construction of a motor vehicle in Sri Lanka except with the prior written approval of the Commissioner-General.

“No person to fabricate, manufacture

& c., motor vehicle except with permission of

Commissioner-General.

The Commissioner - General may upon application made in the prescribed Form and on payment of the prescribed fee, grant approval to such applicant to manufacture, assemble, fabricate, innovate, adapt, modify or change the construction of a motor vehicle as the case may be, subject to compliance by the applicant with terms and conditions which the

Terms and conditions specified by notice under subsection (2), may include a requirement that the applicant’s facility for manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle as the case may be shall conform to specifications set out in such notice.

The Commissioner-General shall refuse to grant the written approval referred to in subsection (1), where he is satisfied that the applicant has not complied with any term or condition specified under subsection (2).

Any person aggrieved by the refusal of the Commissioner-General to grant written approval under this section may, within fourteen days of the receipt of the written notice of such refusal, appeal in writing to the Motor

The Commissioner-General may, by notice in writing, require a manufacturer, assembler, fabricator, innovator, adaptor, modifier or person engaged in the business of changing the construction of a motor vehicle, to effect such additions, improvements, or modifications as he may specify in such notice, to an existing facility for manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle.

The Commissioner-General shall cancel a written approval granted under subsection (2) where he is satisfied that the manufacturer, assembler, fabricator, innovator, adaptor, modifier or person engaged in the business of changing the construction of a motor vehicle—

has failed to comply with the requirements of a notice sent to him under subsection (6) ; or

(i)

has failed to comply with any of the terms and conditions subject to which such written approval was granted ;

has been convicted of an offence under this Part or has contravened the provisions of any regulation made thereunder.

The Commissioner - General shall before cancelling any written approval under subsection (7), give notice in writing of his intention to do so, specifying a date, not less than fourteen days from the date of the notice, upon which such cancellation shall be made and calling upon such manufacturer, fabricator, assembler, innovator, adaptor, modifier or person changing the construction of a motor vehicle to show cause to the Commissioner-General as to why such written approval should not be cancelled.

Where the Commissioner-General has cancelled any written approval granted to a person under the provisions of subsection (7), he shall forthwith inform such person of such cancellation by notice in writing.

Any person aggrieved by the decision of the Commissioner General under subsection (7) may, within fourteen days of the receipt of the notice referred to in subsection (9), appeal in writing against such cancellation to the

An order of cancellation shall not take effect until the expiration of a period of fourteen days from the date of receipt of the notice of cancellation under subsection (9).

If within that period, the person aggrieved by such cancellation appeals to the

Where an order of cancellation becomes effective under subsections (7) or (11), the manufacturer, assembler, fabricator, innovator, adaptor, modifier or person changing the construction of a motor vehicle shall as from the date when such order becomes effective, cease to carry on the business of manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle as the case may be.

Where written approval has been granted to a manufacturer, assembler, fabricator, innovator, adaptor, modifier, or person changing the construction of a motor vehicle, for the carrying on of business in such capacity, and an order of cancellation has been made in respect of any such category of persons, such person shall, within seven days of the making of such order of cancellation, surrender to the

the letter of written approval issued to such person; and

the Certificate of Registration issued to him as a manufacturer, assembler, fabricator, innovator, adapter, modifier or construction changer, as the case may be,

A manufacturer, assembler, fabricator, innovator, adapter, modifier, or person engaged in the business of changing the construction of a motor vehicle, the written approval for whose business has been cancelled under this section, may on satisfying the Commissioner - General that he has, since such cancellation—

complied with the requirements of a notice sent to him under subsection (6);

complied with the terms and conditions subject to which such written approval was previously granted ; and

is carrying on such business in a proper and satisfactory manner, re-apply to the Commissioner-General-

for the grant of written approval for his business ; and

for the issue of a Certificate of

Any person aggrieved by the refusal of the Commissioner-General to re-issue written approval or issue or renew the Certificate of

A person who contravenes the provisions of subsections (1), (13) or (14) shall be guilty of an offence and shall on conviction be liable to a fine not less than fifty thousand rupees and not exceeding one hundred thousand rupees and to the confiscation of such motor vehicle.

The Minister may make regulations in respect of the procedure for the issue of a

with branded new parts ; and

with the prior written permission of the manufacturer of such parts.

Any person who assembles a motor vehicle otherwise than in accordance with the provisions of subsection (1), shall be guilty of an offence and shall on conviction be liable to a fine not less than fifty thousand rupees and not exceeding one hundred thousand rupees.

No person shall import a motor vehicle into Sri Lanka—

which is not in conformity with the prototype approved by the

except under the authority of a permit issued in that behalf by the

A person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than three hundred thousand rupees and not exceeding five hundred thousand rupees.”.