72. Amendment of section 241 of the principal enactment

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

Section 241 of the principal enactment is hereby amended by the addition immediately after subsection (2)

thereof of the following subsections which shall have effect as subsections (3), (4), (5), (6) and (7) thereof :—

“(3) A person who on the date of the commencement of this Act, carries on the business of manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle as the case may be, shall within three months from the date of commencement of this Act, apply in the prescribed Form to the Commissioner - General, accompanied by the prescribed fee, and obtain the written approval of the Commissioner - General for such business of manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle as the case may be.

(4)

A person who, before the date of commencement of this Act, has carried on the business of manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle as the case may be, and who has not registered any motor vehicle so manufactured, assembled, fabricated, innovated, adapted, modified, or the construction of which has been changed, shall apply in the prescribed Form to the Commissioner -

General, accompanied by the prescribed fee, and obtain the written approval of the Commissioner -

General for such manufacture, assembly, fabrication, innovation, adaptation, modification, or change of construction of a motor vehicle as the case may be, of which has been changed,

(5)

The Commissioner - General, may upon an application made in the prescribed Form under section 3 or 4 and on payment of the prescribed fee, grant approval for the manufacture, assembly, fabrication, innovation, adaptation, modification, or change of construction of a motor vehicle as the case may be.

(6)

The Commissioner - General shall, where he is satisfied that the applicant has carried on the business of manufacturing, assembling, fabricating, innovating, adapting, modifying or changing the construction of a motor vehicle—

(a)

in an improper or unsatisfactory manner;

(b)

in such manner as in not in conformity with the provisions of this Act or any regulations made thereunder, or in regard to the standard of safety, design, construction, or any conditions or equipment thereof; or

(c)

in such manner as is likely to endanger road safety or the environment, refuse to grant the written approval referred to in subsection (1) and subsection (2) by notice in writing.

(7)

Any person aggrieved by the decision of the

Commissioner - General in refusing to grant written approval under this section may, within fourteen days of the receipt by him of such notice of refusal, appeal in writing to the Tribunal, whose decision thereon shall be final.”.