As enacted

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National Medicines Regulatory Authority Act 2015 · As enacted · Part IV · General

125. Powers of Authorized Officers

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

(1)

An Authorized Officer, for the performance of his duties and the exercise of his powers under the Act may-

(a)

enter at any reasonable hour to any place where he believes any article is manufactured, prepared, packaged, re-packed, preserved, sold or stored and examine any such article and take samples thereof, and examine anything that he believes is used for the manufacture, preparation, packaging, preservation or storing of such article;

(b)

open and examine any receptacle or package that he believes to contain any article;

(c)

for the purposes of examining or search, stop or detain any vehicle in which he believes that any article is being conveyed, search that vehicle and examine such article and take samples of the said article;

(d)

examine any book, document or other records including electronic data found in any place referred to in paragraph (a) and make copies thereof or take extracts therefrom; and

(e)

seize and detain for such time as may be necessary, any article or vehicle by means of or in relation to which he believes any provisions of this Act or regulations made thereunder have been contravened.

(2)

An Authorized Officer acting under this section shall if so required, produce his authority.

(3)

The owner or person in charge of a place entered by an

Authorized Officer in pursuance of subsection (1) and every person found therein shall give the Authorized Officer all reasonable assistance in his power and furnish him with such information and such samples as he may require.

(4)

No person shall obstruct any Authorized Officer acting in the exercise of his powers under this Act or any regulation made thereunder.

(5)

Where any Authorized Officer applies to obtain samples of any article exposed for sale, and the person exposing the article refuses to sell to the Authorized Officer such quantity thereof as he may require or refuses to allow that officer to take the quantity which he is empowered to take as samples, the person so refusing shall be deemed for the purposes of subsection (4) to have obstructed an

Authorized Officer.

(6)

No person shall knowingly make a false or misleading statement either orally or in writing to any Authorized Officer engaged in the exercise of his powers under this Act or any regulation made thereunder.

(7)

No person shall remove or alter, tamper or otherwise interfere in any manner with any article seized under this

Act by an Authorized Officer, without the authority of the

Authorized Officer.

(8)

Any article seized under this Act may, at the option of the Authorized Officer, be kept or stored in the building or place where it was seized or may at his discretion be removed to any Government Institution functioning under the

Ministry of Health or the Provincial Health Services.

(9)

An Authorized Officer shall inform the Authority of any seizure made under this Act as soon as practicable.

Read on from s 126

Part V