As enacted

Contents

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

131. Punishment for the contravention of the provisions of this Act

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

(1)

Every person who contravenes any of the provisions of this Act or any regulation made thereunder shall be guilty of an offence and shall on conviction be liable—

(a)

where the nature of the offence involves injury to the health of the public, to a fine not exceeding two hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment;

(b)

for unauthorized use of State logo or any other mark which indicates that a medicine, medical device or borderline product to be state property, to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment;

(c)

for carrying on a Pharmacy without obtaining a licence from the Authority, to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment;

(d)

for any other offence –

(i)

for the first offence, to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three months or to both such fine and imprisonment;

(ii)

for a second or subsequent offence, to a fine not exceeding two hundred thousand rupees or to imprisonment for a term not exceeding six months or to both such fine and imprisonment;

(e)

to publish an apology in addition to the punishment mentioned in paragraphs (a), (b), (c) and (d) to the general public in one Sinhala, Tamil and English newspaper each, circulating in Sri Lanka substantially in the size of 10"x 10" in front page to the effect that he shall not repeat the offence.

(2)

Where a person convicted of an offence under this

Act or any regulation made thereunder is convicted of a second or subsequent, offence of a like or similar nature under this Act or regulations made thereunder, the court convicting him for the second or subsequent offence may -

(a)

cause the name and address of the person convicted and the offence and the punishment imposed for such offence to be published in such newspaper or in such other manner as the court may direct and recover the cost of publication from the person convicted as if it were a fine imposed on him;

(b)

cancel any licence or registration issued to the person convicted for the manufacture, importation, sale and distribution of any medicine, medical device or borderline product under this Act or any other law and inform the relevant licensing

Authority accordingly.

(3)

Where a person is convicted of an offence under this

Act or the regulations made thereunder relating to the storage, sale, distribution and transportation of any illegal, unregistered, counterfeit and smuggled medicine, medical device or borderline product which is marked state logo or any other marking indicating that such medicine, medical device or borderline product is state property, the

Magistrate may, in addition to the punishment provided under this Act, upon application made by an Authorized

Officer for closure of such premises, order the closure of such premises or discontinuance of trade or business carried on therein.

(4)

Where such person fails to comply with the order issued under this section, the Magistrate shall forthwith issue an order to the Fiscal of such Court requiring and authorizing such Fiscal to close such premises and discontinue the trade or business carried on therein before a date specified in the order, not being a date earlier than three days and not later than seven days from the date of issue of such order.

Read on from s 132

Part V