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As enacted

Act of Parliament

Special Commodity Levy Act 2007

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

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Special Commodity Levy

Act, No. 48 of 2007.

(1)

From and after the date of the coming into operation of this Act, there shall be imposed a levy to be called the

“Special Commodity Levy” on certain commodity items which shall from time to time be specified by the Minister by

Order published in the Gazette.

(2)

The period of validity of every such Order and the rate of the Special Commodity Levy to be imposed in respect of each such specified item, either on ad valorem or specific basis, shall also be specified in the Order.

(3)

Every Order made under subsection (1) which is valid for a period of over thirty days, may be amended or varied by adding thereto or removing therefrom any item or by revising the rates specified therein.

(4)

No Order made under subsection (3) may be amended or varied until the expiration of thirty days from the date of the making thereof.

(5)

The Special Commodity Levy so imposed shall be a composite levy and during the period any Order published in terms of subsection (1) is in force, no other tax, duty, levy or cess or any other charge imposed in terms of any of the laws specified in the Schedule to this Act, shall be applicable in respect of the commodity items specified in any such Order.

s 3Collection, administration and recovery of the Special Commodity Levy

The Special Commodity Levy, imposed under section 2, in lieu of any tax, duty, levy or cess or any other charge imposed in terms of any of the laws specified in the Schedule to this Act, shall notwithstanding anything to the contrary in this Act, be collected, administered and recovered by the

Director - Genaral of Customs, in accordance with the provisions of the Customs Ordinance (Chapter 235).

s 4Special Commodity Levy to be remitted to the Consolidated Fund

The Director - General of Customs shall remit all sums collected by him as Special Commodity Levy in terms of this

Act, to the Consolidated Fund.

(1)

Notwithstanding the provisions of section 2, the

Minister may, where he is of opinion that in view of the prevailing economic considerations that it is expedient so to do, by Order published in the Gazette waive for a period of time to be specified in such Order, the Special Commodity

Levy chargeable under section 2 in respect of any specified item.

(2)

During the period any Order published in terms of subsection (1) is in force, no other tax, duty, levy or cess or any other charge imposed in terms of any of the laws specified in the Schedule to this Act, shall be applicable in respect of the commodity items specified in any such Order.

s 6Determination of the applicable rate

Where any commodity item is made subject to an

Order under section 2, the rate payable in respect of such commodity item shall be such rate as is applicable to such item at the time of submission of the Bill of Entry.

s 7Order to be placed before Parliament & c,

Every Order made by the Minister in terms of section 2 and section 5, shall—

(i)

be in operation immediately upon the Minister affixing his signature thereto;

(ii)

be published in the Gazette as soon as convenient;

(iii)

be approved by Resolution of Parliament as soon as convenient thereafter; and

(iv)

if not approved by Parliament, be deemed to be rescinded with effect from the date of such resolution, without prejudice to anything previously done thereunder.

s 8Effect of an Order being deemed to be rescinded

Where an Order made under section 2 or section 5 is rescinded as provided for in paragraph (iv) of section 7, the commodity items to which the Orders relate shall become subject to the payment of any tax, duty, levy or cess or other charge imposed in terms of any of the laws specified in the

Schedule to this Act.

s 9Sinhala Text to prevail in case of inconsistency

In the case of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Schedules