Promotion of Export Agriculture Act 1992

This Act may be cited as the Promotion of Export

Agriculture Act, No. 46 of 1992.

The Minister may, by Order published in the Gazette, declare the export agricultural crops to which the provisions of this Act shall apply. An export agricultural crop in res-y pect of which an Order under this section has been made is hereinafter referred to as “ a-notified agricultural crop ”.

There may be appointed, by name or by office, for the purposes of this Act, a Director of Export Agriculture

The act of appointment of any Deputy Director or

There may also be appointed such clerical and minor

. Every Deputy Director or Assistant Director of

Every Deputy Director or Assistant Director of Export

From and after the expiration of a period of three’

The Director may require any person registered under this Act as a processor, buyer, possessor or seller of a noti-fied agricultural crop—-

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to maintain records in respect of. such crop in the prescribed form ; and

to furnish to the Director, returns in respect of such crop, at the prescribed intervals and in the pres-cribed form.

The Director may, by notice, require any person to furnish any such information or to produce any such.

No information contained in a return furnished under section 6 and no information furnished or the contents of a document produced in compliance with the terms of a notice issued under this section shall be published or communi-cated by the Director to any other person except with the consent of the person furnishing such return or information, or producing such document, as the case may be, or in the course of the discharge of the functions of the Director.

The Director or any person acting with the written authority of the Director may, for the purpose of this Act enter into or upon any land or building where any notified agricultural crop is processed or stored or which is suitable

. for the cultivation of any export agricultural crop or any vehicle in which any such crop is transported-and make such inspections, surveys and examinations thereon or make such inquiries from any person.found thereon as may be nécessary to ascertain whether the provisions of this Act or any regulation made thereunder are being complied with or the accuracy of any statement made in any return cr information furnished under this Act or the suitability of any such land for the cultivation of any export agricultural crop.

Research ts» export agricultura) crops. -

§. The Director shall be responsible for the conduct of research and training relating to export agricultural crops and the Department of Export Agriculture is hereby desig-hated as a National Agricultural Research Institution.

For the purpose of enabling the Department of

The amount of cess imposed by this section may be varied, or any such cess may be rescinded by Order made by the Minister and published in the Gazette.

Every Order made by the Minister under this section shall, as soon as convenient after its publication in the

This section shall have effect as though it formed part of the Customs Ordinance, and the provisions of that Ordi-nance shall apply accordingly.

The proceeds of the cess recovered under this section shall be paid monthly by the Director-General of Customs to the Director, no part thereof being credited to the

The Director shall be deemed to be a “ preseribed officer” within the meaning of section 105 of the Crown

Lands Ordinance.

Every person who—

processes, has in his possession, transports, buys or sells any export agricultural crop in contravention of section 5;

fails without reasonable cause to maintain any records or to furnish, any return or information - when.

resists or obstructs the Director or any person acting with the written authority of the Director, in the

knowingly makes any false or incorrect statement in

fails to comply with any regulation made under this

Every person who is guilty of an offence under this

Act, shall, on . conviction after summary trial before a

Magistrate, be liable te imprisonment of either description for a period not exceeding three months or to a fine not exceeding five thousand rupees or to both such fine and imprisonment.

Offences by bodies of persons.

. 44. Where any offence under. this Act or any regulations made thereunder is committed by a body of persons, then—-

if that body of persons is a body corporate, every

if that body of persons is a body other than a body corporate, every person who, at the time of the commission of the offence, was a member or partner of that body, shall be deemed to be guilty of such offence unless he proves that such offence was committed without his knowledge or that he exercised all due diligence to prevent the com- —

The Minister may make regulations for or in respect of all or any of the following matters :—

Every regulation made by the Minister under subsec-tion (1) shall be published in the Gazette, and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which fs not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to the vali-dity of anything previously done thereunder.

Notification of the date on which any regulation shall be deemed to be rescinded shall be published in the Gazette.

Wherever in any provision of any written law or any notice, permit, communication, form, or other document is-sued, made, required or authorized by, or under any other written law, the expression “Department of Minor Export

Crops” occurs, there shall be substituted therefor, the ex-documents consequential to the change of designation . of the Department of Minor -

pression “ Department of Export Agriculture” and accord-ingly, wherever in any such provision the expression

“Director of Minor Export Crops” is used, such expression shall be read and construed as a reference to the “ Director |

of Export Agriculture ”.

Every contract, agreement or other instrument or document whatsoever made, issued or executed prior to the date of commencement of this Act by or in favour of the

Director of Minor Export Crops shall be deemed from and after that date, to be and to have been made, issued .or executed, by, or in favour of, the Director of Export Agri-culture.

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- In the event of any inconsistency between the Sinhala -

and Tamil texts of this Act, the Sinhala text shall prevail.

. inconsistency.

Promition of Egport Agriculture

In this Act, unless the context otherwise requires—

- “export agricultural crop” means any perennial crop other than tea, rubber, coconut and cashew, at least fifty per centum of the total annual production of which ‘is exported

;

“ prescribed ” means prescribed by regulations made under this Act.

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