Tea Control (Amendment)Act No. 3 of 1993

Tea Control (Amendment) Act No. 3 o/ 1993 [Certified on 12th February, 1993) L.D.-0. 4/90 AN Ac:r ro AMEND THE TEA CONTROL A£T, No. 51 or 1957 BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as' follows : 1. This Act may be cited as .the Tea Control (Amend- Short title ment) Act, No, 3 of 1993. 2. Section 8 of the Tea Control Act, No. 15 of 1957 (here- Amendment inafter referred to as the ('principal enactment") is hereby <f-.:r:f amended, by the repeal of subsection (2) of that section lQ5'111 ot and substitution, therefor of the following subsection :- · ., "(2) Where the Controller is satisfied, after such inquiry as he may deem necessary: (a) that the building, or equipment, or manner o.f operation, of any tea factory is not of t standard conducive to the manufacture of made tea of good quality ; or (b) that the owner of a tea factory has paid io1 green tea leaf bought by him for manufac ture at such factory a price lower than the reasonable price payable as determined by the Controller having regard to the price fetched for made tea manufactured at that factory; or (c) that the owner of a tea factory has delayed payment of the reasonable price, referred to in paragraph (b) for green tea leaf bought by him for manufacture at that factory: the Controller may suspend or cancel where neces sary, the registration of ~tory or in -u.--c;.a"'"" referred to in paragraph (b) , direct any broker to w horn the owner of such tea factory has sold any made tea manufac tured at that factory, to deduct from the proceeds of such sale, an amount equivalent to the- difference between the reasonable price for green tea leaf as determined by the Controller and the actual price paid by such owner for the green tea leaf bought by him ; Amendment of section 19 of the principal enactment. 2 Tea Control (Amendment) Act No. 3 of 1993 (ii) in any case referred in paragraph (c), direct any broker to w horn the owner of such tea factory has sold any made tea manufac tured at that factory, to deduct from the proceeds of ·such sale, an amount equivalent to the reasonable price determined by the Controller for such green tea leaf, and to remit the sum so deducted to him, for pay ment by him, to the person supplying such green leaf to such factory. ,, 3. Section 19 of the principal enactment is hereby amended as follows : (1) by 'the repeal of subsections (1) and (2) thereof and the substitution therefor of the following sub sections: ·" (1) No licensed dealer shall take delivery, or cause or permit delivery to be taken, of any made tea or green tea leaf which is not the produce of any estate or small holding of which he is the registered proprietor, unless (u) there is furnished to him by the person deliver ing such tea or leaf a valid declaration in respect of such tea or leaf ; and (b) he furniEhes to the person delivering such tea or leaf a valid declaration to the effect that he has accepted such tea or leaf. (2) No manufacturer shall take delivery, or cause or permit delivery to be taken, of any green tea ieaf which is not the produce of any estate oF small holding of which , he is the registered proprietor, unless (a) there is furnished to him by 1.tw oerson deliver ring such tea leaf a valid declaration in r-e~, pect of such tea leaf ; and (b) he furnishes to the person delivering such leaf a valid declaration to the effect that he has accepted such leaf. " ; and Tea Conirot (Amendment) Act,, No,, 3 of 1993 3 (2) in paragraph (b) of subsection (3) thereof, by the substitution for the words "sell or deliver the articles", o the words "eell or deliver or accept the articles ''. 4. Section 37. of the principal enactment is hereby amended in subsection (1) of that section aa follows : (1) by the substitution for paragraph (e) of the following paragraph: '( (e) by the decision of the Commissioner under subsection (2) of section 8, of the suspension or cancellation of the registration of any registered tea factory, " ; and (2) by the substitution for all the words, from '' may ,vithin twenty-eight days " to the end of that sub section, of the following : " may, within twenty-eight days after the communication to such person of the decision, or cancellation or suspension, appeal, in writing, from such decision, cancellation or suspension to the Minister. ". 5. Secion 63 of the principal enactment is hereby amended in subsection (1) thereof, by the omission there from of the definition of the expression " Controller "· 6. Wherever, in any provision of the principal enact ment, the w.rd" Controller "occurs, there shall be substi tuted the word " Commissioner ". 7. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail. Amendment of section 87 of the principal enactment. Amendment of section 63 of the principal enactment, General amendmen1 of the provisions of the principal enactment, Slnbala teX1 to prevail in case of inconsistency. ..