Promotion of Export Agriculture Act, (No. 46 of 1992)

Promotion of Export Agriculture Act, No. 46 of 1992 [Certified on 22 September, 19921 L. D.--o. 47/69. ’ AN ACT TOPROVIDEFORTHEPROMOTIONOFEXPORTAG~C~T~ A.ND THE REDESIGNATION OF THE DEPARTMENT OF MINOR EXPORTCROPS: ASTHEDEP:WTMENTOFEXPORTAGRZCULTURE; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. BE it enacted by the Parliament of the Democratic Socialist Bepublic of Sri Lanka as follows :-1. This Act may be cited as the Promotion of Export Short title. Agriculture -4ct, No. 46 of 1992. 2. The Minister may, by Order published in the Gazette, declare the export agricultural crops to which the provisions ~fffi~~~ e of this Act shall apply. An export agricultural crop in res-pect of which an Order under this section has been made is hereinafter referred to as “ a notified agricultural crop “. 3 . (1) There may be appointed, by name or by office, for Appointment the purposes of this Act, a Director of Export Agriculture $.,$~~~nts. (hereinafter referred to as the “ Director “) and such mu-n-ber of Deputy Directors and Assistant Directors of Export Agriculture and other officers as may be necessary. (2) The act of appointment of any Deputy Director or Assistant Director of Export Agriculture shall specify whe-ther he is appointed as such for the whole of Sri Lanka or for any part thereof. I (3) There may also be appointed such clerical and minor staff as may be necessary to assist the aforesaid officers in the administration of this Act. 4. (1) Every Deputy Director or Assistant Director of powers and Export Agriculture shall, in the exercise of his powers, the performance of his dut!es or the discharge of his functions, ~$~~~sof be subject to the general direction and control of the Director. (2) Every Deputy Director or Assistant Director of Export Agriculture may, subject to the general direction and control of the Director, within the area for which he is appointed, exercise, perform or discharge all or any of the powers, duties or functions conferred or imposed on, or assigned to, the Director by or under this Act. 2-D 021988-6980 (92/03).2 Promotion of Export Agriculture Act, No. 46 of 1992 Registration 5. (1) From and after the expiration of a period of three af dealers in export months from the date on which an Order under section 2 a&cultural is made in respect of an export agricultural crop, no person “rqx. shall-( u) engage in the primary processing of such crop ; or (b) engage in the wholesale purchase or sale, whether on his own account or as a broker or commission agent, of such crop either in the raw or processed form ; or (c) have in his possession or transport a quantity of such crop either in the raw or processed form in excess of the prescribed quantity, unless such person is registered for the purpose of this Act with the Director. Jn prescribing the quantity for the purpose of paragraph (c) regard shall be had to the re?nable requirements bf the consumers of -such crop. (2) (a) An applicatiomr for registration shall be made to the Director in the prescribed manner and in the prescribed form, x-d sha3 be aceompar4ed by the prescribed fee. (b) The Director shall issue to every person registered under this Act a certificate of registration in the prescribed form. Power to require maintenance of records and the furnishing of returns. Powers of Director to call for infor,mation. 6. The Director may require any person registered under this Act as a processor, b:lyer, possessor or seller of a noti-fied agricultural crop-( a) to maintain records in respect of such crop in the prescribed form ; and (b ) to furnish to the Director, returns in respect of such crop, at the prescribed intervals and in the pres-cribed form. 7. (1) The Director may, by notice, require any person to furnish any such information or to produce any such document as the Director may consider necessary for the exercise of his powers or the discharge of his functions under this Act, and it shall be the duty of any person who receives such notice to comply with the terms of such notice:.Promotion of Export Agriculture 4ct, No. 46 of 1992 3 Provided, however, that nothing in this subsection shall be read and construed as enabling the Director by notice to require any person to furnish any information or to pro-duce any, document, if the disclosure of such information or the production of such document by such person is prohi-bited by any provision of law. (2) Ho information contained in a return furnished under section 8 and no information furnished or the contents of a doctiment 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 infokatian, or producing such document, as the case may be, or in the course of the discharge of the functions of the Director. ’ S. 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, s&veys and examinations thereon or make such inquiries fr’om any person found thereon as may be necessary 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 GY information furnished under this Act or the suitability of any such land for the cultivation of any export agricultural crop. Power of Director w enter and inspeclr laqd3. or bdl’” notified agricultural crops am crrocessed 5 or stored. 9. The Director shall be responsible for the conduct of Research !B research and training relating to export agricultural ‘crops expoti agricultWti and the Department of Export Agriculture is hereby desig- Cl-Opt. nated as a National Agricultural Research Institution. 10. (1) For the purpose of enabling the Department df Levy 01 Export Agriculture to discharge its research and develop- FoTSo$ ment functions, there shall be charged, levied and paia, %!ricult~~ in addition to any tax or export duty imposed under any “Tp”* written law other than this Act, a cess called the Export Agriculture Cess ic respect of every notified agricultural crop, in such manner and of such amount, as may be deter-mined by the Minister by Order published in the Gazette, made with the concurrence of the Minister in charge of the subject of Finance..Dirti deemed to bea pre,srcribed officer under the c$zzzilzds ofkmcea. 4 Promotion of Export Agriculture Act, No. 46 of 1992 (2) 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. (3) Every Order made by the Minister under this section shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any such Order which is not so approved shall be deemed to be revoked as from the date of its disapproval but ‘without prejudice to the validity of anything previously done there-under. (4) This section shall have effect as though it formed part of the Customs Ordinance, and the provisions of that Ordi-nance shall apply accordingly. (5) The proceeds of the cess recovered under this section shall be paid Smonthly by the Director-General ‘of Customs to the Director, no pnrt thereof being credited to the Consolidated Fund. ’ 11. The Director shall be deemed to be a “prescribed officer ” within the meaning of section 105 of the Crown Lands Ordinance. 12. Every person who-( a) processes, has in his possession, transports, buys or sells any export agricultural crop in contravention j of section 5 ; (b) fails without reasonable cause to maintain any records or to furnish any return or information when required to do so by the Direct& under section 6 or section 7 ; (c) resists or obstructs the Director or any person acting with the written authority of the Director, in the exercise of his powers under section 8 ; (d) knowingly makes any false or incorrect statement in any record .maintained by him under section 6, or fn any return or information furnished by him under section 6 or section 7 ; or.Promotion of Expmt Agriculture Act, No. 46 of 1992 ‘ 3 (e) fails to comply with any regulation made under this A& shall be guilty of an offence under this Act. 13. Every person who is guilty of an‘ offence under this Penaltie& Act, shall, on conviction after summary trial before a Magistrate, be liable tc 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. 14. Where any offence under this Act or any regulations Off~cea made thereunder is committed by a body of persons, then- by bodies of perumu. (a) if that body of persons is a body corporate, every person who at the time of the commission of the of%enee was a dire&r or oi&cr of that body corpo-rate ; or c ’ (b) if that body of persons is a body other than a body corporate, every person who, at the time of the commission of the obence, 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-mission of such offence.  15. (1) The Minister may make regulations for . or in Regula~ons, respect of all or any of the following matters : -( a) prescribing the form of contracts to be entered into with growers of notified agricultural crops, for the growing of such crops ; (b) prodding for extension services for growers of noti-fied agricultural crops ; (c) providing for schemes for the grant of subsidies and I. other assistance, financial or otherwise, to persons who cultivate and process notfied agricultural crops ; (d) providing for schemes for the training of persons in the cul$ivatiqn, processing and marketing of noti-fied agricultural~crops and for the dissemination of information relating to the ‘cultivation, processing and ,marketing of such crops ; ’.Amendments in ‘written law and documents consequential to th6 change of %fiFon Department of Minor zg Savings for contracts. &cc. SinhaL text to prevail in case of inconsistency. 6 Promotion of Export Agricdture Act, No. 46 of 1992 (e) prescribing the standards of quality to which notified : agricultural crops shall conform; (f) providing for any matter which is required to be pres- I cribed under this Act, or in respect of which regu- ’ lations are authorized to be made under this Act. 1 (2) Every regulation made by the Minister under subset- ’ 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. (3) 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 is 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. (4) Notification of the date on which any regulation shall be deemed to be rescinded shall be published in the Gazette. 16. 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-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 “. 17. Every contract, agreement or otheir 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. 7 18. In the event of any inconsistency between the Sinhala, and Tamil texts of this Act, the Sinhala text shall prevail..Prorn$tiorL of Export Agriculture 7 Act, No. 46 of 1992 19. In,this Act, unless the context otherwise requires- ::ti’re - :! ‘I export agricultural crop ” means any perennial crop s . other th? tea, rubber, coconut and cashew, at least fifty per centu?jL of the total annual production of which is exported ; “ prescribed ” means preskribed by regulations made under this Act.