Rubber Replanting Subsidy (Amendment) Act, No. 9 of 1998

Rubber Replanting Subsidy (Amendment) Act, No. 9 of 1998 [Certified on 30th March, 1998] L. D.-0. 75/95. AN Acr To AMEND THE RuBBER REPLANTING SuBslDv Acr BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : 1 . 'This Act may be cited as the Rubber Replanting (Amendment) Subsidy Act, No. 9 of 1998. 2. The long title to the Rubber Replanting Subsidy Act ( Chapter 4 3 7) (hereinafter ref erred to as the "principal enactment") is hereby repealed and the following long title substituted therefor :-: " An Act to provide for the establishment of a Fund for the purpose of subsidising the replanting of rubber estates and rubber smallholdings; the rehabilitation of rubber estates and rubber smallholdings; the processing of raw natural rubber including the purchase of machinery and equipment used in the processing of raw natural rubber; the provision of welfare facilities to rubber smallholders and for mattersconnected therewith or incidental thereto " . .. 3. Section 2 of the principal enactment is hereby amended by the substitution for all the words from the " processing " to the end of that section, of the words "the processing of raw natural rubber, including the purchase of machinery and equipment used in the processing of raw natural rubber and the provision of welfare facilities to rubber smallholders ". 4. Sections 2A and 2e of the principal enactment are hereby repealed. 5 . Section 3 of the principal enactment is hereby amended as follows : (1) in subsection (1) of that section (a) by the repeal of paragraphs (a) and (b) of that subsection ; 2-D 045766-8,SSO (97lfl)) Short title. Replacement of long title to chapter 437. Amendment of section 2 of the principal enactment. Repeal of sections 2A and 2B Ofthe principal enacttnent. AIIIClldnat ef section 3 of the . principal enactment. Amendment of section 7 of the principal enactment. • 2 R11/J/Jer Replanting Subsidy (Amentlmel/f) Act No. 9 of 1998 (b) by the' ' relettering of paragraphs ( c ), (d) and ( e) of that subsection as paragraphs (a), (h) and (c) of that subsection, respectively ; and ( c) fo the relettered paragraph (I,) of that subsection by the substitution for the words " all export duties ", of the word " cess " ; (d) by the. ~u~~titution, in the relettered paragraph ( c) of that subsection for all the words from " advanced " to the end of that paragraph, of the words "voted to the fund by, Parliament; " ; and (2) in subsection (2) of mat section (a) by the substitution, in paragraph (a) of that subsection for all the words from u and the processing " to the end of that paragraph of the words, "the processing of raw natural rµbber, · inc.luding the purchase of machinery and equipment used in the processing of raw natural rubber and the provision of welfare facilities to rubber smallholders ; " ; ' (h) by the .substitution, in paragraph ( c )of that subsection 1 for the words " dependants ; and " of the words, "dependants ; " ; (c) by the substitutimfin paragraph (d) of that subsection for the words " this Act ", of the words " this Act; and "; (ti) by the addition immediately after paragraph (d) of that subsection, of the following new paragraph "( e) such amounts as are authorized by regulations to be paid as rebate to persons who are not entitled to receive any subsidy payments under this Act for replanting of rubber estates.". 6 . Section 7 of the principal enactment is hereby amended as follows : (I) by the repeal of subsection ( 1) of that section and the substitution therefor, of the following subsection : "( 1) There shall be charged, levied and paid a cess, at such rate as may be determined by a resolution of Parliament, for every kilogramme of raw natural rubber exported from Sri Lanka. " ; Rubber Replanting Subsidy (Amandment) 3 Act, No. 9of 1998 (2) by the repeal of subsections (2), (3) and ( 4) of that section ; (3) by the renumbering of subsections ( 6) and (7) of that section as subsections (2) and (3) respectively of that section ; · ( 4) in the renumbered subsection (2) of that section by the substitution for the words " export ~uties '' of the word "cesses". (5) in the renumbered subsection (3) of that section, by the substitution for the words "export duties" and " Principal Collector of Customs ", of the words " cesses " and " DirectorLGeneral of Customs " respectively. ( 6) by the substitution for the marginal note to that section of the following marginal note : " Levy of cess for providiq the fund with income. " . 7. Section 8 of the princjpal enactment is hereby amended as follows : (I) in subsection (2).of that section (a) in paragraph (a) of that subsection by the substitution for aH the words from the words "and the processing" to the end of that paragraph, of the words "the processing of raw natural rubber, including the purchase of 'machinery and equipment used in the processing of raw natural rubber and the provision of welfare facilities to rubber smallholders " ; (b) -in paragraph (c) of that subsection by the substitution for the words " from the fund " of the words " from the fund'; and " ; Am~ndment of section 8 of the principal enactment. 4 Rubbtr Replonling SMbsidJ, [Amendment) Act, No. 9 of -}.998 (c) by the addition.immediately after paragraph (c) of that subsection of the following new paragraph : "( d) specify·the amounts to be paid by way of rebate· to persons Who are not entitled to receive subsidy payment ;" ; (2) in subsection (3) of that section . (4):Jn paragraph (b). of that sµb~ection, by the substitution, for all the words from the words "one thousand" to the end of that. paragraph, of the words "five thousand rupees or a term of imprisonment of either 4e~cription not exceeding six months or to both such tine and itnprisonment;" and (b) by the .~ tip. ·,imedi~te~y after paragraph (b) of that subsection of the following new paragraph: "( c) provided that the amount paid by the ~ubber Controller, to any person under any su~ scheme by way of subsidy. cost of planting material, fertilizer or other inputs not repaid, may be recovered in the same manner as a fine imposed by the Court and a certificate iss,~~d by the Rubber Controller to the effect that any person has abandoned a smallholding after obtaining one or more subsidy instalments and has not repaid such instalments shall be admissible as proof of such fact.". Amendment of 8. Secti~~ 13 of ~he principal' enactment is hereby section 13 of the amended as fallows : principal enactment. • · (I) by the insertion immediately after the definition of the expressio:11 ,"Fund". of the fo~lowing new definitions ;~ ' " person ., includes a body of persons ; " raw natural rubber " means all natural rubber classified under the H. S. Heading 40.01 of · Customs Notification ·(RPO) Net 91/1 1 and published in Gazette Extraordinary No. 682/16 of October l, 1991 C,6 : at.d Rubber Replanting Subsidy {Amendment) 5 Act, No. 9 oj 1998 (2) by the repeal of the definition of the expression "Rubber Controller", and the substitution therefor of the following definition : ' "'Rubber Controller" means the Rubber Controller appointed or deemed to have been appointed under the Rubber Control Act and includes the Director-General of the Rubber Development Department ; ' . 9 . In the event of any inconsistency between the' Sinha)a and Tamil texts of this Act, the Sinhala text shall prevail. Sinhala text to prevail in case of inconsiskncy.