INCREASE OF FINES ACT

Arrangement of Sections

1. Short title.

2. Amendment of certain laws set out in the First and Second Schedule.

3. Magistrate's Court to have jurisdiction notwithstanding section 11 and 14 of the Code of Criminal Procedure Act, No. 15 of 1979.

4. Act not to apply in respect of offences already committed.

5. Sinhala text to prevail in the event of inconsistency.

SCHEDULES

12 of 2005.

AN ACT to provide for the increase of fines imposed for offences committed under certain laws and for matters connected therewith or incidental thereto.

[Date of Commencement: 11th May, 2005]

1. Short title.

This Act may be cited as the Increase of Fines Act.

2. Amendment of certain laws set out in the First and Second Schedule.

(1) For the purpose of increasing fines imposed under certain laws—

(a) the laws set out in Column I of the First Schedule to this Act, are hereby amended in the manner set out in the corresponding entry in Column II of that Schedule; and

(b) the laws set out in Column I of the Second Schedule to this Act, are hereby amended by the substitution for the words set out in Column II of that Schedule wherever those words may appear in any such law, of the words set out in the corresponding entry in Column III.

(2) The amendments made to section 153, 156 and 166 set out in the Second Schedule to the Motor Traffic Act, as last amended by Act, No. 40 of 1984, by paragraph (a) of subsection (1) of this section and referred to in the First Schedule to this Act, shall come into force on January 01, 2006.

3. Magistrate's Court to have jurisdiction notwithstanding section 11 and 14 of the Code of Criminal Procedure.

Notwithstanding anything to the contrary contained in sections 11 and 14 of the Code of Criminal Procedure Act, No. 15 of 1979, the Magistrate's Court shall have jurisdiction to try offences committed under any of the sections set out in the First Schedule and any of the sections which contains the words set out in the Second Schedule to this Act, and to impose the fine as provided for therein for such offences.

4. Act not to apply in respect of offences already committed.

For the avoidance of doubt, it is hereby declared that the provisions of section 2 of this Act shall not apply in respect of an offence committed under any section referred to on the First Schedule or under any law referred to in the Second Schedule to this Act, where such offence was committed prior to the coming into operation of this Act.

5. Sinhala text to prevail in the event of inconsistency.

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

SCHEDULES

first schedule

[Section 2(a)]

Column I

Column II

Title of the Law

Amendments

Adoption of Children's Ordinance, as amended by Act, No. 15 of 1992.

1. In section 14, by the substitution for the words "to a fine not exceeding ten thousand rupees”, of the words "to a fine not less than twenty-five thousand rupees and not exceeding fifty thousand rupees”.

 

2. Ins subsection (1) of section 27, by the substitution for the words "to a fine not exceeding five hundred rupees”, of

 

the words "to a fine not less than two thousand rupees and not exceeding five thousand rupees”.

 

 

3. In subsection (2) of section 27A, by the substitution for the words "to a fine not exceeding twenty thousand rupees”, of the words "to a fine not less than fifty thousand rupees and not exceeding one hundred thousand rupees”.

Antiquities Ordinance, as last amended by Act, No. 24 of 1998.

1. In subsection (1) of section 15, by the substitution for the words "to a fine not exceeding one thousand rupees”, of the words to a fine not less than fifty thousand rupees and not exceeding two hundred and fifty thousand rupees”.

 

2. In section 15, by the substitution for the words "to a fine not exceeding fifty thousand rupees”, of the words "to a fine not less than twenty five thousand rupees and not exceeding two hundred and fifty thousand rupees”.

 

3. In section 15B, by the substitution for the words "to a fine not exceeding fifty thousand rupees”, of the words to a fine not less than twenty five thousand rupees and not exceeding two hundred and fifty thousand rupees”.

 

4. In section 31, by the substitution for the words "to a fine not exceeding fifty thousand rupees”, of the words to a fine not less than fifty thousand rupees and not exceeding two hundred and fifty thousand rupees”.

 

5. In section 32, by the substitution for the words "to a fine not exceeding fifty thousand rupees”, of the words to a fine not less than fifty thousand rupees and not exceeding two hundred and fifty thousand rupees”.

 

6. In section 34, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding five thousand rupees”.

 

7. In section 44, by the substitution for the words "to a fine not exceeding fifty thousand rupees”, of the words "to a fine not less than fifty thousand rupees and not exceeding two hundred and fifty thousand rupees”.

Betting and Gaming Levy Act, No. 40 of 1988, as last amended by Act, No. 23 of 2003.

1. In section (1), of section 5, by the substitution for the words "to a fine not exceeding ten thousand rupees”, of the words "to a fine not less than twenty five thousand rupees and not exceeding one hundred thousand rupees”.

Betting on Horse-Racing Ordinance.

1. In paragraph (a) of subsection (2) of section 11, by the substitution for the words "to a fine not exceeding one thousand rupees”, of the words "to a fine not less than ten thousand rupees and not exceeding fifty thousand rupees”.

 

2. In paragraph (b) of subsection (2) of section 11, by the substitution for the words "to a fine not exceeding two thousand rupees”, of the words "to a fine not less than twenty thousand rupees and not exceeding one hundred thousand rupees”.

Births and Deaths Registration Act, as last amended by Act, No. 1 of 1993.

1. In subsection (1) of section 64, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding two thousand rupees”.

 

2. In section 65, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine

 

not less than one thousand rupees and not exceeding two thousand rupees”.

 

3. In section 66, by the substitution for the words "to a fine not exceeding three hundred rupees”, of the words "to a fine not less than five thousand rupees and not exceeding ten thousand rupees”.

 

4. In section 67, by the substitution for the words "to a fine not exceeding five thousand rupees”, of the words "to a fine not less than twenty five thousand rupees and not exceeding fifty thousand rupees”.

 

5. In subsection (1) of section 68, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding two thousand rupees”.

Brothels Ordinance

1. In paragraph (i) section 2, by the substitution for the words "to a penalty not exceeding five thousand rupees”, of the words "to a penalty not less than fifty thousand rupees and not exceeding two hundred and fifty thousand rupees”.

 

2. In paragraph (ii) of section 2, by the substitution for the words "to a penalty not exceeding one thousand rupees”, of the words "to a penalty not less than seventy five thousand rupees and not exceeding three hundred and fifty thousand rupees”.

Butchers Ordinance, as last amended by Act, No. 60 of 1981.

1. In subsection (2) of section 4, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than two thousand rupees and not exceeding twenty hundred rupees”.

 

2. In subsection (2) of section 13A, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding two thousand rupees”.

 

3. In section 16, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than two thousand rupees and not exceeding five hundred rupees”.

 

4. In subsection (2) of section 17, by the substitution for the words "to a fine not exceeding fifty rupees”, of the words "to a fine not less than one thousand rupees and not exceeding three thousand rupees”.

 

5. In section 20, by the substitution for the words "to a fine not exceeding two hundred rupees”, of the words "to a fine not less than two thousand rupees and not exceeding twenty thousand rupees”.

 

6. In section 22, by the substitution for the words "to a fine not exceeding fifty rupees”, of the words "to a fine not less than one thousand rupees and not exceeding two thousand rupees”.

 

7. In section 23, by the substitution for the words "to a fine not exceeding fifty rupees”, of the words "to a fine not less than one thousand rupees and not exceeding two thousand rupees”.

 

8. In subsection (1) of section 24, by the substitution for the words "to a fine not exceeding three hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding two thousand rupees”.

 

9. In section 29, by the substitution for the words "to a fine not exceeding fifty rupees”, of the words "to a fine not less than one thousand rupees and not exceeding two thousand rupees”.

Cemetries and Burials Ordinance.

1. In section 7, by the substitution for the words "to a fine not exceeding one thousand rupees”, of the words "to a fine not less than two thousand rupees and not exceeding five thousand rupees”.

 

2. In section 12, by the substitution for the words "to a fine not exceeding two hundred rupees”, of the words "to a fine not less than two thousand rupees and not exceeding five thousand rupees”.

 

3. In section 18, by the substitution for the words "to a fine not exceeding three hundred rupees”, of the words "to a fine not less than three thousand rupees and not exceeding five thousand rupees”.

 

4. In section 28, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding five thousand rupees”.

 

5. In section 29, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding two thousand rupees”.

 

6. In section 30, by the substitution for the words "to a fine not exceeding one hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding three thousand rupees”.

 

7. In section 32, by the substitution for the words "to a fine not exceeding three hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding three thousand rupees”.

 

8. In section 35, by the substitution for the words "to a fine not exceeding three hundred rupees”, of the words "to a fine not less than one thousand rupees and not exceeding three thousand rupees”.

 

9. In section 41, by the substitution for the words "to a fine not exceeding three hundred rupees”, and for the words "a further fine not exceeding one hundred rupees for each day”, of the words "to a fine not less than two thousand rupees and not exceeding five thousand rupees”, and of the words "a further fine of five hundred rupees for each day”.

Cosmetics, Devices and Drugs Act, No. 27 of 1980, as last amended by Act, No. 12 of 1993.

1. In paragraph (a) of subsection (1) section 26, by the substitution for the words "to a fine not exceeding five thousand rupees”, of the words "to a fine not less than ten thousand rupees and not exceeding fifty thousand rupees”.

 

2. In paragraph (b) of subsection (1) section 26, by the substitution for the words "to a fine not exceeding one thousand rupees”, of the words "to a fine not less than five thousand rupees and not exceeding fifty thousand rupees”.

 

3. In paragraph (b) (ii) of subsection (1) section 26, by the substitution for the words "to a fine not exceeding two thousand rupees”, of the words "to a fine not less than ten thousand rupees and not exceeding one hundred thousand rupees”.

Excise Ordinance, as last amended by Act, No. 7 of 1996.

1. In subsection (2) of section 35, by the substitution for the words "to a fine not exceeding five thousand rupees”, of the words "to a fine not less than five thousand rupees and not exceeding twenty five thousand rupees”.

 

2. In subsection (1) of section 47, by the substitution for the words "to a fine which may extend to one hundred thousand rupees”, of the words "to a fine not less than five thousand rupees and not exceeding one hundred and twenty five thousand rupees”.

 

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