INDUSTRIAL PRODUCTS ACT

Arrangement of Sections

1. Short title.

2. Appointment of Controller and other officers.

3. The Industrial Products Regulation Board.

4. Functions of the board.

5. Declaration that articles are industrial products.

6. Power of the Controller to call for returns relating to industrial products.

7. Application for registration as manufacturer or stockiest of an industrial product.

8. Application of Act to specified industrial products by Order of Minister.

9. Notification of standard grade price.

10. Implementation of regulated product prohibited except under licence.

11. Application for import licence

12. Payment for prescribed quantity of local product a condition precedent to issue of import licence.

13. Coupon for proportionate quantity of local product paid for by importer.

14. Power of the Controller to undertake the disposal of local product.

15. Stocks of local product undertaken to be disposed of by the Controller may be sold by the owner by private treaty.

16. Coupons to be exchanged for delivery warrants.

17. Delivery of local product by or on behalf of the registered manufacturer or stockist.

18. Controller authorised to issue multiple delivery warrant and to vary standard grade.

18A. Refund of payment or release of security when local product is not available.

19. Power of Controller to ask for information from registered manufacturers or stockist.

20. Verification.

21. Offences.

22. Payment to the Consolidated.

23. Regulations.

24. Interpretation.

25. Construction of Act.

18 of 1949,
53 of 1956,
69 of 1961.

AN ACT to facilitate the sale of the Industrial Products of Sri Lanka by regulating the importation of industrial commodities from abroad.

[Date of Commencement: 21st November, 1949]

1. Short title.

This Act may be cited as the Industrial Products Act.

2. Appointment of Controller and other officers.

(1) There may be appointed, by name or by office, a Controller of Industrial Products, a Deputy Controller of Industrial Products, and such number of Assistant Controllers of Industrial Products and other officers as may be necessary for the purposes of this Act.

(2) The Deputy Controller and each Assistant Controller shall, subject to the directions of the Controller, exercise all or any of the powers vested in the Controller by this Act.

3. The Industrial Products Regulation Board.

(1) There shall be established an "Industrial Products Regulation Board” consisting of the Controller who shall be the ex-officio chairman of the board, and not more than five other members appointed by the Minister.

(2) Subject as hereinafter provided, each member of the board shall ordinarily hold office for a period of three years unless he is appointed to be a member of the board for some shorter period;

Provided that any member or members of the board may at any time resign from the board or be removed therefrom by order of the Minister.

(3) Regulations may be made providing for the conduct of the business of the board and the procedure to be observed at meetings of the board;

Provided that the board may regulate its own procedure in any matter not provided for by regulation.

(4) Where the board has by resolution determined that information on any matter is necessary for the purposes of this Act, the chairman of the board may, at any time after the passing of such resolution, exercise in respect of any such matter any power conferred on the Director of Statistics by or under the Statistics Ordinance; and that Ordinance shall, for such purpose, be read and construed, and shall have effect, as though—

(a) such matter were a matter to which the provisions of that Ordinance have been duly applied by Order under section 2 of that Ordinance;

(b) any reference in that Ordinance to the Bureau of Statistics were a reference to the board; and

(c) any reference in that Ordinance to the Director of Statistics were a reference to the chairman of die board.

4. Functions of the board.

(1) It shall be the duty of the board to discharge such functions as are assigned to the board under this Act and to advise the Minister from time to time on the following matters—

(a) the articles or commodities which shall be declared industrial products by Order under section 5, the industrial products to which the provisions of this Act shall be applied by Order under section 8, and all matters required to be prescribed by Notification under section 9;

(b) any other matter referred by the Minister to the board for advice.

(2) The board shall also perform such functions, discharge such duties, and exercise such powers, as may be assigned or entrusted to or vested in the board by this Act or by any regulation.

5. Declaration that articles are industrial products.

The Minister, after consulting the board, may from time to time declare by Order published in the Gazette that any article or commodity specified in the Order shall be an industrial product for the purposes of this Act.

6. Power of the Controller to call for returns relating to industrial products.

The Controller may from time to time, by notification published in the Gazette, require every person who manufactures any industrial product specified in any Order published under section 5, or has in his possession or under his control any such industrial product, to furnish a return containing such particulars as the Controller may require relating to the quantities, description and grade of that industrial product manufactured, purchased or sold by him during such period as may be specified by the Controller, and to the stocks of that industrial product in his possession or under his control at the date on which the return is made.

7. Application for registration as manufacturer or stockiest of an industrial product.

(1) Any person who has furnished a return relating to any industrial product under section 6 may apply to the Controller for registration as a manufacturer or as a stockist of that industrial product.

(2) Every application for registration as a manufacturer or as a stockist of an industrial product shall be made in the prescribed form and shall contain a declaration by the applicant that the particulars stated in the application are, to the best of his knowledge and belief, true and accurate.

(3) Where the Controller is satisfied that the particulars stated in any application for registration are true and accurate and that the quality of the industrial product manufactured or stocked by the applicant is of reasonable standard, he shall register the applicant as a manufacturer or as a stockist of that industrial product and shall issue to the applicant a certificate of registration in the prescribed form. Every person to whom a certificate of registration is issued is hereinafter referred to as a registered manufacturer or as a registered stockist.

8. Application of Act to specified industrial products by Order of Minister.

(1) The Minister, after consulting the board, may, by Order published in the Gazette, apply the provisions of this Act, with effect from a specified date, to any industrial product specified in that Order, and may, in like manner, vary or revoke any such Order.

(2) An industrial product specified in an Order under subsection (1) is hereinafter referred to as a "regulated product” and shall continue to be a regulated product for the purposes of this act until that Order is revoked as hereinbefore provided.

(3) Every Order shall, in addition, specify the local product which an importer must purchase in order to obtain a licence to import the regulated product.

(4) An Order may be made in respect of any industrial product notwithstanding the revocation of any previous Order made in respect of the same product.

9. Notification of standard grade price.

(1) The Minister, after consulting the board, may, by Notification published in the Gazette, prescribe—

(a) the ratio for determining the quantity of the local product which an importer must purchase in order to obtain a licence to import a specified quantity of the regulated product;

(b) the price at which a specified grade of the local product will be sold to an applicant for a licence to import the regulated product.

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