5.
| (1)
| | (a) If the authority by whom a licence has been issued to any trader in any article is satisfied that such trader has contravened any of the provisions of this Act or of any regulations made thereunder, or | | |
| | (b) if it is reported to such authority by the Commissioner of Inland Revenue, the Exchange Controller, the Principal Collector of Customs, the Controller of Imports and Exports, the Director of Commerce or any other Head of a Government Department that such trader has contravened the provisions of any written law administered by any of the aforesaid persons and such authority is satisfied that such report discloses conduct on the part of such trader which in the opinion of such authority is contrary to the maintenance of business standards or morality, or | | |
| | (c) if it is reported to such authority by any court, commercial bank, diplomatic mission or any Head of a Government Department that such trader has failed to maintain standards in the quality or quantity of any goods exported from, or imported into, Ceylon, or that such trader has failed to discharge any obligations arising from any commercial dealing or transaction without cause and such authority is satisfied that such failure on the part of such trader is in the opinion of such authority contrary to the maintenance of business standards or morality, or | | |
| | (d) if such authority is satisfied on information supplied by any member of the public that suck trader has acted or is acting in contravention of any provision of this Act, the Control of Prices Act, or the Food Control Act, | | |
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| (2) No punitive order shall be made against any trader in any article except after notice to him to show cause, within such period as may be specified in the notice, why such order should not be made, and except on his failing to show cause within such period or on his not showing sufficient cause. |
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| (3) Any trader against whom a punitive order is made may appeal against it to a Tribunal of Appeal constituted under section 6 before the expiry of a period of twenty-one days after the date on which such order is communicated to that trader by or on behalf of the authority by whom such order was made. |
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| (4) Every appeal under subsection (3) shall-
| | | (b) set out a brief statement of the punitive order against which the appeal is preferred and the reasons urged by the appellant in support of the appeal; and | | |
| | (c) be despatched by registered post to, or delivered by hand at, the office of the authority by whom such order was made. | | |
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| (5) No punitive order shall come into force-
| | (a) before the expiry of the period within which an appeal against such order may be preferred under subsection (3); or | | |
| | (b) during the pendency of such an appeal; or | | |
| | (c) before the expiry of the period within which an appeal against an order of the Tribunal of Appeal may be preferred to the Supreme Court; or | | |
| | (d) during the pendency of an appeal from the order of the Tribunal of Appeal to the Supreme Court. | | |
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| (6) Any notice required to be given, or any order required to be communicated, under the preceding provisions of this section shall be deemed to have been served or communicated after the expiry of a period of two days reckoned after the date of despatch of such notice or order by letter sent by registered post to his usual place of business or residence. |
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| (7) Where any trader refuses or fails to pay into the Consolidated Fund of Ceylon any sum which he has been required so to pay by a punitive order under subsection (1), such sum may be recovered from him by the authority who issued the licence to him, upon application made by that authority to the Magistrate's Court having jurisdiction over the last known place of business or residence of that trader, in like manner as a fine imposed by that Court notwithstanding that such sum may exceed the amount of the fine which that Court may in the exercise of its ordinary jurisdiction impose: |
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Sri Lanka Consolidated Acts