Sri Lanka Consolidated Acts

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Municipal Councils And Urban Councils (Amendment) Act (No. 61 of 1981) - Sect 15

Insertion of new section 128A in the principal enactment

15. The following new section is hereby inserted immediately after section 128, and shall have effect as section 123A, of the principal enactment:
128A
(1) Where a person convicted by any court for the offence of using any premises for any trade or business without a licence issued in that behalf under this Ordinance or under any by-law made thereunder, continues to use such premises without a licence for such trade or business, whether by himself or by any other person on his behalf, a Magistrate may, upon an application for a closure order made by the Chairman, Secretary or any officer authorized in that behalf by such Chairman or Secretary, as the case may be, order the closure of such trade or business at such premises, until such time such person obtains a licence from the Council.
(2) In any proceedings under subsection (1) a certificate issued by the Chairman, Secretary or any officer authorized in that behalf by such Chairman or Secretary, as the case may be, setting out that the person mentioned in the certificate, continues to use such premises without obtaining a licence for any trade or business shall be prima facie evidence of the matters stated therein.
(3) In any case where such person fails to comply with the closure order issued under subsection (1) the Magistrate shall forthwith order the Fiscal of the court requiring and authorizing such Fiscal before a date specified in such order not being a date earlier than three or later than seven clear days from the date of issue of such order, to close any trade or business at such premises. Such order shall be sufficient authority for the said Fiscal or any police officer authorized by him in that behalf, to enter the premises with such assistants as the Fiscal or such officer shall deem necessary to close any trade or business at such premises.".


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