2. Section 2 of the Prevention of Social Disabilities Act, No. 21 of 1957, hereinafter referred to as the " principal Act ", is hereby amended as follows: -
| (1) by the renumbering of that section as sub-section (1) of that section; |
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| (2) in the renumbered sub-section (1), by the substitution, for the words "not exceeding six months or to a fine not exceeding one hundred rupees.", of the words " not exceeding three years with or without a fine not exceeding three thousand rupees."; and |
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| (3) by the insertion, immediately after the renumbered sub-section (1), of the following sub-sections: - Provided, however, that upon the conviction of the manager of such business an order cancelling such licence shall not be made unless the proprietor of such business by notice in writing has been given an opportunity of showing cause, within such period as may be specified in the notice, why such order should not be made and unless such proprietor has failed to show cause within such period or has failed to show sufficient cause. | | "(2) Where an offence under this Act is committed on, or in relation to, any premises where any business is carried on under the authority of a licence and the person who is the proprietor or the manager of such business is convicted of such offence, the court by which such person is convicted may, in addition to any other punishment it may lawfully impose for that offence, cancel such licence: | | |
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| (3) Where the licence of a person carrying on any business is cancelled under sub-section (2), such person shall not carry on such business for a period of three years from the date of cancellation and any person who in contravention of the preceding provisions of this sub-section carries on such business shall be guilty of an offence under this Act and shall be liable to imprisonment of either description for a term not less than one month and not exceeding two years or to a fine not exceeding one thousand rupees or to both such imprisonment and fine. |
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| (4) In any prosecution under this Act it shall be presumed that a social disability was imposed on any person by reason of such person's caste and the burden of proving that the social disability was imposed on that person for any other reason shall lie on the person charged. |
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| (5) Notwithstanding anything in the First Schedule to the Criminal Procedure Code an offence under this Act shall be a cognizable offence within the meaning of that Code.". |
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Sri Lanka Consolidated Acts