21.
| (1) The Corporation may, with the concurrence of the Minister of Finance, make by-laws for or in respect of all or any of the following matters: -
| | (a) all matters for which by-laws are necessary to enable the Corporation to effectively exercise, discharge and perform its powers, duties and functions under this Act; | | |
| | (b) all matters for which by-laws are necessary for the purpose of carrying out the principles and provisions of this Act; and | | |
| | (c) all matters required to be prescribed under this Act, or for which by-laws are authorized to be made under this Act. | | |
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| (2) Without prejudice to the generality of the powers conferred by sub-section (1), the Corporation may, with the concurrence of the Minister of Finance, make by-laws for or in respect of all or any of the following matters: -
| | (a) the prohibition of the carrying on of the gem industry, (other than the importing of gems into, or the exporting of gems from, Ceylon) except under the authority, or otherwise than in accordance with the terms or conditions. of any licence issued by the Corporation; | | |
| | (b) the making of applications for such licences, and the procedure to be followed for the making and disposal of such applications; | | |
| | (c) the imposition and recovery of fees for the issue of such licences and the renewal of such licences and the levy and recovery of charges in respect of services rendered by the Corporation in the exercise, discharge or performance of its powers, functions or duties under this Act; | | |
| | (d) the circumstances in which applications for such licences may be granted, or refused by the Corporation; | | |
| | (e) the terms and conditions subject to which such licences may be issued, and. the period of validity of such licences; | | |
| | (f) the circumstances in which such licences may be cancelled or suspended by the Corporation; | | |
| | (g) appeals to the Minister of Finance against such refusal, cancellation or suspension; | | |
| | (h) the procedure to be followed for the making and disposal of such appeals; | | |
| | (i) the purchase, and the arrangements to be made for the sale, of gems delivered to the Corporation under the Act; | | |
| | (j) the making of declarations, from time to time, by persons other than the Corporation, carrying on the gem industry of the total value of gems belonging to such persons and the members of their families, if such value exceeds such amount as shall be specified in the by-law; and | | |
| | (k) all other matters connected with or incidental to the matters aforesaid. | | |
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| (3) In particular, but without prejudice to the generality of the powers conferred by sub-section (1) or sub-section (2), by-laws made in respect of the issue of licences may prohibit the issue of such licences until the prospective licensee has, if called upon so to do by the Corporation, furnished to the Corporation, cash security of such an amount, not exceeding the maximum amount prescribed by by-law, as may be determined by the Corporation to be necessary for the purpose of ensuring his compliance with the terms and conditions of his prospective licence, and the provisions of this Act and the by-laws made thereunder. Different amounts of cash security may be demanded by the Corporation from prospective licensees of different classes or descriptions so, however, that the amount so demanded shall not exceed the maximum amount hereinbefore referred to. |
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| (4) By-laws made under this Act in respect of the issue of licences may, inter alia, provide-
| | (a) for the issue by the Corporation of receipts for cash paid as security for the issue of such licences; and | | |
| | (b) for the circumstances in which-
| | | (i) the cash security so paid shall be forfeited in whole or in part to the Corporation; or |
| (ii) the cash security so paid may be refunded in whole or in part to the person entitled thereto. |
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| (5) By-laws made under this Act in respect of the issue of licences may, inter alia, provide for the issue of special licences to carry on only any such trade or business constituting such industry as shall be specified in the licence. |
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| (6) By-laws made under this Act in respect of fees for licences may provide for the imposition of such fees at different rates in the case of licences of different classes or descriptions. |
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| (7) Every by-law made by the Corporation, with the concurrence of the Minister of Finance, shall be published in the Gazette and shall come into operation on the date of such publication, or on such later date as may be specified therein. |
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| (8) Every by-law made by the Corporation with the concurrence of the Minister of Finance shall, as soon as convenient after its publication in the Gazette, be brought before the Senate and the House of Representatives for approval. Any by-law which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to the validity of anything previously done thereunder. |
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Sri Lanka Consolidated Acts