6. The following new Part is hereby inserted, immediately after Part III of the principal enactment and shall have effect as Part IIIA of that enactment: "PART IIIA ISSUE OF LICENCES AND REGISTRATION
| 32A.
| | (1) On or after the relevant date no person shall possess or use any radio receiving set except under the authority of a licence issued in that behalf by the Corporation. | | |
| | (2) The requirements of subsection (1) shall not apply -
| | | (a) to the possession and use of a radio receiving set by any person at a school, a Higher Educational Institution or other institution which the Minister may specify by Order published in the Gazette, for the purposes of this section, having regard to the fact that social or educational activities of benefit to the community are being carried on at such institution , |
| (b) to the possession and use of a radio receiving set by any importer, seller, manufacturer or an assembler of radio receiving sets who is registered and holds a Certificate of Registration issued tinder section 32N of this Act, in the course of his business as such importer, seller, manufacturer or assembler ; |
| (c) to the possession and use of a radio receiving set by a repairer of radio receiving sets in the course of his business as such repairer; |
| (d) to use by any person, of a radio receiving set with the permission, express or implied, or on the instructions, of the holder of a licence issued under this part in respect of that set at the premises specified in the licence ; |
| (e) to the possession and use of a radio receiving set by any person employed in the Corporation or in any private broadcasting station established and maintained under a licence issued by the Minister under section 44 for the purposes of the Corporation of that station. |
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| | (3)
| | | (a) Where the Minister considers that several radio receiving sets are likely to be used in any category of premises, he may, by Order published in the Gazette, declare that the provisions of this section shall apply in respect of that category of premises. |
| (b) The owner of any premises included in a category of premises to which this section applies, may in lieu of applying for a licence in respect of every radio receiving set installed in such premises, apply for a licence in respect of these premises. Every application made under this subsection shall be accompanied by the prescribed fee. Different fees may be prescribed in respect of different category of premises, having regard to the number of radio receiving sets likely to be used in that category of premises. |
| (c) The provisions of section 32C, 32D, 32E and 32F shall, mutatis mutandis, apply to, and in relation to, the application for, the issue and renewal of, licences issued under subsection (2). |
| (d) Where a licence issued under this section in respect of any premises is in force, the possession and use of a radio receiving set by any person on such premises shall be deemed to be under the authority of a licence issued under section 32C. |
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| 32B. Notwithstanding the provisions of section 32A, any person who immediately prior to the relevant date was having in his possession a radio receiving set, shall be entitled to possess and use such radio receiving set, without a licence in that behalf for a period of three months commencing from the relevant date. |
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| 32C.
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(1) The Corporation or any agent shall, on application made therefore, in such form as may be prescribed, containing the prescribed particulars, and on payment of the prescribed fee, issue a licence in respect of a radio receiving set, authorizing the applicant to possess and use such radio receiving set.
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| | (2) Every application for a licence in respect of any radio receiving set under this Part, shall be made to the Corporation or any agent, in the prescribed form and shall contain the prescribed particulars. | | |
| | (3) Every licence issued under this Part shall be -
| | | (a) in such form as may be prescribed; |
| (b) valid for a period of one year ; and |
| (c) renewable after the expiration of the period specified in the licence. |
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| 32D. Every licence issued in respect of any radio receiving set under this Part shall be subject to such terms and conditions as may be prescribed with regard to the use and transfer of that licence. |
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| 32E Every holder of a licence shall within thirty days of any change in the particulars in his application, for a licence issued under this Part inform the Corporation or any agent in writing of such change. |
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| 32F.
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(1) The Corporation or any agent may, on application made therefore in such form as may be prescribed, and on payment of the prescribed fee renew any licence, issued under section 32C, and the licence which is renewed shall be valid for a period of one year from the date specified therein. | | |
| | (2) Every application for the renewal or a licence under this Part, shall be made to the Corporation or any agent in the prescribed form within three months of the date of expiry specified therein. | | |
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| 32G.
| | (1) Any person -
| | | (a) who possesses or uses a radio set, without a licence in that behalf, issued under this Part; |
| (b) who acts in contravention of, or fails to comply with any term or condition of, a licence issued under this Part
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| | (2) The Magistrate may on conviction of any person of any offence under subsection (1), in addition to any punishment which he may impose under that subsection make order that -
| | | (a) the licence, if any, issued under this Part in respect of the radio receiving set in connection with which the offence is committed be cancelled ; and |
| (b) any radio receiving set in connection with which the offence is committed or which was used in or in connection with the commission of the offence be forfeited to the State. |
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| | (3) Any radio receiving set forfeited under subsection (2) shall upon such forfeiture be vested absolutely in the State. Such vesting shall take effect -
| | | (a) after the expiration of the period with- in which an appeal may be preferred to the Court of Appeal against the order of the Magistrate ; or |
| (b) where an appeal has been preferred to the Court of Appeal against the order of the Magistrate upon the determination of such appeal, confirming or up-holding the order of forfeiture. |
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| 32H. Where any person applies to the Corporation or any agent for the renewal of a licence issued under section 30c after the date of expiry specified in such licence, the Corporation or such agent may renew such licence, subject to the payment by the applicant of a surcharge at the prescribed rate ; so however the maximum rate so specified shall not exceed ten pet centum, of the fee so payable for the renewal of such, licence |
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| Prohibition on carrying on the business of importing, selling &c., of radio receiving sets, without Certificate of Registration.
| | 32J.
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(1) On or after the relevant date no person shall carry on the business of Importing, selling, manufacturing, or assembling any radio receiving set, except under the authority of a Certificate of Registration issued in that behalf by the Corporation ;
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(2) The requirements of subsection (1) shall not apply to the import, sale, manufacture or assembling of a radio receiving set by any person who has been issued a licence to establish and maintain a radio broadcasting station under section 44.
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| Persons who were carrying on business before the relevant date.
| | 32K. Notwithstanding the provisions of section 32J a person who immediately prior to the relevant date was carrying on the business of importing, selling, manufacturing or assembling, any radio receiving set, shall be entitled to carry on such business without a Certificate of Registration under this Part for a period of three months commencing from the relevant date.
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| Registration of person carrying on business of importing &c, of radio receiving sets
| | 32L. The Corporation shall -
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(a) on application made therefor, in such form as may be prescribed, together with a certified copy of the Certificate of Registration issued under the Business Names Ordinance (Chapter 149) relating to the business, in connection with which the application is made ; and
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(b) on payment of the prescribed fee, register any person with the Corporation and issue to such person a Certificate of Registration authorizing such person to carry on the business of importing, selling, manufacturing or assembling radio receiving sets, in connection with which the application is made. | | |
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| Application for registration.
| | 32M. Every application for registration under this Part shall be made to the Corporation in such form as may be prescribed containing the prescribed particulars, together with a certified copy of the Certificate of Registration issued under the Business Names Ordinance (Chapter 149) relating to the business in connection with which the application made.
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| Terms and conditions of the Certificate of Registration.
| | 32N. Every Certificate of Registration issued under this Part shall be subject to such terms and conditions set out in the Schedule hereto.
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| Penalty for carrying on
business of importing, gelling &c, of radio receiving sets without a Certificate of Registration and contravention of terms and conditions of the Certificate of Registration.
| | 32P.
| | (1) Any person who -
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(a) carries on the business of importing, selling, manufacturing or assembling radio receiving sets without a Certificate of Registration issued in that behalf, or
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(b) acts in contravention of, or fails to comply with any terms or conditions of a Certificate of Registration issued under this Part,
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| | (2) The Magistrate on conviction of any person of any offence under subsection (1) may, in addition to any punishment he may impose under that subsection having regard to the gravity of the offence make order -
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(a) suspending, for a period to be specified in such order the Certificate of Registration in connection with which the offence is committed ; or
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| (b) cancelling such Certificate of Registration. |
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| Liability of certain persons in respect of offences committed by bodies corporate unincorporate.
| | 32Q. Where an offence under this Part is committed by a dody of persons, then -
| | (a) if that body of persons is a body corporate, every person, who at the time of the commission of the offence was a Director, General Manager, Secretary or other similar officer of that body corporate ; or
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| | (b) if that body of persons is a firm, every person who at the time of the corn-mission of the offence was a partner of that firm, | | |
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Sri Lanka Consolidated Acts