Sri Lanka Ports Authority Act (No. 51 of 1979)

Sri Lanka Consolidated Acts

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Sri Lanka Ports Authority Act (No. 51 of 1979) - Sect 86

Repeal and modification of certain laws

86.

(1) The Port of Colombo (Administration) Act, the Port (Cargo) Corporation Act, No. 13 of 1958, and the Port Tally and Protective Services Corporation Act, No. 10 of 1967, are hereby repealed.

(2) The Customs Ordinance, in its application in relation to, but only in relation to, acts or things done or omitted to be done, or required or authorised to be done, in any specified port shall have effect subject to the adaptations, modifications and additions set out hereunder, that is to say

	(a) section 15 of that Ordinance shall not apply within the limits of any specified port in respect of any warehouse or other place of deposit under the control of the Ports Authority ;

	(b) sections 23, 24 and 25 of that Ordinance shall not apply in respect of and within the limits of any specified port subject to the modifications that the Principal Collector of Customs shall continue to have the power to enforce payment of penalties under the provisions of section 24 of the Customs Ordinance;

	(c) sufferance shall not be granted by the Collector under section 34 or section 62 of that Ordinance until the Ports Authority has communicated to the Principal Collector of Customs in writing its consent to the grant of such sufferance ;

	(d) section 37 of that Ordinance, in its application to the transhipment of cargo within any specified port shall have effect, subject to the modification that the Ports Authority may conduct transhipment operations in the presence of an officer deputed by the Principal Collector of Customs to superintend the Customs procedures of such operations;

(e) section 41 of that Ordinance, in its application in the case of goods placed in any warehouse or transit shed belonging to the Ports Authority shall have effect subject to the modification that the powers conferred on the Collector other than the power to required packages to the stored if necessary ,in a grill or other place of security inside a ware- house, shall be exercised by the Ports Authority;

	(f) section 42 of that Ordinance, in its application in the case of any offence committed in relation to any goods in any warehouse or transit shed belonging to the Ports Authority shall have effect subject to the modification that the reference in that section to the Collector shall be deemed to be a reference to the Ports Authority;

	(g) section 60 of that Ordinance shall have effect subject to the modification that the power to issue stiffening orders shall be exercised by the Ports Authority;

	(h) section 102 of that Ordinance shall have effect subject to the modification that the power conferred by that section on any officer of the Customs to require the removal of certain articles from the Customs premises may also be exercised by any officer authorised in that behalf by the Ports Authority in writing ;

	(i) section 104 of that Ordinance shall have effect subject to the modification that the reference therein to the Port Commissioner shall be deemed to be a reference to the Ports Authority, and the reference to a Colombo Port warehouse shall be deemed to be a reference to any warehouse or transit shed under the control of the Ports Authority;

(j) section 116 of that Ordinance shall have effect subject to the following modifications :-

(i) the reference to the Collector shall be deemed to be a reference to the Ports Authority ;

(ii) the reference to the proper officer of Customs shall be deemed to be a reference to any officer authorised in writing by the Ports Authority;

(iii) the reference to one hundred rupees shall be deemed to be a reference to one thousand rupees ;

(k) section 117 of that Ordinance shall have effect subject to the following modifications :

(i) the reference to the Collector shall be deemed to be a reference to the Ports Authority;

(ii) the reference to one hundred rupees shall be deemed to be a reference to one thousand rupees;

(iii) a sale of any goods shall not be held under that section (as herein modified) until the Collector has, in writing addressed to the Ports Authority, fixed the upset price of the goods and approved the sale, and the entire proceeds of any such sale shall be disposed of by the Ports Authority as provided in that section provided that the Customs duties are credited to the Collector;

(l) sections 148 and 147 of that Ordinance in their application in relation to any offence or contravention mentioned in Schedule II of this Act shall have effect subject to the following modifications;

(i) the reference in the proviso to section 146 to the Principal Collector of Customs shall be deemed to be a reference to the Ports Authority;

(ii) the power under section 147 to sanction a prosecution or to compound any offence shall be exercised by the Ports Authority ;

(iii) the reference in subsection (4) of section 147 to the Principal Collector of Customs shall be deemed to be a reference to the Ports Authority:

(m) notwithstanding anything in section 153 of that Ordinance the amount of any penalty payable under section 42 of that Ordinance in respect of any goods placed in a Ports Authority warehouse or transit shed or payable under section 116 or section 117 of that Ordinance in respect of any contravention committed in any specified port, shall be paid to the Ports Authority and shall (after deducting any expenses incurred) be paid to the reward fund maintained by the Ports Authority for distribution at its discretion among informers and deserving employees;

(n) section 163 of that Ordinance shall, in the case of any forfeiture or penalty, or liability or forfeiture or penalty, incurred under section 42 of that Ordinance in relation to any goods placed in any Ports Authority warehouse or transit shed or under section 116 or 117 of that Ordinance in respect of any contravention committed in any specified port, have effect subject to the modification that the power of mitigation shall be exercisable by the Ports Authority, subject to revision by the Minister on application made to him.

(3) The Masters Attendant Ordinance, the Pilots Ordinance, the Boats Ordinance, the Customs Ordinance, the Police Ordinance and the Boatmen's Ordinance and the rules and regulations made thereunder shall, in their application to any specified port, have effect subject to the modification that the powers, duties and functions conferred and imposed on the Master Attendant or the Port Commissioner (as the case may be) by those Ordinances, rules and regulations shall be exercised, performed and discharged by the Ports Authority ; and accordingly every reference in those Ordinances and in any rules and regulations to the Master Attendant or the Port Commissioner shall be deemed to be a reference to the Ports Authority.

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