6. The following new Part is hereby inserted immediately after Part IV of the principal enactment and shall have effect as Part IVA of that enactment:
| 16A. (1) On or after the relevant date no person shall possess or use any television receiving set except under the authority of a licence issued in that behalf by the Corporation. |
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| 16B. Notwithstanding the provisions of section 16A, any person who immediately prior to the relevant date was having in his possession a television receiving set, shall be entitled to possess and use such television receiving set, without a licence in that behalf ' for a period of three months commencing from the relevant date. |
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| 16C. (1) The Corporation or any agent shall, on application made therefor, 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 television receiving set, authorizing the applicant to possess and use such television receiving set. |
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| 16D. Every licence issued in respect of any television 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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| 16E. Every holder of a licence shall, within thirty days of any change in the particulars to 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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| 16F. (1) The Corporation or any agent may, on application made therefor, in such form as may be prescribed, and on payment of the prescribed fee renew any licence, issued under section 16C, and the licence which is renewed shall be valid for a period of one year from the date specified therein. |
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Corporation to pay part of licence fees to any State controlled television broadcasting station. | | 16G. Such part of the fees received by the Corporation each year, for the issue and renewal of television licences as remains after payment into the Fund of the Corporation, of the sums referred to in paragraph (d) of subsection (1) of section 13 shall be paid by the Corporation to any other television broadcasting station vested in the State.
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| 16H. (1) Any person-
| | (a) who possesses or uses a television receiving set without a licence in that behalf, issued under this Part, or | | |
| | (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 television receiving set in connection with which the offence is committed he cancelled; and | | |
| | (b) any television 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 television receiving set forfeited under subsection (2) shall upon such forfeiture vest absolutely in. the State. Such vesting shall take effect-
| | (a) after the expiration of the period within which an appeal may be preferred to the Court of Appeal against the order of the Magistrate ; or
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| | (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 upholding the order of forfeiture.
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| 16J. Where any person applies to the Corporation or any agent for the renewal of a licence issued under section 16c 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 prescribed shall not exceed ten per cent of the fee so payable for the renewal of such licence.
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| 16K. (1) On or after the relevant date, no person shall carry on the business of importing, selling, manufacturing, or assembling any television 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 television receiving set by any person who has been issued a licence to establish and maintain a television broadcasting station under section 28. |
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| 16L. Notwithstanding the provision of section 16k a person who immediately prior to the relevant date was carrying on the business of importing, selling, manufacturing or assembling, any television receiving set, shall be entitled to carry on such business without a Certificate of Registration issued under this Part for a period of three months commencing from the relevant date.
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| 16M. The Corporation shall-
| | (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 | | |
| | (b) on payment of the prescribed fee register any person with the Corporation and issue to such person a Certificate of Registration, authorizing person to carry on the business of importing, selling, manufacturing . or assembling television receiving sets in connection with which the application is made. | | |
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| 16N. 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 is made.
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| 16P. Every Certificate of Registration issued under this Part shall be subject to the terms and conditions set out m the Schedule hereto.
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| 16Q. (1) Any person who-
| | (a) carries on the business of importing, selling manufacturing or assembling television receiving sets without a Certificate of Registration issued in that behalf, or | | |
| | (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 for 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.
| | (a) suspending, for a period to be specified in such order, the Certificate of Registration in connection with which the offence is committed; or | | |
| | (b) cancelling such Certificate of Registration.
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| 16R. Where an offence under this Part is committed by a body 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 | | |
| | (b) if that body of persons is a firm, every person who at the time of the commission of the offence was a partner of that firm,
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Sri Lanka Consolidated Acts