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Explosives (Amendment)


Published: 2005-06-13

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Explosives (Amendment)
Explosives (Amendment)
AN ACT TO AMEND THE EXPLOSIVES ACT.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : -

[13th June , 2005 ]
Short title.

1. This Act may be cited as the Explosives (Amendment) Short title. Act, No. 18 of 2005.

Replacement of sections 2 and 3 of Chapter 183.

2. Sections 2 and 3 of the Explosives Act, (hereinafter referred to as the "principal enactment") are hereby repealed and the following sections are substituted therefor;-

"Controller, Deputy Controllers and Assistant Controllers of Explosives.

2.

(1) The Secretary to the Ministry shall be the Controller of Explosives for the purposes of this Act.

(2) Every Additional Secretary and Senior Assistant Secretary to the Ministry shall be a Deputy Controller of Explosives for the purposes of this Act.

(3) Every Assistant Secretary to the Ministry shall be an Assistant Controller of Explosives for the purposes of this Act.

(4) There may be appointed by name or by office, such number of persons to be or to act as Deputy Controllers of Explosives or Assistant Controllers of Explosives, for the purposes of this Act-".

Inspectors and other Staff.

3.

(1) Every police officer not below the rank of sergeant shall be an inspector of Explosives for the purposes of this Act.

(2) There shall be appointed such number of other officers and servants as may be necessary for the purpose of this Act.".

Amendment of section 27 of the principal enactment.

3. Section 27 of the principal enactment is hereby amended by the substitution for the words "be liable to a fine not exceeding two thousand five hundred rupees or to imprisonment of either description for a term not exceeding two years or" of the words "be liable to a fine not exceeding twenty five thousand rupees or to imprisonment of either description for a term not exceeding five years or."

Replacement of section 30 of the principal

4. Section 30 of the principal enactment is hereby repealed and the following section substituted therefor:-

"Exemption from application of the provisions of the Act.

30.

(1) The provisions of this Act shall not apply to explosives which are held by the Armed Forces, the Police Force, the Government Analyst's Department and for and on behalf of the Controller of Explosives.

(2) The Minister may by Order published in the Gazette make provision as to the loading and unloading, transport and storage of the explosives referred to in subsection (1).

(3) Any person who contravenes or fails to comply with any provision of an Order made under subsection (2) shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding ten thousand rupees,".

Sinhala text to prevail in case of inconsistency.

5. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.