Acts
Imports and Exports

AN ACT TO PROVIDE FOR THE CONTROL OF THE IMPORTATION AND EXPORTATION OFGOODS, FOR THE REGULATION OF THE STANDARDS OF EXPORTABLE GOODS AND FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
BE it enacted by the Queen's Most Excellent Majesty, By and with the advice andconsent of the Senate and he House of Representatives of Ceylon in this present
Parliament assembled, and by the authority of the same, as follows: Short title and date 1. This Act may be cited as the Imports and Exports (Control) Act, No. 1 of 1969, andof operation.
shall come into operation on such date as may be appointed by the Minister by Orderpublished in the Gazette.
Appointment ofofficers andservants.

2. There may be appointed, by name or by office, for the purposes of this Act, aController of Imports and Exports and such Deputies and Assistants to him and suchother officers and servants as may be necessary.

Powers andduties ofofficers.

3. (1) Every Deputy or Assistant Controller of Imports and Exports shall, in theexercise of his powers, the performance of his duties and the discharge of his
functions, be subject to the general direction and control of the Controller ofImports and Exports.
(2) Every Deputy or Assistant Controller of Imports and Exports may, subject tothe general direction and control of the Controller of Imports and Exports,
exercise, perform or discharge all such powers, duties or functions vested in,
imposed upon Or assigned to the Controller of Imports and Exports by or under
this Act as may be delegated to such Deputy or Assistant by the Controller ofImports and Exports.
(3) A Deputy or an Assistant Controller of Imports and Exports exercising,
performing or discharging any power, duty or function of the Controller of Imports
and Exports under this Act shall be deemed for all purposes to have beendelegated to exercise, perform or discharge that power, duty or function until thecontrary is proved.

Control of theimport andexport ofgoods-

4.

Application for 5.
licences.

(1) Subject to the provisions of sub-section ( and of any regulations made undersub-section (3 no person shall import into, or export from, Ceylon any goods
except under the authority, or otherwise than in accordance with the conditions,of a license Issued in that behalf under this Act by the Controller(2) The importation into, or the exportation from Ceylon after the date ofcommencement of this Act by any person of any goods without a license issue inthat behalf under this Act shall be deemed not 1 be a contravention of theprovisions of sub-section if such importation or exportation was authorized by alicense issued under any written law for the time being in force.
(3) Regulations may be made exempting an specified class or classes of
persons or goods from the provisions of sub-section (1).
(1) Every application for a license shall(a) be made to the Controller in such one of the prescribed forms as isappropriate to the case,(b) state the particulars which that form require to be stated, and(c) be signed by the applicant.

(2) The Controller may direct any applicant for licence to furnish him with suchinformation as he may indicate in the direction for the purpose of enabling him todispose of the application; and the applicant fails to comply with such direction,
the Controller may refuse to issue the license to the applicant.
Licence fee.

6. Where a fee is prescribed for the issue of a license, such license shall not be issued
by the Controller except upon the payment of such fee.

Issue oflicences.

7.

Power toamend,
suspend orcancellicences.

9.

(1) The Controller shall have full power and discretion to make a decision either toissue or to refuse to issue a license to an applicant there for.
(2) The Controller may issue a license subject to such conditions as he may deem
necessary. Such conditions shall be set out in the license.
(3) Subject as hereafter provided in this Act, the decision, of the Controller to issue or
to refuse to issue a license to an applicant there for shall be final and conclusive andshall not be called in question in any court or tribunal whether by way of writ orotherwise.
Authority granted 8. A license granted to any person shall, subject to the conditions set out in the licenseby licences.
and to the provisions of this Act, authorize such person to Import into, or export from.
Ceylon goods of such value and in such quantity or quantities as may be specified In
the license.
(1) It shall be deemed to be a condition of every license that the Controller may, at any
time by order in writing, amend, suspend or cancel such license and accordingly anyof the powers conferred on the Con trolled by the preceding provisions of this subsection may be exercised by the Controller at any time in respect of a license.
(2) An order of the Controller amending, suspending or canceling a license shall,subject to any decision on an appeal under this Act from the order of the Controller, be
final and conclusive and shall not be called in question in any court or tribunal whether
by way of writ or otherwise.
Communication 10.
of refusal to(1) Where the Controller decides to refuse to Issue a license under this Act, he shallissue a licencecause notice of the decision to be given to the applicant for the license.
to applicant
and of(2) Where the Controller makes an order amending, suspending or canceling aamendment or
license, he shall cause notice of such order to be given to the holder of such license.
cancellation ofa licence to theholder thereof.
(3) A notice under this section to any person shall be given to him by registered letter

addressed to him and dispatched through the post.
(4) A notice given to any person in the manner provided in sub-section (3) shall bedeemed to have been served on. him at the time at which the letter would have beendelivered in the ordinary course of post,
Appeals.

11.
(1) An applicant for a license who is aggrieved by the decision of the Controller
refusing to issue such license and any person who Is aggrieved by the order of theController amending, suspending or canceling a license Issued to such person may
appeal in writing from that decision or order to the Minister within a period of fourteendays reckoned from the date of the service of notice of that decision or order on him.

(2) The decision of the Minister on any appeal preferred under the preceding
provisions of this section shall be final and. conclusive and shall not be called inquestion in, any court or tribunal whether by way of writ or otherwise.
Power ofController tocall forinformationand inspect
documents.

12,(1) The Controller may, by written notice, direct any person to whom a license toImport goods into Ceylon is issued to furnish before a date specified in the notice suchinformation as the Controller may by the notice require in respect of the ware- housingof such goods.
(2) After the exportation of any goods the Controller may, by written notice, direct theexporter of such goods to produce within such time as is specified in the noticesatisfactory evidence that the goods have reached the ultimate destination specified in
the license Issued to such exporter or In. any bill of lading or other shipping document
relating to such goods.
(3) For the purposes of this Act, the Controller may, by written notice, direct any
person. Including the manager of any bank in Ceylon.
(a) to furnish to such officer, and within such time. as may be specified in the
direction, information regarding such matters relevant to the purposes of this Act as
may be so specified, and(b) to cause to be produced for inspection by such officer, within such time, and atsuch place as may be so specified, such books, accounts and other documents
relevant to the purposes of this Act as may be so specified, including certified copies
of entries in those books , accounts or other documents.
(4) A notice under this section may be served(a) on any individual by delivering it to him or by leaving it at, or sending it by post to,
his residence;(b) on any firm by delivering it to any partner of the firm, or by leaving it at, or
sending it by post to, the office of the firm;(c) on any company by leaving it at, or sending it by post to, the registered office ofthe company.

Verification of 13.
information.
(1) A person who furnishes any information under this Act shall verify it by a declarationthat the statements contained therein are true and accurate.
(2) Every declaration made under this Act shall be free from stamp duty.
Prohibition or 14. The Minister may by regulation regulation of(a) prohibit or regulate the importation or exportation of goods from or to countries
certain imports
specified in the regulation, orand exports.

Confiscation.

(b) prohibit the importation or exportation of goods (whether from or to any country
whatsoever or any country specified in the regulation) by any person, other than the
Government of Ceylon and such corporate or unincorporated bodies of persons, ifany, as may be specified in the regulation.
15. It shall be deemed to be a condition of every license that the Principal Collector of
Customs shall have the power to confiscate on behalf of Her Majesty any goods or part
thereof imported into, or intended to be exported from, Ceylon(a) in contravention of the provisions of this Act or of the provisions of any
regulation made under this Act, or(b) otherwise than in conformity with any terms or conditions stated in the license
relating to importation or exportation, as the case may be, of such goods,
and accordingly the power conferred on the Principal Collector of
Customs by the preceding provisions of this section may be exercisedOffences.

by him in respect of any such goods.
16 Any person who (a) acts in contravention of any provision of this Act or of any regulation madethereunder, or(b) acts in contravention of, or fails to comply with the condition of, a license issued
under this Act, or(c) fails to comply with any direction given by the Controller in the exercise of his
powers under section 12 of this Act, or(d) furnishes for the purposes of this Act, any information which is, or any
document the contents of which are, or any part of the contents of which is, to his
knowledge untrue or incorrect.
shall be guilty of an offence under this Act.
Punishment for
17.Every person who is guilty of an offence under this Act shall be liable, on
offences.
conviction after summary trial before a Magistrate, to a fine not exceeding five
thousand rupees or to imprisonment of either description for a term not exceeding
six months or to both such fine and imprisonment.
Offencesbodies of
persons.

18. Where an offence under this Act is committed by a body of persons, then(a) if that body of persons is a body corporate, every director andofficer of that body corporate, or(b) if that body of persons is a firm, every partner of that firm,shall be deemed to be guilty of that offence:
Provided that a director or an officer of such body corporate or a partner of such
firm shall not be deemed to be guilty of such offence if he proves that such offence
was committed without his knowledge or that he exercised all due diligence toprevent the commission of the offence.

No prosecution
without the
sanction of theController
Regulations

19. No prosecution for an Offence under this Act shall be instituted except by, orwith the written sanction of, the Controller.
20.
(1) The Minister may make regulations for the purposes of carrying out or giving
effect to the principles and provisions of this Act,
(2) In particular and without prejudice to the generality of the powers conferred bysub-section (1), the Minister may make regulations for or in respect of ill or any of
the following matters :(a) all matters stated or required by this Act to be prescribed or in respect ofwhich regulations are authorized by this Act to be made ; and(b) the regulation of the standards of exportable goods of any specified class ordescription.
(3) Every regulation made by the Minister shall be published in the Gazette andshall come into operation on the date of publication or on such later date as may be
specified in the regulation.
(4) Every regulation made by the Minister shall be brought before the Senate andthe House of Representatives within a period of one month from the date of the
publication of that regulation under sub-section (3), or, if no meeting is held withinthat period, at the first meeting after the expiry of that period, by a motion that such
regulation shall be approved.

(5) Any regulation which the Senate or the House of Representatives refuses toapprove shall be deemed to be rescinded but without prejudice to the validity ofanything previously done thereunder or to the making of any new regulation. The
date on which such regulation shall be deemed to be rescinded shall be the date on
which the Senate or the House of Representatives refuses to approve theregulation.
(6) Notification of the date on which any regulation made by the Minister is deemed
to be rescinded shall be published in the Gazette.
(7) Any regulation made by the Minister shall, when approved by the Senate and theHouse of Representatives, be as valid and effectual as if it were herein enacted.
Notification of such approval shall be published in the Gazette.
Application of 21.The provisions of this Act shall be read and constructed as one with the Customs
Customs
Ordinance, and for purpose of the application of the Customs
Ordinance,
Cap, 235(a) goods the importation of which is prohibited by this Act or by regulation madeunder this Act shall be deemed to be goods the importation of which is prohibitedby that Ordinance ;(b) goods the exportation of which is prohibited by this Act or by regulation madeunder this Act shall be deemed to be goods the exportation of which is prohibitedby that Ordinance ;(c) goods the Importation of which is restricted by this Act or by regulation madeunder this Act shall be deemed to be goods the importation of which Is restrictedby that(d) goods the exportation of which is restricted by this Act or by regulation madeunder this Act shall be deemed to be goods the exportation of which is restrictedby that Ordinance,
Interpretation 22. In this Act unless the context otherwise requires " Controller " means the Controller of Imports and Exports appointed
under this Act, and includes a Deputy Controller and an AssistantController specially authorized by the Controller either generally or forsome specific purpose to act on behalf of the Controller;" export ", with its grammatical variations and cognate expressions, when usedin relation to any goods, means the carrying and taking out of Ceylon, or
causing to be carried or taken out of Ceylon, whether by sea or by air of such
goods;"goods " includes any article, animal, substance or property
whatsoever;"import " with its grammatical variations and cognate expressions, when used inrelation to any goods, means the importing or bringing into Ceylon, or causing to
be imported or brought into Ceylon, whether by sea or by air of such goods;" prescribed " means prescribed by regulation made under this Act.
Repeal of Chapter 23. The Imports and Exports (Control.) Act (Cap. 286) is hereby repealed:
236.

Provided, however, that notwithstanding such repeal every license issued under the
Imports and Exports (Control) Act and having effect immediately prior to the date on
which this Act comes into operation shall be deemed to be a license issued under
this Act and shall continue to have effect accordingly.