Alphabetical List of Statutes
Exports (Special Tax) Law
Extradition Law
EXTRADITION LAW
Arrangement of Sections
1. Short title.
PART I
Preliminary
2. Application of the provisions of this Law in respect of Commonwealth countries.
3. Application of the provisions of this Law in respect of foreign states.
4. Special provisions as to the making of an Order under section 3.
5. Effect of Orders made under sections 2 and 3.
6. Extraditable offences.
7. General restrictions on extradition.
PART II
Extradition to Designated Commonwealth Countries and Treaty States
8. Authority to proceed.
9. Arrest for the purposes of committal.
10. Proceedings for committal.
11. Application for habeas corpus.
12. Order for extradition.
13. Discharge in case of delay in extraditing.
14. Evidence.
15. Custody.
16. Form of warrant and orders.
PART III
Extradition from Designated Commonwealth Countries and Treaty States
17. Extradition of persons to Sri Lanka and certain restrictions upon proceedings against them.
18. Restoration of persons not tried or acquitted.
PART IV
Miscellaneous
19. Regulations.
20. Extradition from Sri Lanka applicable to offences committed before and after the commencement of this Law.
21. Property found on fugitive offenders.
22. Omitted.
23. Interpretation.
SCHEDULE
8 of 1977,
24 of 1982,
70 of 1988,
15 of 1991,
31 of 1996,
11 of 1999,
48 of 1999,
41 of 2000,
42 of 2000,
25 of 2005,
30 of 2005,
58 of 2007,
9 of 2023.
A LAW to make provision for the Extradition of fugitive persons to and from commonwealth countries and foreign states, to regulate the treatment of persons accused or convicted of offences in Sri Lanka who are extradited from commonwealth countries or foreign states, and to provide for matters connected therewith or incidental thereto.
[Date of Commencement: 18th February, 1977]
1. Short title.
This Law may be cited as the Extradition Law.
PART I
Preliminary
2. Application of the provisions of this Law in respect of Commonwealth countries.
(1) The Minister may from time to time by Order published in the Gazette, declare that the provisions of this Law shall apply in respect of any country within the Commonwealth specified therein, subject to such modifications, limitations, or conditions as may be specified in such Order.
(2) Every such Order shall come into force on the date of publication of such Order or on such later date as may be specified therein.
(3) Every Order made under this section shall as soon as convenient after its publication be brought before Parliament for approval. Any Order which is not so approved shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything previously done thereunder.
(4) An Order made under this section shall be final and conclusive, and shall not be called in question in any court.
(5) Every country within the Commonwealth in relation to which an Order made under this section is for the time being in force is hereinafter referred to as a “designated Commonwealth country”.
(6) Where any Order is deemed to be rescinded by virtue of the operation of the provisions of subsection (3) of this section, the Minister shall cause notice of such rescission to be published in the Gazette.
3. Application of the provisions of this Law in respect of foreign states.
(1) Where any extradition arrangement has been made by the Government of Sri Lanka with any foreign State, whether before or after the commencement of this Law, then, subject to the provisions of section 4, the Minister may by Order published in the Gazette declare that the provisions of this Law shall apply in respect of such foreign State, subject to such modifications, limitations or conditions, as the Minister, having due regard to the terms of such arrangement, may deem expedient to specify in the Order for the purpose, and the purpose only, of implementing such terms.
(2) Every Order made under this section shall recite or embody the terms of the extradition arrangement in consequence of which such Order was made, and shall come into force on the date of publication of such Order, or on such later date as may be specified therein, and shall remain in force for so long, and so long only, as the extradition arrangement in consequence of which such Order was made remains in force.
(3) Every Order made under this section shall as soon as convenient after its publication be brought before Parliament for approval. Any Order which is not so approved shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything previously done thereunder.
(4) An Order made under this section shall be final and conclusive, and shall not be called in question in any court.
(5) Where any Order is deemed to be rescinded by virtue of the operation of the provisions of subsection (3) of this section, the Minister shall cause notice of such rescission to be published in the Gazette.
(6) Every foreign State in relation to which an Order made under this section is for the time being in force is hereinafter referred to as a “treaty State”.
4. Special provisions as to the making of an Order under section 3.
No Order shall be made under section 3 unless the extradition arrangement in consequence of which such Order is made—
(a) is in conformity in all respects with the provisions of this Law restrictions on the containing restrictions extradition of persons; and
(b) is substantially in conformity with the other provisions of this Law, subject to the modifications, limitations or conditions, if any, specified in such Order for the purpose of implementing the terms of such arrangement.
5. Effect of Orders made under sections 2 and 3.
(1) For so long, and so long only, as an Order under section 2 in respect of a designated Commonwealth country, or an Order under section 3 in respect of a treaty State is for the time being in force, the provisions of this Law shall apply in respect of and in relation to such country or State, as the case may be, subject to such modifications, limitations and conditions, if any, as are specified in such Order.
(2) For so long, and so long only, as an Order under section 3 in respect of a treaty State is for the time being in force, such Order shall be conclusive evidence that the extradition arrangement in consequence of which such Order was made, complies with the provisions of section 4.
6. Extraditable offences.
(1) For the purposes of this Law, any offence of which a person is accused or has been convicted in any designated Commonwealth country or any treaty State shall be an extraditable offence, if—
(a) in the case of an offence against the law of a treaty State it is an offence which is provided for in the extradition arrangement;
(b) in the case of an offence against the law of a designated Commonwealth country, it is an offence which, however described in that law, falls within any description set out in the Schedule hereto and is punishable under that law with imprisonment for a term of not less than twelve months; and
(c) in any case, the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence against the law of Sri Lanka if it took place within Sri Lanka, or outside Sri Lanka.
(2) In determining for the purposes of this section whether an offence against the law of any designated Commonwealth country falls within any description set out in the Schedule hereto, any special intent or state of mind or special circumstances of aggravation which may be necessary to constitute that offence under that law shall be disregarded.
(3) Each offence described in the Schedule hereto shall be deemed to include the offence of attempting or conspiring to commit, of assisting, counseling or procuring the commission of, or being accessory before or after the act to, such offence, and of impeding the apprehension or prosecution of persons guilty of such offence.
(4) Reference in this section to the law of any designated Commonwealth country or of any treaty State shall be deemed to include reference to the law of any part of such country or State, as the case may be.
7. General restrictions on extradition.
(1) A person shall not be extradited under this Law to any designated Commonwealth country or to any treaty State, or be committed to or kept in custody for the purposes of such extradition, if it appears to the Minister, to the court of committal, or to the Court of Appeal upon an application made to it for a mandate in the nature of a writ of habeas corpus—
(a) that the offence of which that person was accused or was convicted is an offence of a political character;
(b) that the request for extradition, though purporting to be made on account of the extraditable offence, is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, ethnic origins or political opinions; or
[S 7(1)(b) am by s 6(2) of Act 41 of 2000.]
(c) that he might, if extradited, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, ethnic origins or political opinions.
[S 7(1)(c) am by s 6(2) of Act 41 of 2000.]
(2) A person accused of an offence shall not be extradited under this Law to any designated Commonwealth country or to any treaty State, or be committed to or kept in custody for the purpose of his extradition, if it appears, as provided in subsection (1) of this section, that if charged with that offence in Sri Lanka he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
(3) A person shall not be extradited under this Law to any designated Commonwealth country or to any treaty State, or be committed to or kept in custody for the purposes of such extradition, unless provision is made by the law of that Commonwealth country, or, in the case of a treaty State, by the extradition arrangement with that State, for securing that he will not, unless he has first been restored, or had an opportunity of returning, to Sri Lanka, be arrested, detained, remanded or otherwise dealt with in that country or State, for or in respect of any offence committed before his extradition under this Law. other than—
(a) the offence in respect of which the extradition under this Law is requested;
(b) any lesser offence proved by the facts-established before the court of committal; or
(c) any other offence, being an extraditable offence in respect of which the Minister may consent to his being so dealt with.
(4) The reference in this section to an offence of a political character does not include—
(a) an offences against the life or person of the head of any designated Commonwealth country or treaty state;
(b) an offence which, under the terms of the extradition arrangement made by the Government of Sri Lanka with the requesting treaty state, is not regarded as a political offence;
(c) an offence within the scope of an international convention relating to the suppression of international crime to which Sri Lanka and the requesting designated commonwealth country or treaty state are contracting parties and which obliges contracting parties to prosecute or grant extradition for such offence; and
(d) any related offence described in subsection (3) of section 6.
[S 7(4) am by s 2 of Act 48 of 1999.]
PART II
Extradition to Designated Commonwealth Countries and Treaty States
8. Authority to proceed.
(1) Subject to the provisions of this Law, no person shall be dealt with thereunder except in pursuance of an Order of the Minister (in this Law referred to as an “authority to proceed”), issued in pursuance of a request made to the Minister by or on behalf of the Government of the designated Commonwealth country or treaty State in which the person to be extradited is accused or was convicted.
(2) There shall be furnished with any request made for the purposes of this section by or on behalf of any designated Commonwealth country or treaty State—
(a) in the case of a person accused of an offence, a warrant for his arrest issued in that country or State;
(b) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence in that country or State, and a statement of the part, if any, of such sentence which has been served,
together with, in each case, the particulars of the person whose extradition is requested, and of the facts upon which and the law under which he is a accused or was convicted, and the evidence sufficient to justify the issue of a warrant for his arrest under section 9.
(3) On receipt of such a request the Minister may issue an authority to proceed, unless it appears to him that an order for extradition of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Law.
9. Arrest for the purposes of committal.
(1) A warrant for the arrest of a person accused of an extraditable offence, or alleged to be unlawfully at large after conviction, of such an offence, may be issued—
(a) on receipt, by any High Court Judge, of an authority to proceed; or
(b) without such an authority, by any High Court Judge, upon information that such person—
(i) is in, or
(ii) is believed to be on his way to, Sri Lanka.
[S 9(1)(b) subs by s 3(1) of Act 48 of 1999.]
Any warrant issued by virtue of paragraph (b) of this subsection is in this Law referred to as a “provisional warrant”.
(2) A warrant of arrest under this section may be issued upon such evidence as would, in the opinion of the Judge, authorise the issue of a warrant, for the arrest of a person accused of committing a corresponding offence or of a person alleged to be unlawfully at large after conviction of an offence, as the case may be, within the jurisdiction of the court.
(3) Where a provisional warrant is issued under this section, the Judge by whom it is issued shall forthwith give notice of its issue to the Minister, and transmit to him the information and evidence, if any, or certified copy of the information and evidence, upon which it was issued; and the Minister may in any case, and shall if he decides not to issue an authority to proceed in respect of the person to whom the warrant relates, by order cancel the warrant and, if that person has been arrested thereunder, discharge him from custody.
[S 9(3) am by s 3(2) of Act 48 of 1999.]
(4) Notwithstanding anything in the Code of Criminal Procedure Act a warrant of arrest issued under this section may, without an endorsement to that effect, be executed in any part of Sri Lanka, whether such part is within or outside the jurisdiction of the court by which it is so issued, and may be so executed by any person to whom it is directed, or by any police officer.
(5) Where a warrant is issued under this section for the arrest of a person accused of an offence of stealing or receiving stolen property, or any other offence in respect of property, the Judge shall have the like power to issue a warrant to search for the property as if the offence has been committed within the jurisdiction of his court.
10. Proceedings for committal.
(1) A person arrested in pursuance of a warrant issued under section 9 shall, unless he is previously discharged under subsection (3) of that section, be brought as soon as practicable before such High Court, in this Law referred to as the “court of committal”, as may be directed by the warrant.
(2) For the purposes of proceedings under this section, a court of committal shall have the like jurisdiction and powers, including power to remand in custody or to release on bail as though the proceedings were in respect of an offence triable by that court.
(3) Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a reasonable period, notice of which shall be given by the court to the Minister, after which he shall be discharged from custody unless such an authority has been received.
(4) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any evidence tendered in support of the request for the extradition of that person or on behalf of that person, that the offence to which the authority relates is an extraditable offence and is further satisfied—
(a) where that person is accused of the offence, that the evidence would be sufficient to warrant his trial for that offence if it had been committed within the jurisdiction of the court; or
(b) where that person is alleged to be unlawfully at large after the conviction of the offence, that he has been so convicted and appears to be so at large,
the court shall, unless his committal is prohibited by any other provision of this Law, commit him to custody to await his extradition thereunder but if the court is not so satisfied, or if the committal of that person is so prohibited, the court shall discharge him from custody.
11. Application for habeas corpus.
(1) Where a person is committed to custody under section 10, the court shall inform him in ordinary language of his right to make an application to the Court of Appeal for a mandate in the nature of a writ of habeas corpus, and shall forthwith give notice of the committal to the Minister.
(2) No person committed to custody under section 10, shall be extradited under this Law—
(a) in any case, until the expiration of a period of fifteen days commencing on the day on which the order for his committal is made; and
(b) if an application for habeas corpus is made to the Court of Appeal, so long as proceedings on that application are pending.
(3) On any such application the Court of Appeal may, without prejudice to any other jurisdiction of the court, order the person committed to be discharged from custody if it appears to the court that—
(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or
(b) by reason of the passage of time since he is alleged to have committed it, or to have become unlawfully at large, as the case may be; or
(c) because the accusation against him is not made in good faith in the interests of justice, it would, having regard to all the circumstances, be unjust or oppressive to extradite him.
(4) On any such application the Court of Appeal may receive additional evidence relevant to the exercise of its jurisdiction under section 7 or under subsection (3) of this section.
12. Order for extradition.
(1) Where a person is committed to await his extradition and is not discharged by order of the Court of Appeal, the Minister may by warrant order him to be extradited to the country or State by which the request for his extradition was made unless the extradition of that person is prohibited, or prohibited for the time being, by section 7, or the Minister decides under this section to make no such order in his case.
(2) The Minister shall not make an order under this section in the case of a person who is serving a sentence of imprisonment, or is charged with an offence, in Sri Lanka until after the expiration of the following period, that is to say—
(a) in the case of a person serving such a sentence, until the sentence has been served; and
(b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn and, if it results in a sentence of imprisonment not being a suspended sentence, until the sentence has been served.
(3) The Minister may make no order under this section in the case of any person if it appears to the Minister, on any ground set out in paragraph (a) or paragraph (b) or paragraph (c) of subsection (3) of section 11, that it would be unjust or oppressive to extradite that person.
(4) The Minister may make no order under this section in respect of a person who is accused or convicted of an extraditable offence which is not punishable with death in Sri Lanka, if that person could be, or has been, sentenced to death for that offence in the country or State by which the request for his extradition is made.
(5) The Minister may make no order under this section for the extradition of a person committed in consequence of a request made by or on behalf of a designated Commonwealth country or treaty State if another request for his extradition under this Law has been made by or on behalf of another designated Commonwealth country or treaty State and it appears to the Minister, having regard to all the circumstances of the case, and in particular—
(a) the relative seriousness of the offences in question;
(b) the date on which each such request was made; and
(c) the nationality or citizenship of the person concerned and his ordinary residence, that preference be given to such other request.
(6) Notice of the issue of a warrant under this section shall forthwith be given to the person to be extradited thereunder.
13. Discharge in case of delay in extraditing.
(1) If any person committed to await is extradition is in custody in Sri Lanka under this Law after the expiration of the following period, that is to say—
(a) in any case, the period of two months commencing on the first day on which, having regard to subsection (2) of section 11, he could have been extradited; or
(b) where a warrant for his extradition has been issued under section 12, a period of one month commencing on the day on which that warrant was issued, he may apply to the Court of Appeal for his discharge.
(2) If upon any such application being made the Court of Appeal is satisfied that reasonable notice of the proposed application has been given to the Minister, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody and, if a warrant for his extradition has been issued under section 12, quash that warrant.
14. Evidence.
(1) In any proceedings under this Law, including proceedings on an application for a mandate in the nature of a writ of habeas corpus in respect of a person in custody thereunder—
(a) a document, duly authenticated, which purports to set out evidence given on oath in a designated Commonwealth country or treaty State shall be admissible as evidence of the matters stated therein;
(b) a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document so received, in any proceedings in any such country or State shall be admissible in evidence;
(c) a document, duly authenticated, which certifies that such person was convicted on a date specified in the document of an offence against the law of, or of a part of, any such country or State shall be admissible as evidence of the fact and date of the conviction.
(2) A document shall be deemed to be duly authenticated for the purposes of this section—
(a) in the case of a document purporting to set out evidence given as aforesaid, if the document purports to be certified by a Judge or other officer in or of the country or State in question to be the original document containing or recording that evidence or a true copy of such document;
(b) in the case of a document which purports to have been received in evidence as aforesaid or to be a copy of a document so received, if the document purports to be certified as aforesaid to have been, or to be a true copy of a document which has been, so received;
(c) in the case of a document which certifies that a person was convicted as aforesaid, if the document purports to be certified as aforesaid,
and in any such case the document is authenticated either by the oath of a witness, or by the official seal of a Minister, of the designated Commonwealth country or treaty State in question.
(3) In the section “oath” includes affirmation or declaration; and nothing in this section shall be deemed or construed to affect or prejudice the admission in evidence of any document which is admissible in evidence otherwise than under, this section.
15. Custody.
(1) Any person remanded or committed to custody under section 10 shall be committed to a like institution as a person charged with an offence before the court of committal.
(2) If any person who is in custody by virtue of a warrant under this Law, escapes from custody, he may be taken in any part of Sri Lanka in like manner as a person escaping from custody under a warrant for his arrest issued in that part in respect of an offence committed therein.
(3) Where a person, being in custody in any part of Sri Lanka, whether under this Law or otherwise, is required to be removed in custody under this Law to another part of Sri Lanka and is so removed, he shall be deemed to continue to be in legal custody until he reaches the place to which he is required to be removed.
(4) A warrant under section 12 for the extradition of any person to a designated Commonwealth country or treaty State shall be sufficient authority for all persons to whom it is directed and all police, prisons and other officers to receive that person, keep him in custody and convey him into the jurisdiction of that country or State.
16. Form of warrant and orders.
Any warrant or order required to be issued or made by the Minister under the foregoing provisions of this Law shall be in the prescribed form and shall be given under the hand of the Secretary to the Ministry.
PART III
Extradition from Designated Commonwealth Countries and Treaty States
17. Extradition of persons to Sri Lanka and certain restrictions upon proceedings against them.
(1) Where a person accused or convicted of an offence in Sri Lanka, whether committed before or after the commencement of this Law, is, or is suspected of being, in any designated Commonwealth country or treaty State or within the jurisdiction of, or of a part of, such country or State, the Minister may make a request to that country or State for the extradition of that person.
(2) Where any person has been extradited to Sri Lanka upon a request for his extradition being made, such person shall not, during the period described in subsection (3) of this section, be arrested, detained, remanded or otherwise dealt with in Sri Lanka for or in respect of any offence committed before his extradition, other than—
(a) the offence in respect of which he was extradited;
(b) any lesser offence proved by the facts established for the purposes of securing his extradition; or
(c) any other offence in respect of which the Government of the designated Commonwealth country or the treaty State from which he was extradited has consented to his being dealt with.
(3) The period referred to in subsection (2) of this section in relation to a person to whom this section applies is the period commencing on the day of his arrival in Sri Lanka on his extradition and ending forty-five days after the first subsequent day on which he has the opportunity to leave Sri Lanka.
18. Restoration of persons not tried or acquitted.
(1) Where a person accused of an offence is extradited to Sri Lanka and—
(a) proceedings against him for the offence for which he was extradited are not begun within the period of six months commencing on the day of his arrival in Sri Lanka on being extradited; or
(b) on his trial for that offence, he is acquitted or discharged by any court in Sri Lanka,
the Minister may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the designated Commonwealth country or treaty State from which he was extradited.
PART IV
Miscellaneous
19. Regulations.
(1) The Minister may make regulations under this Law in respect of all such matters as are necessary for giving full force and effect to the principles and provisions of this Law, and in particular, in respect of any matter required by this Law to be prescribed.
(2) Every regulation shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such regulation.
(3) All regulations made under this Law shall as soon as convenient after their publication in the Gazette, be brought before Parliament for approval. Any such regulation which is not so approved shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything previously done thereunder.
20. Extradition from Sri Lanka applicable to offences committed before and after the commencement of this Law.
A person whose extradition is sought by a designated Commonwealth country or treaty State shall, subject to the provisions of this Law, be liable to be arrested and extradited whether the offence in respect of which he has been accused or convicted was committed before or after the commencement of this Law.
21. Property found on fugitive offenders.
Everything found in the possession of a person at the time of his arrest which may be material as evidence in proving the extraditable offence may be delivered up with such person when he is dealt with subject to the rights, if any, of third persons in respect thereto.
122. …
[Omitted.]
23. Interpretation.
In this Law, unless the context otherwise requires—
“Designated Commonwealth country” includes—
(a) a colony, territory, protectorate or other dependency of such country;
(b) a territory for the international relations of which such country is responsible; and
(c) a ship or aircraft of, or registered in, such country;
“Extradition arrangement” includes any treaty or agreement relating to the extradition of fugitive offenders made prior to February 4, 1948, which extends to, and is binding on, the Government of Sri Lanka;
“Foreign state” means any State outside Sri Lanka other than a country within the Commonwealth and shall be deemed to include the Hong Kong Special Administrative Region of the People’s Republic of China;
[Am by s 4 of Act 48 of 1999.]
“Prescribed” means prescribed by regulations made under this Law;
“Treaty State” includes—
(a) a colony, territory, protectorate or other dependency of such State;
(b) a territory for the international relations of which such State is responsible; and
(c) a ship or aircraft of, or registered in, such State.
SCHEDULE
Description of Extraditable Offences
PART A
1. Murder.
2. Culpable homicide not amounting to murder.
3. Causing death by doing a rash or negligent act.
4. Causing miscarriage.
5. Voluntarily causing grievous hurt.
6. Voluntarily causing hurt.
7. Rape.
8. Carnal intercourse with a female between twelve and fourteen years.
9. Unnatural offences.
10. Procuring a girl or woman to become a common prostitute.
11. Bigamy.
12. Kidnapping, abduction, wrongful confinement.
13. Exposure and abandonment of a child under twelve years.
14. Bribery.
15. Giving or fabricating false evidence.
16. Mischief by fire.
17. An offence concerning counterfeit currency.
18. Forgery.
19. Theft, criminal breach of trust, dishonest misappropriation of property, falsification of accounts, cheating, dishonestly receiving stolen property or any other offences in respect of property involving fraud.
20. House breaking or house trespass.
21. Robbery.
22. Extortion.
23. An offence against bankruptcy law or company law.
24. Mischief.
25. Acts done with the intention of endangering vehicles, vessels, or aircraft.
26. An offence against the law relating to dangerous drugs or narcotics.
27. Piracy.
28. Revolt against the authority of the master of a ship or the commander of an aircraft.
29. Jeopardising the safety of aircraft in flight or of the persons or property on board such aircraft.
30. Contravention of import or export prohibitions relating to precious stones, gold and other precious metals.
31. An offence against the law relating to Exchange Control.
32. Unlawful seizure, or exercise of control, of an aircraft in flight.
33. Acts of violence against a person on board an aircraft in flight likely to endanger the safety of that aircraft
34. Destruction of or danger to, an aircraft in service as is likely to endanger its safety in flight.
35. Placing of device or substance on aircraft in service likely to cause destruction or damage to such aircraft.
36. Destruction of, damage to, or interference with, air navigation facilities used for international air navigation.
37. Communication of false information endangering the safety of aircraft.
38. —
(a) a violent attack upon the official premises the private accommodation, or the means of transport of an internationally protected person within the meaning of the Prevention and Punishment of crimes against Internationally Protected Persons Act, of 1991, likely to endanger his person or liberty;
40. —
(a) An act of violence by the use of any device, substance, or weapon, against a person at an airport serving international civil aviation within the meaning of the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Act, No. 31 of 1996, which causes, or is likely to cause serious injury or death, and being an act which endangers or is likely to endanger, safety of such airport.
(b) Destruction or serious damage to the facilities of an airport serving international civil aviation within the meaning of the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Act, No. 31 of 1996 or aircraft not in service located thereon or the disruption or services of such airport, and being an act which endangers or is likely to safety of such airport.
[Schedule item 40 ins by s 6 of Act 31 of 1996.]
41. The unlawful and intentional delivery, placing, discharging or detonation, of any explosive or other lethal device, within the meaning of the Convention on the Suppression of Terrorist Bombings in, into, or against, a place of public use or stale or government facility a public transportation system or infrastructure facility, with intent—
(a) to cause death or serious; bodily injury;
(b) to cause extensive destruction of such place, facility or system, where such destruction results in, or is likely to result in, major economic loss.
[Schedule item 41 ins by s 9 of Act 11 of 1999.]
42. An offence against the law relating to Explosives.
[Schedule item 42 ins by s 5 of Act 48 of 1999.]
43. An offence within the scope of an international convention relating to the suppression of international crime, in respect of which Sri Lanka and the requesting state are contracting states and which obliges the contracting states to prosecute or grant extradition for such offence.
[Schedule item 43 ins by s 5 of Act 48 of 1999.]
44. Hostage taking.
[Schedule item 44 ins by s 6(1) of Act 41of 2000.]
45. An offence covered by the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, signed at Rome on March 10, 1988.
[Schedule item 45 ins by s 6 of Act 42 of 2000.]
46. An offence within the scope of the Convention on the Suppression of Terrorist Financing Act, No. 25 of 2005.
[Schedule item 46 ins by s 12 of Act 25 of 2005.]
47. An offence covered by the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Act, No. 30 of 2005.
[Schedule item 47 ins by s 6 of Act 30 of 2005.]
51. An offence within the meaning of the Chemical Weapons Convention Act, No. 58 of 2007.
[Schedule item 51 ins by s 41 of Act 58 of 2007.]
52. An offence within the scope of the Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Act, No. 01 of 2008 (i.e. the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances signed at Vienna on December 20,1988).
[Schedule item 52 ins by s 10 of Act 1 of 2008.]
53. An offence within the scope of the Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, No. 01 of 2008 (i.e. the South Asian Association for Regional Co-operation Convention on Narcotic Drugs and Psychotropic substances signed at Male on November 23, 1990).
[Schedule item 53 ins by s 10 of Act 1 of 2008.]
54. An offence covered by the Anti-Corruption Act, No. 9 of 2023.
[Schedule item 54 ins by s 154(1) of Act 9 of 2023.]
PART B
(a) An offence within the scope of the Convention for the Suppression on Unlawful Seizure of Aircraft, signed at Hague on December 16, 1970;
(b) An offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971;
(c) An offence within the scope of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, signed at New York on December 14 1973.
(d) An offence within the scope of any Convention to which the SAARC member States are parties and which obliged the parties to prosecute or grant extradition;
(e) Murder, culpable homicide not amounting to murder, assault causing bodily harm, kidnapping, hostage-taking and offences relating to firearms, weapons, explosives and dangerous substances when used as a means to perpetrate indiscriminate violence involving death or serious bodily injury to persons or serious damage to property.
[PART B ins by s 2 of Act 70 of 1988.]
1 Section 22, repealing the Fugitive Persons Act, No. 29 of 1969, is omitted from this Edition.
Factories Ordinance
FACTORIES ORDINANCE
Arrangement of Sections
1. Short title.
PART I
Registration of Factories and Approval of Factory Buildings
2. Registration of factories and approval of buildings.
3. Power to make regulations.
4. Notice of intention to commence the occupation of or the use of any premises as a factory and notice to be furnished in respect of a factory established before the date notified by the Ministry under section 2.
5. Notice of suspension and resumption of work in a factory.
5A. Local authorities not to issue licence in respect of factories registered under this Ordinance.
PART II
Health (General Provisions)
6. Cleanliness.
7. Overcrowding.
8. Regulations increasing amount of cubic space allowance for each person.
9. Calculation of amount of cubic space in rooms.
10. Notice of number of persons employed to be posted in each work.
11. Temperature.
12. Ventilation.
13. Lighting.
14. Drainage of floors.
15. Sanitary conveniences.
16. Power to require medical supervision.
PART III
Safety (General Provisions)
17. Prime movers.
18. Transmission machinery.
19. Other machinery.
20. Provisions as to unfenced machinery.
21. Construction and maintenance of fencing.
22. Construction and sale of new machinery.
23. Vessels containing dangerous substances.
24. Self-acting.
25. Cleaning of machinery by women and young persons.
26. Training and supervision of young person’s working at dangerous machines.
27. Hoists and lifts.
28. Chains, ropes and lifting tackle.
29. Cranes and other lifting machines.
30. Construction and maintenance of floors, passages and stairs.
31. Safe means of access and safe place of employment.
32. Precautions in places where dangerous fumes are liable to be present or where deficiency of oxygen is liable to occur.
33. Precautions with respect to explosive or inflammable dust, gas, vapour or substance.
34. Steam boilers.
35. Steam receivers and steam containers.
36. Air receivers.
36A. Gas receivers.
37. Exceptions as to steam boiler steam receivers and containers air and gas receivers.
38. Precautions as respects water-sealed gasholders.
38A. Regulations.
39. Means of escape in case of fire.
40. Regulations as to means of escape in case of fire.
41. Safety provisions case of fire.
42. Instruction as to use of means of escape in case of fire.
42A. Regulations requiring the installation of firefighting appliances.
43. Power of Commissioner to require special safety arrangements for the prevention of accidents.
44. Power to make orders as to dangerous conditions and practices.
44A. Power to make orders as to safety of factory premises.
45. The use of other machinery.
PART IV
Welfare (General Provisions)
46. Supply of drinking water.
47. Regulations as to washing facilities.
48. Accommodation for clothing.
49. Facilities for resting for female workers.
50. First-aid.
PART V
Health, Safety and Welfare (Special Provisions and Regulations)
51. Removal of dust or fumes.
51A. Precautions where asphyxiate or irritant gas or vapour is used or is liable to be present.
52. Meals in certain dangerous trades.
53. Protection of eyes.
53A. Protection from radiation and vibration.
54. Shuttle threading by mouth suction.
55. Prohibition of use of white phosphorus in manufacture of matches.
56. Underground rooms.
57. Laundries.
58. Lifting excess weights.
58A. Prevention of noise.
58B. Precautions to be taken in factories where electricity is generated.
Special Regulations for Safety and Health
59. Power to make special regulations for safety and health.
Supplementary Provisions
60. Power to photograph take samples.
PART VI
Notification and Investigation of Accounts and Industrial Diseases
61. Notification of accidents.
62. Power to extend to dangerous occurrences provisions as to notice of accidents.
63. Notification of industrial diseases.
64. Investigation into case of death by accident or industrial disease.
65. Power to direct formal investigation of accidents and cases of disease.
66. Duty of authorised factory doctor to investigate a report in certain cases.
66A. Insurer to furnish information to the Chief Factory Inspecting Engineer.
PART VII
Employment of Workers
67. General conditions as to hours of employment of women and young persons.
67A. Employment of women at night in a factory or an industrial undertaking.
68. Overtime employment of women and young person’s over sixteen.
69. Definition of “overtime employment”.
70. Register of overtime.
71. Restriction of employment inside and outside factory on same day.
72. Prohibition of use of rooms during intervals.
73. Weekly and annual holidays.
74. Exception as to workers holding positions of management.
75. Power to suspend certain provisions of Part VII in emergency.
76. Provision for protection of women and young person’s employed under exceptions.
77. Repealed.
78. Power of Factory Inspecting Engineer to require certificate of fitness for work.
78A. Definition of worker.
PART VIII
Special Applications and Extensions Premises in Respect of Which Owner is Liable
79. Parts of buildings let off as separate factories.
79A. Tenement factories.
Electrical Stations
80. Application of Ordinance to electrical stations.
Institutions
81. Institution.
Docks, Wharves, Quays, Warehouses and Ships
82. Docks.
83. Ships.
Building and Other Construction Works
84. Building and other construction works.
85. Repealed.
Lead Processes Carried on in Places Other than Factories
86. Employment of women and young persons in places other than factories in processes connected with lead manufacture or involving the use of lead Compounds.
PART IX
Home Work
87. Lists of outworkers to be kept in certain trades.
88. Employment of persons in unwholesome premises.
PART X
Miscellaneous
89. Notice of use of mechanical power.
90. Posting of abstract of Ordinance and notices.
91. Provisions as to special regulations.
92. General registers.
93. Preservation of registers and records.
94. Periodical return of persons employed.
95. Duties of persons employed.
96. Prohibition of deductions from wages.
97. Weights, measures and weighing and measuring instruments used in ascertaining wages.
PART XI
Administration
98. Administration of the Ordinance.
99. Industrial Safety and Health Advisory Committee.
100. Appointment of Chief Factory Inspecting Engineer and other officers.
101. Powers of Chief Factory Inspecting Engineer and other officers.
102. Powers of Factory Inspecting Engineer to be exercised by other officer in certain cases.
103. Certificate of person appointed under section 100.
104. Appointment and duties of authorised factory doctor.
105. Regulations.
PART XII
Repealed
106. Repealed.
107. Repealed.
PART XIII
Supplementary Offences, Penalties and Legal Proceedings
108. Liability of occupier, owner, employed person of a factory.
109. Fines for offences for which no express penalty is provided.
110. Power of court to order cause of contravention to be remedied.
111. Fines in case of death or injury.
112. Fine for offence by parent.
113. Forgery of certificates, false entries, and false declarations.
114. Penalty on persons actually committing offence for which occupier is liable.
115. Power of occupier or owner to exempt himself from liability on conviction of the actual offender.
116. Proceedings against persons other than occupiers or owners.
117. Owner of machine liable in certain cases instead of occupier.
118. Prosecution of offences and recovery and application of fines.
119. Special provisions as to evidence.
120. Service and sending of documents.
121. Repealed.
122. Power of District Court to modify agreements.
123. Power of District Court to apportion expenses.
PART XIV
Application of Ordinance
124. General application of Ordinance.
125. Application to factories belonging to the State.
PART XV
Interpretation and General Interpretation
126. Interpretation of expression factory.
127. General interpretation.
128. Application of Ordinance to young person’s employed in factories in certain occupations.
General
129. Inspection of certain premises.
130. Expenses of Commissioner.
131. Mines and Machinery Protection Ordinance, 1896, to cease to apply to factories.
45 of 1942,
22 of 1946,
12 of 1976,
54 of 1961,
32 of 1984,
18 of 1998,
33 of 2000,
19 of 2002,
4 of 2021.
AN ORDINANCE to make provision for the safety and welfare of workers in Factories.
[Date of Commencement: 1st January, 1950]
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Farmers Pension and Social Security Benefit Scheme Act
Fauna and Flora Protection Ordinance
FAUNA AND FLORA PROTECTION ORDINANCE
Arrangement of Sections
1. Short title.
PART I
National Reserves and Sanctuaries
2. Constitution of National Reserves, Strict Natural Reserves, National Parks, Nature Reserves, Jungle Corridors, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.
2A. Management Plans for National Reserves and Sanctuaries.
2B. Assessment of impacts of activities within National Reserves and Sanctuaries
2C. Services and facilities within National Reserves or Sanctuaries
2D. Nature Trails
3. Essential features of Strict Natural Reserves, Jungle Corridors, National Parks, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.
3A. Ban on tourist hotels within one mile of National Reserve.
4. Restriction of entry into Strict Natural Reserves.
5. Restriction of entry into National Parks.
5A. Restriction of entry into Nature Reserves.
5B. Causing nuisance or disturbance within a National Reserve.
6. Acts prohibited in Strict Natural Reserves, National Parks, Nature Reserves and Jungle Corridors.
6A. Acts prohibited in National Reserves and Sanctuaries.
7. Acts regulated in Sanctuaries.
8. Acts prohibited in vicinity of National Reserve.
8A. Repealed.
9. Special regulations for Part I.
9A. Restriction on development activity within one mile of a National Reserve
10. Offences and penalties under Part I.
11. Interpretation of Part I.
PART II
Elephants and Buffalo
12. Protection of elephants in areas outside National Reserves and Sanctuaries.
13. Declaration of areas in which damage by elephant or buffalo is apprehended.
14. Repealed.
15. Repealed.
16. Killing or taking of elephants and buffaloes to be reported forthwith.
17. Property in elephants killed or taken under Part II.
18. Director authorised to dispose of tusks and car cases of dead elephants.
19. Royalties payable on elephants.
19A. Prohibition of export of any part of an elephants.
20. Offences-Elephants.
21. Offences-Dead elephants.
22. Repealed.
22A. Registration and licensing of elephants.
23. Penalty for unlawful possession of elephant.
24. Tusks and tushes to be registered.
24A. Tusks and tushes to be licenced.
24B. Inspection of places where tusks and tushes are kept.
25. Power of Director to seize elephant, tusk or tush on suspicion.
26. Repealed.
27. Special regulations for Part II.
28. Interpretation Part II.
29. Elephant orphanages.
PART III
Vertebrates and Invertebrates
30. Offences relating to mammals and reptiles not included in Schedule I.
31. Offence relating to birds.
31A. Offences relating to amphibians and fishes included in Schedules III and IV.
31B. Offences relating to invertebrates included in Schedule IV A.
32. Repealed.
33. Repealed.
34. Alteration of Schedules I, II, III and IV.
35. Proof of species of mammals, birds, reptiles, amphibians, fishes or invertebrates.
36. Temporary prohibition against killing or taking of birds in specified areas.
37. Prohibition of import of mammals, birds, reptiles, fishes and invertebrates without permits.
38. Regulations may be made.
39. Penalties for unlawful import or release of mammals, birds, reptiles, amphibians, fishes and invertebrates.
40. Prohibition of export of mammals, birds, reptiles, amphibians, fishes, corals and invertebrates without a permit.
41. Penalty for unlawful export or re-export of mammals, birds, reptiles, amphibians, fishes, and invertebrates.
PART IV
Flora
Protection of Plants Included In Schedule V.
42. Protection of plants included in schedule V.
43. Protected trees.
44. Alteration of Schedules V and VI.
45. Regulations relating to flora.
46. Offences under Part IV.
46A. Certificate of proof.
47. Savings—Part IV.
48. Interpretation of Part IV.
PART V
Miscellaneous Provisions
49. Taxidermists and traders in animals skins to be licensed.
49A. Registration of animals in the possession of individuals.
50. No gun to be discharged on a prohibited road.
51. Prohibition of shooting from vehicles.
52. Prohibition of use of artificial lights.
52A. Prohibition of shooting in vicinity of water holes.
52B. No food or substance to be used for inducing any animal.
53. Regulation of hunting, shooting on State land or public thoroughfare outside National Reserves.
53A. Prohibition of the poison on animals.
53B. Prohibition on the possession of the flesh of any animal killed or taken by the use of poison.
53C. Proof in case of identification of flesh of animals.
54. Prohibition on serving as food the flesh of any animal the killing of which is prohibited.
55. Circumstances in which acts otherwise prohibited may be authorised.
55A. Interpretation of Part V.
55B. Powers of Director-General to confiscate timber felled in a National Reserve or Sanctuary.
55C. Seizure of timber felled within a National Reserve or Sanctuary.
55D. Transportation of timber seized in terms of sections 55B and 55C.
PART VI
General Licences and Permits
56. Refusal and revocation of licences and permits.
57. Licences and Permits not to the transferred.
57A. Power to recover charges and fees.
Offences and Penalties
58. General penalty.
58A. Special penalty for offences against elephants.
59. Attempts and abetment.
60. General exceptions to liability.
60A. Certificate in respect of inability to produce.
60B. Indemnity for acts done in good faith.
60C. Presumption of ownership of plants and animals.
60D. Director-General’s certificate to be prima facie evidence.
60E. Public Litigation.
61. Repealed.
62. Repealed.
63. Offences to be triable summary by Magistrates Courts.
64. Power of Magistrate’s Court to make order of confiscation.
65. Wildlife Preservation Fund.
66. Powers of arrest and search.
66A. Offences by officers.
66B. Power to ascertain name and address of an offender.
66C. Special powers in respect of unlicensed guns.
66D. Director to control roads within the boundaries of any National Reserve.
67. Erection of barriers and search of vehicles on roads adjoining National Reserve.
67A. Jurisdiction over offences committed at sea.
67B. Offences under the Ordinance to be cognizable and bailable.
67C. The Director and prescribed officers to be peace officers.
67D. Power of Director and prescribed officers to hold inquiries.
67E. Arrests, searches how to be made.
67F. Ejectment from Crown Land.
Appointment of Officers and Advisory Committee
68. Appointment of officers.
68A. Plans and programmes for Wildlife Conservation.
68B. Guidelines to be framed by the Director.
69. Delegation of Powers of Director.
70. Advisory committee.
General Regulations
71. General regulations.
Interpretation and Savings
72. Interpretation.
73. Savings Licenses.
74. Savings Proclamations notifications.
75. Operation of Fisheries Ordinance.
SCHEDULES
2 of 1937,
31 of 1942,
12 of 1944,
12 of 1945,
38 of 1949,
44 of 1964,
1 of 1970,
49 of 1993,
12 of 2005,
22 of 2009,
7 of 2022.
AN ORDINANCE to provide for the protection and conservation of the Fauna and Flora of Sri Lanka and their habitats; for the prevention of commercial and other misuse of such fauna and flora and their habitats; for the conservation of biodiversity of Sri Lanka; to make such measures to give effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); and to provide for matters connected therewith or incidental thereto.
[Long title subs by s 2 of Act 22 of 2009; s 2 of Act 7 of 2022.]
[Date of Commencement: 1st March, 1938]
1. Short title.
This Ordinance may be cited as the Fauna and Flora Protection Ordinance.
PART I
National Reserves and Sanctuaries
2. Constitution of National Reserves, Strict Natural Reserves, National Parks, Nature Reserves, Jungle Corridors, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.
(1) The Minister may by Order published in the Gazette declare that any specified area of State land shall for the purposes of this Ordinance be a National Reserve and may by that Order or by any Order subsequently published in the Gazette declare that the whole or any specified part of any such National Reserve shall be—
(a) a Strict Natural Reserve; or
(b) a National Park; or
(c) a Nature Reserve; or
(d) a Jungle Corridor; or
(e) Marine National Park;
[S 2(1)(e) subs by s 3(1) of Act 22 of 2009.]
(f) a Marine Reserve; or
[S 2(1)(f) ins by s 3(1) of Act 49 of 1993.]
(g) a Buffer Zone.
[S 2(1)(g) ins by s 3(1) of Act 49 of 1993.]
(2) The Minister may by Order published in the Gazette declare that any specified area of land within Sri Lanka (other than land declared to be a National Reserve) shall be a Sanctuary or a Managed Elephant Reserve for the purposes of this Ordinance.
[S 2(2) am by s 3(2) of Act 22 of 2009.]
(2A) An Order made under subsection (1) and subsection (2) of this section, shall have no effect unless it has been approved by Parliament and the notification of such approval is published in the Gazette.
[S 2(2A) ins by s 3(3) of Act 22 of 2009.]
(3) An area declared to be a Sanctuary or a Managed Elephant Reserve may include both State land and land other than State land.
[S 2(3) am by s 3(4) of Act 22 of 2009.]
(4) —
(a) The Minister may by Order published in the Gazette declare that from a specified date—
[S 2(4) re-numbered as s 2(4)(a) by s 3(5)(a) of Act 22
of 2009.]
(i) the limits of any National Reserve or Sanctuary may be altered or varied;
[S 2(4)(a) re-numbered as S 2(4)(i); am by s 3(5) of Act 22 of 2009.]
(ii) any National Reserve or part thereof shall cease to be a National Reserve;
[S 2(4)(b) re-numbered as S 2(4)(ii) by s 3(5)(b) of Act 22 of 2009.]
(iii) any Sanctuary or part thereof shall cease to be a Sanctuary;
[S 2(4)(c) re-numbered as S 2(4)(iii) by s 3(5)(b) of Act 22 of 2009.]
(iv) that a National Reserve of one class shall be a National Reserve of another class.
[S 2(4)(d) re-numbered as S 2(4)(iv) by s 3(5)(b) of Act 22 of 2009.]
(b) an Order made by the Minister under this subsection shall have no effect unless it has been approved by Parliament and the notification of such approval is published in the Gazette.
[S 2(4)(b) ins by s 3(5)(d) of Act 22 of 2009.]
(5) In the case of any change of boundaries or the disestablishment of a National Reserve or Sanctuary or Managed Elephant Reserve, a study shall be conducted and such study shall include an investigation of the ecological consequences of the proposed change.
[S 2(5) subs by s 3(6) of Act 22 of 2009.]
(6) the Minister may make regulations relating to any Managed Elephant Reserve or any Sanctuary.
[S 2(6) ins by s 3(6) of Act 22 of 2009.]
2A. Management Plans for National Reserves and Sanctuaries.
(1) A Management Plan may be prepared by a Management Planning Committee appointed by the Director-General for every National Reserve, based on such guidelines as may be prescribed.
(2) The Minister may by Order specify any Nation Reserve, Sanctuary or any Managed Elephant Reserve for which a Management Plan is required, taking into consideration the prevailing circumstances.
(3) The Secretary to the Ministry of the Minister shall endorse the Management Plan as being prepared in accordance with the provisions of the Ordinance.
(4) (a) A Management Plan may be amended or altered subject to the approval of the Director-General—
(b) The implementation of all Management Plans shall be monitored according to an approved plan, made by the Director-General and be subject to an evaluation within five years of the date of adoption of such Management Plan.
(c) Where a new Management Plan has to be prepared, it shall be prepared in accordance with the provisions of this section and be endorsed prior to the lapsing of the five years mentioned in paragraph (b).
[S 2A subs by s 4 of Act 22 of 2009.]
2B. Assessment of Impacts of activities within National Reserves and Sanctuaries.
(1) The Director-General may, prior to carrying out and giving effect to any activity under a Management Plan, require an assessment of the impact of such activity on the fauna and flora and their habitat to be made.
(2) The report on the assessment of the impacts of such activity shall included, but shall not be limited to—
(a) a statement of the existing or anticipated impact upon the fauna and flora, including an account of the species and habitats affected and extent to which they are or may be threatened;
(b) a statement of the existing or anticipated social and economic impact of such activity;
(c) a statement of where rare, endangered or endemic species are or may be affected;
(d) a list of alternative actions, including inaction which might be taken to remove or lessen any adverse impact; and
(e) any recommendation for subsequent action.
(3) The Minister may from time to time issue guidelines for the purposes of the implementation section.
[S 2B ins by s 4 of Act 22 of 2009.]
2C. Services and facilities within National Reserves or Sanctuaries.
(1) The Director-General may provide visitor services and facilities in National Reserves and Sanctuaries. The Director-General shall however ensure that the provision of such services and facilities do not damage the ecosystem concerned. Such services and facilities shall be provided according to the Management Plan, where applicable.
(2) The Director-General shall administer, control and manage the facilities and services which are to be provided within any National Reserve or Sanctuary.
[S 2C ins by s 4 of Act 22 of 2009.]
2D. Nature Trails.
(1) The Director-General may provide for roads and tracks within a National Reserve or a Sanctuary on State land to be nature trails for the use of any person who desires to travel on foot or otherwise as permitted, to study or observe the fauna and flora therein:
Provided that the State shall not be liable for any injury or damage sustained or incurred by any person using such trail.
(2) No person shall use any such nature trial unless he has obtained a permit issued by the Director-General upon the payment of the prescribed fee.
(3) Regulations may be made specifying the manner in which any person may use such nature trial.
(4) The Director-General, giving effect to the provisions of this section, shall consider the advice and recommendations of the Advisory Committee established under this Ordinance.
[S 2D ins by s 4 of Act 22 of 2009.]
3. Essential features of Strict Natural Reserves, Jungle Corridors, National Parks, Refuges, Marine Reserves, Buffer Zones and Sanctuaries.
(1) Save as hereinafter provided—
(a) no person shall be entitled to enter any Strict Natural Reserve or Nature Reserve, or in any way to disturb the fauna and flora therein;
[S 3(1)(a)subs by s 5(1) of Act 49 of 1993.]
(b) no person shall be entitled to enter any National Park or any Marine National Park except for the purpose of observing the fauna and flora therein;
[S 3(1)(b) am by s 5(1)(a) of Act 22 of 2009.]
(c) no animal shall be hunted, killed or taken, and no plant shall be damaged, collected or destroyed in a Strict Natural Reserve destroyed, in a Strict Natural Reserve.
[S 3(1)(c) subs by s 5(1) of Act 49 of 1993.]
(d) no person shall hunt, shoot, kill or take any wild animal, or take or destroy any egg of any bird or reptile or any nest of any bird, in any Sanctuary.
[S 3(1)(d) am by s 3 Act 44 of 1964.]
(1A) No person shall, on any State land or any part thereof within any Sanctuary, carry, or have in his possession or under his control, a gun, or a cartridge or other explosive of any description except under the authority, and in accordance with the terms or conditions, of a permit issued by the prescribed officer upon the payment of the prescribed fee. The preceding provisions of this subsection shall be in addition to, and not in derogation of, the provisions of the Firearms Ordinance.
[S 3(1A) ins by s 4(1) Act 1 of 1970.]
(2) …
[S 3(2) rep by s 5(2) of Act 49 of 1993]
(3) —
(a) Nothing in the preceding provisions of this section shall be deemed or construed to prohibit or restrict the exercise by any person of any right acquired by him, whether by law or custom or usage, or traditional practice, in or over any land situated within the limits of any National Park, Nature Reserve, Marine National Park, Jungle Corridor, or in or over any State land in any Sanctuary, being a right which was so acquired by such person prior to the date of the establishment of such National Park, Nature Reserve, Marine National Park, Jungle Corridor or Sanctuary.
(b) For the purpose of this subsection, the Minister shall prescribe the customs, usages and traditional practices which may be exercised in or over any land situated within the limits of any National Park, Nature Reserve, Marine National Park, Jungle Corridor or in or over any state land in any sanctuary.
[S 3(3) subs by s 5(1)(c) of Act 22 of 2009.]
(4) Any right referred to in subsection (3) which has not been, or is not exercised by the person entitled thereto for a continuous period of two years shall be deemed to have lapsed, or to lapse, and to have been, or to be, ceded to the State.
[S 3(4) ins by s 4(2) of Act 1 of 1970.]
3A. Ban on tourist hotels within one mile of National Reserve.
(1) No person shall, within one mile of the boundary at a National Reserve, construct a tourist hotel or provide any services or facilities similar to the services or facilities provided by a tourist hotel.
[S 3A ins by s 6 of Act 4 of 1993; re-numbered as s 3A(1) by s 6(1) of Act 22 of 2009.]
(2) No person shall commence or cause to be commenced any expansion to any tourist hotels situated within a one mile radius of the outer boundary of a National Reserve.
[S 3A(2) ins by s 6(2) of Act 22 of 2009.]
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