Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 61

Conditional order to be made absolute or rescinded

61.
(1) Any order made under the preceding section shall be served on the person against whom it is made in the manner provided for the service of summons.
(2) The person against whom such order is made shall within the prescribed time-
(a) perform the act directed thereby; or
(b) appear in court and show cause and move to have the order set aside or modified.
(3) If such person does not perform such act or appear and show cause he shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and the order shall be made absolute:
(4) If such person appears and seeks to show cause against the order the court shall take evidence in the matter. If such court is satisfied that the order is not reasonable and proper it shall either rescind the same or modify it in accordance with the requirements of the case, and in the latter case the order as modified shall be made absolute. If such court is not so satisfied the order shall be made absolute.
(5) When an order has been made absolute the court shall give notice of the same to the person against whom it was made and shall further require him to perform the act directed within the prescribed time and inform him that in case of disobedience he will be liable to the penalties provided by subsection (3). If such act is not performed within the prescribed time the court may cause it to be performed and may recover the cost of performing it either by the sale of any building, goods, or other property removed by its order or by the seizure and sale of any other movable property of such person within or without the jurisdiction of such court.
(6) A Magistrate may order any person not to repeat or continue a public nuisance as defined in any written law.
(7) No suit shall lie in respect of anything done in good faith under this section.


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