Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Business Registration (Surcharge) Act (No. 16 of 1961) - Sect 3

Recovery of the surcharge in default

3.
(1) Where the amount of the surcharge is in default then,-
(a) if the person in default is an individual, such individual; or
(b) if the person in default is a firm, every partner in that firm,
(2) The Registrar of Companies, or the Deputy Registrar of Companies, or any Assistant Registrar of Companies, or the Registrar of Business Names, may issue a certificate containing particulars of the amount of the surcharge in default and the name and the last known place of business or residence of the defaulter to a Magistrate having jurisdiction in the division in which such place is situate. The Magistrate shall thereupon summon such defaulter before him to show cause why further proceedings for the recovery of that amount should not be taken against him, and in default of sufficient cause being shown, that amount shall be deemed to be a fine imposed by a sentence of the Magistrate on such defaulter for an offence punishable with a fine only or not punishable with imprisonment, and the provisions of subsection (1) of section 312 (except paragraphs (a), (c) and (h) thereof) of the Criminal Procedure Code relating to default of payment of a fine imposed for such offence shall thereupon apply, and the Magistrate may make any directions which by the provisions of that sub section he could have made at the time of imposing such sentence.
(3) The payment at any time of the amount of the surcharge in default by or on behalf of a defaulter under this section, shall operate as a discharge of that defaulter and of all other defaulters in respect of that amount.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]