Sri Lanka Consolidated Acts

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Local Authorities (Imposition Of Civic Disabilities) (No. 1) Law (No. 1 Law ) - Sect 5

Recovery of losses

5.
(1) Where in any Report of the said Commission any finding has been made against any person whomsoever that loss has been caused to any local authority by such person, the Auditor-General shall assess the amount of such loss and issue a certificate under his hand certifying the amount of such loss, after having given an opportunity to such person to make representations to him in regard to the assessment of the amount of such loss by the Auditor-General.
(2) The correctness of any statement in any such certificate or the amount of the loss certified therein shall not be called in question In any proceeding in any court for the recovery of such loss, or otherwise, and shall be conclusive of all matters contained therein, and shall be admissible In evidence in the recovery proceedings hereinafter referred to.
(3) A copy of such certificate shall be served on the person named therein, and such person shall pay to the Auditor-General the amount set out in the certificate within a period of thirty days from the date of the posting of such certificate to him.
(4) A copy of such certificate shall be deemed to have been duly served upon it being sent to such person by post in a registered letter addressed to his last known place of residence.
(5) The Auditor-General shall credit all such payments received by him to the respective local authority to which the loss has been found to have been caused in such Reports.
(6) Where any person to whom a certificate has been delivered as aforesaid fails to pay the amount due from him as set out in such certificate within the time aforesaid, such amount shall "be deemed to be in default and shall be recovered on application made by the Auditor-General or an officer authorized in writing by him in that behalf to the Magistrate's Court having jurisdiction over the place where the person resides or is last known, to have resided as though such amount were a fine imposed by such Magistrate on such person, notwithstanding that such amount exceeds the amount of fine which a Magistrate may impose in the exercise of his ordinary jurisdiction.


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