Sri Lanka Consolidated Acts

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Poor Relief Act (No. 32 of 1985) - Sect 10

Provisions regarding recovery of amounts required to be paid under section 7

10.
(1) Where any person required by a notice under section 7 to pay the amount of any poor relief granted to him under this Act, fails to pay such amount within the period specified in such notice or where an appeal has been preferred against the decision requiring him to pay such amount, fails to pay such amount within thirty days of the dismissal of such appeal the amount specified in the notice shall be deemed to be in default and the person by whom such amount is payable shall be deemed to be a defaulter for the purposes of this Act.
(2)
(a) Where any amount is in default, the Commissioner may issue a certificate to a Magistrate's Court having jurisdiction in any division where the defaulter resides or ion which any movable property owned by the. defaulter is situated, containing particulars of the amount in default and the name of the defaulter by whom the amount is payable.
(b) Upon receipt of a certificate under paragraph (a) of this subsection, the Magistrate shall summon the defaulter before him to show cause why further proceedings for the recovery of the amount specified in the certificate 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 fine only and not punishable with imprisonment and the provisions of subsection (1) of section 291 of the Code of Criminal Procedure Act, No. 15 of 1979, (except paragraphs (a), (b) and (i) of subsection (1) of that section) relating to the default of payment of a fine imposed for such an offence shall thereupon apply and the Magistrate may make any direction which by the provisions of that subsection, he could have made at the time of imposing such sentence.
(3) Whenever the Commissioner tissues a certificate under this section, he shall forthwith issue to the defaulter a notification thereof by personal service or registered letter sent through the post or telegraph, but non-receipt of such notification by the defaulter shall not invalidate proceedings taken under this section.


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