Sri Lanka Consolidated Acts

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Sri Lanka Ports Authority (Amendment) Act (No. 7 of 1984) - Sect 19

Insertion of new section 42A in the principal enactment. [ 19, 7 of 1984]

19. The following new section is hereby inserted immediately after section 42 of the principal enactment, and shall have effect as section 42A of that enactment:
42A.
(1) If the consignee, consignor, importer, exporter, shipper, owner of the goods or the master or owner of any vessel or agent of any such master or owner, as the case may be, refuses, fails or neglects to pay any charges due to the Authority, the Authority shall intimate to such consignee, consignor, importer, exporter, shipper, owner of the goods or the master or owner of any vessel or agent of any such master or owner, as the case may be, the charges due by way of a certificate by posting such certificate to the last known address, and such certificate shall be published in the Gazette.
(2) Any person aggrieved by the certificate shall, within a period of thirty days of the posting of such certificate, make an application to the District Court having jurisdiction in any district where such person resides or in which any property movable or immovable, owned by such person is situated.
(3) If no application is made to Court within such period referred to in subsection (2) the Authority shall be entitled to recover such amount due as a debt and the Court shall direct a writ of execution to issue to the Fiscal authorizing and requiring him to seize and sell all or any property movable and immovable of that person or such part thereof as may be necessary for the recovery of that sum and the provisions of section 226 to 297 of the Civil Procedure Code shall mutatis mutandis apply to the execution of such writ and the seizure and sale and nothing in this Act shall be deemed to be in derogation of the rights of the Ports Authority to recover the said charges or any part thereof by any other legal proceedings:


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