6. Replacement of section 59 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 59 of the principal enactment is hereby repealed and the following section is substituted therefor: -

59. (1) (a) Summons shall ordinarily be served by the process server, registered post or courier service.

(b)

Where the plaintiff wishes summons may also be served through electronic mail, all necessary documents shall be submitted by the plaintiff to the relevant court in electronic form.

(2)

In the case of a company or a body corporate summons may be delivered by the process server, registered post, courier service or electronic mail if any to the registered office or to the principal place of business of such company or body corporate.

(3)

Where the defendant is a public officer, the court may send summons by the process server, registered post or courier service to the

“Service of summons head of the department in which the defendant is employed, and it shall be the duty of such head of department to cause the summons to be served personally on the defendant.

(4)

Where the court is prima facie satisfied that the defendant is in the employment of another person, the court may send the summons by the process server, registered post or courier service to the employer at his place of business or, where the employer is a company or a body corporate, to any secretary, manager or other like officer of the company or the body corporate, and it shall be the duty of such employer or officer, as the case may be, to cause the summons to be served personally on the defendant.

(5)

Where a defendant appears in court in person on summons being served on him in the manner referred to above, he shall produce the national identity card or passport or any other mode of identification as the court may deem fit.

(6)

In this section-

“ head of department ”-

(a)

when used with reference to a member of any unit of the Sri

Lanka Army, Navy or Air Force, means the Commanding Officer of that unit;

(b)

when used with reference to a person employed in a local authority, where the local authority is a Municipal

Council, means the Municipal

Commissioner of that Council and where the local authority is an Urban Council or a

Pradeshiya Sabha, means the

Chairman or the Secretary of that

Council or Sabha;

(c)

when used with reference to any other public officer means the head of the department of

Government in which such person is employed; and

“national identity card” means the identity card issued to such person under the Registration of Persons

Act, No. 32 of 1968.”.

Read on from s 7