Common Amenities Board (Amendment) Act 2003 · As enacted
14. Insertion of new sections 15A, 15B and 15C of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The following new sections are hereby inserted immediately after section 15 of the principal enactment and shall have effect as sections 15A, 15B and 15C of that enactment :—
15A. (1) Upon production of a certificate issued by the General Manager stating that a sum of money is due to the Authority on a specified date from the person, specified therein, before a District Court having jurisdiction in the district in which that person resides or where any property movable or immovable owned by that person is situated, the Court shall issue an injunction restraining such person from the place where such property is kept or from causing or permitting the removal therefrom of such property and shall direct a writ of execution to be issued to the Fiscal authorizing and requiring him to seize and sell all or any of the property movable and immovable of such person or such part thereof as may be necessary for the recovery of that sum ; the provisions of sections 226 and 297 of the Civil Procedure
Code (Chapter 101) shall, mutatis mutandis, apply to such a seizure and sale.
Where the General Manager issues a certificate referred to in subsection (1), he shall at the same time issue to the person specified in the certificate a notification thereof by personal service, registered post, or telegraph, but the non-receipt of such notification by such person shall not invalidate proceedings under this section.
“Recovery of monies due to the Authority.
15B.
Recovery of
Any person who is liable to pay any sum under this Law to the Authority shall, if he is an employee of the Government of Sri Lanka, or the Local Government Service, Judicial
Service, or of any corporate or incorporated body, be liable to have any such sum recovered or deducted out of his remuneration from such employment.
the
The General Manager shall, if he is of the opinion that the method of recovery referred to in subsection (1) is a satisfactory method of recovery in the case of any person, direct in writing to the employer of that person to deduct and pay to the Authority out of the remuneration payable to that person such amount in such manner, and at such intervals as may be specified in the directions.
Every employer who receives a direction under subsection (2) shall forthwith comply with such direction.
Where a deduction from remuneration out of such employment is made, the employer shall within a reasonable time, but not later than fourteen days from the date of recovery, issue a receipt to the person from whom the recovery has been made acknowledging receipt of such money or recovery of such dues and shall forthwith inform the General Manager from whom he has received such direction of that fact.
Where any person in respect of whom a direction under subsection (2) is in force is about to leave, or leaves, the employment of his employer, the employer shall forthwith —
sums liable to be paid to the
Authority by a person out of remuneration of such person.
if the remuneration due to such person exceeds the sum liable to be paid under such direction to the Authority deduct that sum from such remuneration and pay the sum so deducted to the
Authority ; and
if such remuneration does not exceed the sum to be recovered, pay the amount of such remuneration to the
Authority.
Where for any reason an employer of any person is unable to comply with a direction issued under subsection (2), he shall inform the
General Manager forthwith in writing of his inability to do so and the reason therefor.
Every employer who contravenes any of the preceding provisions of this section shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding ten thousand rupees or to imprisonment of either description for a period not exceeding one year or to both such fine and imprisonment.
Where any offence under the preceding provisions of this section is committed by a body of persons, then—
if the body of person is a body corporate, every director and officer of that body corporate ; and
if the body of persons is a firm, every partner of that firm, shall be deemed to be guilty of such offecne :
Provided that no such director, officer or partner shall be deemed to be guilty of such offence if he is able to prove that such offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
No prosecution for an offence under this section shall be instituted except by or with the sanction of the Authority.
Nothing in the preceding provisions of this section shall affect, or be deemed or construed to affect the rights of the General
Manager to recover in any other manner or by any other procedure applicable in that behalf, any sum which is liable to be paid to the Authority under this law and in respect of which he has given a direction under subsection (2).
15C. The General Manager is authorized on behalf of the Authority to sign and execute all documents required to be signed or executed in the exercise, discharge or performance of any power, function or duty assigned to him by the
Authority under this law.”.