Foreign Exchange Act 2017 · As enacted
15. Recovery of sums due to Government
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
Where any person fails to pay any sum of money or penalty to the Central Bank under sections 11 or 13, the Governor of the Central Bank shall cause a certificate to be issued under his hand, setting out the sum of money required to be paid by such person.
The sum of money so certified shall be deemed to be a debt due from such person to the Government and may be recovered by the Central Bank by issuing a certificate to the
District Court having jurisdiction in the district where the person resides.
Such certificate shall contain the particulars of the sum due and the name and place of residence as given in the authorization issued under section 4.
Court shall thereupon direct a writ of execution to be issued to the Fiscal authorizing and requiring him to seize and sell all the property movable and immovable of the defaulting person or such part thereof as the Court may deem necessary for recovery of the amount so due and the provisions of sections 226 to 297 of the Civil Procedure
Code (Chapter 101) shall, mutatis mutandis apply to and in relation to such seizure and sale.
Where the Central Bank is of the opinion that it is impracticable or inexpedient to recover the sum required to be paid under subsection (1) or where the full amount has not been recovered by the seizure and sale, then, the Central
Bank may issue a certificate containing particulars of the sum so due and the name of the person and place of residence as given in the authorization issued under section 4 to the
Magistrate having jurisdiction
The Magistrate shall thereupon summon such person before him to show cause why further proceedings for the recovery of sum due under this Act should not been taken against him and in default of sufficient cause being shown, such sum shall be deemed to be a fine imposed by a sentence of the Magistrate on such person and the provisions of section 291 (except paragraphs (a), (d) and (i) of subsection (1)
thereof of the Code of Criminal Procedure Act, No. 15 of 1979), relating to the default of payment of a fine imposed for such an offence shall thereupon apply and Magistrate may make any direction, by the provisions of that subsection, he could have made at the time of imposing such sentence.
The correctness of any statement in a certificate issued by the Central Bank for the purpose of this section shall not be called in question or examined by the court in any proceedings under this section and accordingly nothing in this section shall authorize the court to consider or decide the correctness of any statement in such certificate and the
Central Bank’s certificate shall be sufficient evidence that the amount due under this Act from the defaulting person has been duly calculated and that such amount is in default.
The certificate shall be signed by the Governor of the
Central Bank and shall be admissible in evidence in such action, without proof of signature and shall be prima facie proof of the matters stated therein.
Any sum recovered in an action under this section shall be paid into the Consolidated Fund.