22. Insertion of new section 39A in the principal enactment

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

The following new section is hereby inserted immediately after section 39 of the principal enactment and shall have effect as section 39A of the principal enactment:-

39A. (1) Where a transportation service provider fails to comply with the provisions of subsection (3) of section 38D, the Commission

“Imposition of penalties shall issue a notice to inform the transportation service provider the penalty to be imposed specifying the reasons for such imposition, after taking into consideration the impact on passengers and the nature and extent of the relevant non-compliance. The Commission shall afford an opportunity for such service provider to make representations in person or in writing within a duration of twenty-one days from the date of receipt of the notice.

(2)

Upon the expiry of the time duration speciﬁ ed in subsection (1), the Commission shall make a decision and communicate it to the transportation service provider by issuing a certiﬁ cate under his hand. Such certiﬁ cate may specify a penalty, which shall not exceed a sum of rupees one hundred thousand for each non-compliance, or exempt such service provider from the penalty, as the case may be.

(3)

A transportation service provider who has been subjected to a penalty on a previous occasion, subsequently fails to conform to a directive issued under the provisions of subsection (3) of section 38D, in addition to the penalty which may be imposed under subsection (2) shall be liable to the payment of an additional penalty consisting of twice the amount imposed as a penalty under that section for the second and subsequent occasions of non-compliance.

(4)

The Commission shall be responsible for the collection of a penalty imposed under this section and the money so collected shall be credited to the Fund of the Commission after deducting such sum of money collected as compensation, if any, payable to the aggrieved person in terms of subparagraph (iii) of paragraph (b) of subsection (3) of section 38D.

(5)

(a) If a transportation service provider fails to pay the penalty for which such service provider is liable under this section, the

Commission may make an ex parte application to the Magistrate Court of Colombo for an order requiring the payment of the penalty to be recovered in a like manner as a ﬁ ne imposed by such court notwithstanding such sum may exceed the amount of ﬁ ne which that court may, in the exercise of its ordinary jurisdiction impose.

(b)

If a transportation service provider becomes liable to a penalty for three or more occasions within a period of six calendar months, on an application made by the

Commission, the Magistrate may order the suspension of the permit for a period not exceeding three months.

(6)

The imposition of a penalty under this section shall not preclude a relevant regulatory or statutory body from taking any other regulatory measures including, but not limited to, the suspension of such transportation service provider from carrying on the respective transportation service or the cancellation of the licence granted for carrying on such service.

(7)

(a) Any transportation service provider who is aggrieved by the imposition of an administrative penalty under this section, may prefer an appeal to the Secretary to the Ministry of the Minister within thirty days from the date on which such administrative penalty was communicated to such aggrieved person.

(b)

The provisions of section 33 of this Act shall, mutatis mutandis, apply to an appeal made under paragraph (a).”.

Read on from s 23