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Part II · Procedure

6. Power of the Director-General or authorised officer to carry out measurs or execute work and recover the expenses thereof

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Where any importer of any pest or pests, or owner or occupier of any premises is required or directed under section 4, to carry out any measures or to execute any work in or upon any premises and if such person fails, neglects, or refuses to comply with such requirement or direction, the Director-General or an authorised officer with or without assistants may enter such premises for the purpose of carrying out such measures or executing such work.

(2)

The Director-General or and authorised officer entering any premises under sub-section (1), may take with him such equipment, machinery and vehicles as is or are necessary for the purpose of facilitating the exercise of his powers under sub-section (1).

(3)

All reasonable expenses incurred by the Director-General or any authorised officer for the purpose of carrying out any measures or executing any work in or upon any premises under sub section (1), and any expenses incurred by the State shall be payable by the person who was required or directed under section 4 to carry out such measures or execute such work, and may be recovered from that person in the manner hereafter provided.

(4)

Any reasonable expenses payable by any person under sub-section (3) may be recovered, upon application made, by the Director-General or any authorised officer authorised in that behalf by the Director-General to the

Magistrate’s Court within whose jurisdiction such person is resident or the measures were carried out or the work was executed, in like manner as a fine imposed by that court, notwithstanding that the amount of such expenses referred to in sub-section (3) may exceed the amount of the fine which such court may in the exercise of its ordinary jurisdiction impose.

(5)

The imposition of a fine under sub-section (4) shall not relieve such person from any prosecution for any offence to which he may be liable by reason of his failure, neglect or refusal to comply with the requirement or the direction made under section 4.

Part III

Quarantine Pests

Part IV

Appeals

Part V

Offences and Penalties

Part VI

General

Part VII

Interpretation