6. Recovery of expenses incurred as cost under section 5

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

(1)

Where an owner or occupier fails to make the payment within two weeks of the demand for payment being communicated to him under subsection (3) of section 5, the

Competent Authority shall issue a Certificate containing particulars of the amount due as expenses incurred in carrying out such work or measures, to the Magistrate having jurisdiction over the area in which such premises is situated.

(2)

The Magistrate shall thereupon summon such owner or occupier, as the case may be, to appear before him and show cause as to why further proceedings for the recovery of the amount due should not be taken against him and in default of sufficient cause being shown, the amount shall be deemed to be a fine imposed by a sentence of the Magistrate on such owner or occupier, for an offence punishable with a fine only or not punishable with imprisonment .

(3)

Where the Competent Authority issues a Certificate under subsection (1), he shall also cause a notification thereof to be issued to the relevant owner or occupier. Non-receipt of a notification issued to an owner or occupier, shall not invalidate any proceedings under this section.

(4)

Nothing in this section shall authorize or require a

Magistrate in any proceedings thereunder, to consider, examine or decide the correctness of any statement contained in the Certificate issued by the Competent Authority.

(5)

Any sum levied as a fine under subsection (2), shall be transmitted by the Magistrate to the Competent Authority.

Read on from s 7