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Part III · Modification and Enforcement of Licences

36. Effect of enforcement order

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

(1)

It shall be the duty of a licensee to whom an enforcement order relates—

(a)

to comply with such order;

(b)

if the licensee decides to challenge the validity of the enforcement order in any court, to provide security for costs to the Commission, of such amount as the Commission may consider reasonable, to ensure that such challenge is not frivolous or vexatious.

(2)

A duty is also owed by the licensee to any person who may be affected by a contravention of the enforcement order and any such person who sustains any loss or damage as a result of such contravention, may institute an action against the licensee in a court of competent jurisdiction, for damages for such loss or damage.

(3)

In proceedings brought against a licensee under subsection (2), it shall be a defence for the licensee to prove that the licensee took all reasonable steps and exercised all due diligence, to avoid contravening the enforcement order.

Read on from s 37

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