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srilawsby aturio
As enacted
Contents

Part XI · Finance

35. Annual Levy

Official English translation. The Sinhala text prevails.

(1)

There shall be levied and recovered from every licensee an annual levy of such amount as may be determined by the Regulator with the approval of the Ministers assigned the subjects of Finance and Policy Implementation, by Order published in the Gazette.

(2)

In determining the annual levy for any year, the

Regulator shall have regard to the following :—

(a)

the estimated expenditure of the Regulator for that year; and

(b)

any unrecovered expenditure from the previous year.

(3)

The levy imposed under subsection (1) on a licensee for any year shall be paid by the licensee to the Regulator before the thirtieth day of June of that year.

(4)

Where the licensee fails to pay the levy imposed under subsection (1) for any year before the thirtieth day of June of that year, the levy shall be deemed to be in default and the

Chairman of the Regulator appointed under section 8 of the

Public Utilities Commission of Sri Lanka Act (hereinafter referred to as the “Chairman”), shall issue a certificate certifying the amount of the levy due from the licensee.

(5)

Upon the production of a certificate issued by the

Chairman under subsection (4) before the District Court within whose jurisdiction the business of the licensee referred to in the certificate is being carried on, upon giving a due hearing to the licensee, the Court shall issue a writ of execution to issue to the Fiscal authorizing the Fiscal to seize and sell all or any of the property movable or immovable of such licensee, necessary for the recovery of the amount specified in the certificate and the provisions of section 226 to section 297 of the Civil Procedure Code shall, mutatis mutandis, apply to the execution of such seizure and sale.

(6)

Where the Chairman issues a certificate under subsection (4), the Chairman shall notify in writing to the licensee specified in the certificate, that the amount specified in the certificate is payable by the licensee, but the non receipt of such notice shall not invalidate any proceedings instituted under this section.

(7)

Nothing in this section shall affect or be deemed to affect the right of the Regulator to recover in any other manner, the amount of any levy in default.

Part XII

Miscellaneous

Read on from Part XII

Part XIII

General

Read on from Part XIII

Part XIV

Repeals and Transitional Provisions

Read on from Part XIV

Schedules