11. Amendment of section 11 of the principal enactment

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

Section 11 of the principal enactment is hereby amended as follows:-

(1)

in subsection (1) thereof, by the substitution for the words and figures “authorized by a licence under section 17 to operate a telecommunication system”

of the words and figures “issued with a licence under section 17 or under section 17B”;

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(2)

in subsections (4) and (5) thereof, by the substitution for the word “operator” of the words

“operator and provider”; and

(3)

by the addition, immediately after subsection (5)

thereof, of the following new subsections:-

“(6) Where a person issued with a licence under section 17 or under section 17B, fails to comply with an order issued under subsection (2), the Commission may by notice require such person to pay a penalty of an amount not exceeding one per centum of the annual turnover of the year immediately preceding the year concerned, accrued from the activity authorized by such licence.

(7)

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 established under section 22F.

(8)

If any person who has become liable to a penalty in terms of subsection (6) fails to pay such penalty, within such period as may be specified in such notice, the Commission may make an exparte application to the Magistrate

Court of the competent jurisdiction for an order requiring the payment of the penalty recovered in a like manner as a fine imposed by such court notwithstanding such sum may exceed the amount of fine which that court may, in the exercise of its ordinary jurisdiction impose.

(9)

Where a penalty is imposed under this section on a body of persons, then–

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(a)

if that body of persons is a body corporate, every person who at the time of non-compliance under subsection (6) was a director, and any other officer responsible for the management and control of that body corporate;

(b)

if that body of persons is a firm, every partner of that firm; or

(c)

if that body is not a body corporate, every person who at the time of non-compliance of requirements under subsection (6) was the officer responsible with management and control of that body, shall be liable to pay such penalty, unless he proves that he had no knowledge of the failure to comply with the requirement under subsection (6) or that he exercised all due care and diligence to ensure the compliance therewith.

(10)

A person who is aggrieved by the imposition of a penalty under this section, may appeal against such order to the High Court established by Article 154P of the Constitution.

(11)

Any person who prefers an appeal under subsection (10) shall deposit in cash as a security such sum of money equal to the penalty imposed under subsection (6) before the registrar of the High Court.”.

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Read on from s 12