23. Insertion of new Part IIC in the principal enactment

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

The following new Part is hereby inserted immediately after section 22J of the principal enactment and shall have effect as Part IIC of that enactment:-

“PART IIC

IMPOSITION OF SURCHARGE ON LICENCE FEE AND CESS

22K. (1) Where any operator, provider or licensee, who has been issued with a licence under section 17, 17B, 21 or 22 , as the case be, has failed to pay any fee required to be paid in terms of those sections on or before the date specified by the Commission to make such payment, or an operator or provider who has failed to pay any cess required to be paid by an order made under section 22G, on or before the due date specified in the licence issued under section 17 or 17B, such operator, provider or licensee, as the case may be, shall be liable to pay a surcharge on the amount in default, at the rate of ten per centum of the default amount for the first month and additional two per centum per each subsequent month.

(2)

The Commission shall issue a notice to each person in respect of whom the surcharge is to be imposed specifying the following details:-

(a)

the reasons for surcharging;

(b)

the amount in default and the surcharge decided thereon;

Commission to impose surcharge on the default of payment of any licence fee or cess under this

Act

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(c)

the action contemplated for its recovery;

(d)

the date on or before which the amount specified under paragraph (b) is to be paid; and

(e)

the details of the manner in which payment shall be made.

22L.

before a

(1)

Where any sum to be charged under section 22K has not been paid within the time specified in the notice under subsection (2) of section 22K and where the Commission is satisfied that immediate action is necessary for the recovery of such sum, the Commission may issue a certificate containing particulars of such sum to be recovered and the name and last known place of employment or residence of the person liable to pay such sum, to the

Magistrate Court of the competent jurisdiction.

(2)

(a) The Magistrate shall thereupon summon such person who is liable to pay the amount in default, to show cause as to why further proceedings for the recovery of the sum to be recovered shall not be taken against him.

(b)

Where the person who is liable to pay the amount in default fails to show sufficient

Proceedings for recovery

Magistrate

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cause, the sum to be recovered shall be deemed to be a fine imposed by a sentence of the

Magistrate on such person who is liable to pay the amount in default for an offence punishable with fine only and not punishable with imprisonment.

(3)

The certificate issued by the

Commission shall be conclusive proof that the sum to be recovered has been duly assessed and is in default in any proceeding before the

Magistrate under subsection (1).

(4)

The provisions of Chapter XXIV of the

Code of Criminal Procedure Act, No. 15 of 1979, shall mutatis mutandis apply in relation to the default of payment of a fine, and in addition the Magistrate may make any direction which, he could have made at the time of imposing such sentence.”.

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