Sri Lanka Consolidated Acts

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Agricultural Lands Act (No. 42 of 1973) - Sect 32

Action by prescribed bank where default is made

32.
(1) Where, under the provisions of this Chapter, default is made or deemed to be made in respect of the whole of the undischarged or unsatisfied portions of any loan and the interest due thereon, the prescribed bank may notify the Tribunal within whose area of authority such extent of agricultural land in respect of which the loan was granted is situated, that the owner or occupier of such agricultural land is in default of the sum of money specified in such notice.
(2) On receipt of a notice referred to in subsection (1), the Tribunal may hold an inquiry for the purpose of deciding whether such owner or occupier of agricultural land is in default of such sum of money.
(3) The owner or occupier of agricultural land and the prescribed bank shall be given an opportunity of being heard in person or through a representative at such inquiry.
(4) Where the Tribunal is satisfied at such inquiry that any sum of money is due to the prescribed bank from the owner or occupier of agricultural land, the Tribunal shall order such owner or occupier of agricultural land or any heir or legal representative of such owner or occupier of agricultural land to pay the sum of money due to the prescribed bank in the manner prescribed.
(5) Any party aggrieved by any decision or order of the Tribunal may, within thirty days of the communication of such decision or order to him, by written petition in which the other person is mentioned as respondent, appeal to the Supreme Court against such decision or order on a question of law.
(6) The decision of the Supreme Court in an appeal under subsection (5) shall be final and conclusive and shall not be questioned in any court of law.
(7) When the Tribunal makes a decision or order under subsection (4), and no appeal is made from such decision or order within the time allowed therefor, or the Supreme Court has confirmed such decision or order, then the Tribunal shall in writing order the owner or occupier of agricultural land to pay to the prescribed bank on or before the date specified in such order the sum, of money due to the prescribed bank as determined by the Tribunal.
(8) Where the owner or occupier of agricultural land fails or refuses to comply with an order made under subsection (7) relating to any sum which he is required to pay to the prescribed bank, such sum may on application made by any person, on behalf of the prescribed bank to the Magistrate's Court having jurisdiction over the place where such extent of agricultural land is situate, be recovered in like manner as a fine imposed by such court notwithstanding that such sum may exceed the amount of the fine which that court may in the exercise of its ordinary jurisdiction impose.


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