Sri Lanka Consolidated Acts

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Agrarian Services Act (No. 58 of 1979) - Sect 29

Action by prescribed bank where default is made

29.
(1) where, under the provisions ox this Part, 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 Commissioner that the owner cultivator 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 Commissioner may hold an inquiry for the purpose of deciding whether such owner cultivator or occupier of agricultural land is In default of such sum of money.
(3) The owner cultivator 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 Commissioner is satisfied at such inquiry that any sum of money is due to the prescribed bank from the owner cultivator or occupier of agricultural land, the Commissioner shall order such owner cultivator or occupier of agricultural land or any heir or legal representative of such owner cultivator or occupier of agricultural land to pay the sum of money due to the prescribed bank within such time as may be specified in such order.
(5) Where the owner cultivator or occupier of agricultural land fails or refuses to comply with an order made under subsection (4) 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.
(6) For the purposes of subsection (5) a certificate under the hand of an officer authorized in that behalf by the prescribed bank to the effect that the sum specified therein is due to such bank from the defaulter named In the certificate shall be conclusive proof that such sum Is due to the bank from such defaulter:


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