Sri Lanka Consolidated Acts

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Assisted Schools And Training Colleges (Supplementary Provisions) Act (No. 8 of 1961) - Sect 19

Power of Director to make good any loss or repair any damage, or to prepare an estimate of the cost of making good such loss or repairing such damage, to school property and to recover the cost or the estimated cost of making good such loss or repairing such damage from the proprietor of that school

19.
(1) Where at any time, after July 21, 1960, but before the date of commencement of this Act, or after the date of such commencement, any loss or damage has been or is caused to any property which had prior to the date of such loss or damage been used for the purposes of any school to which this Act applies or which is being conducted and maintained by the Director for and on behalf of the Crown, the Director may make good such loss or repair such damage, or may prepare an estimate of the cost of making good such loss or repairing such damage.
(2) Where any loss or damage has been caused to any property referred to in subsection (1) and such loss or damage has been made good or repaired, or an estimate of the cost of making good such loss or repairing such damage has been prepared, by the Director, he may issue a certificate containing the particulars of the loss or damage and the amount incurred by him, in making good such loss or repairing such damage, or of such estimated cost, as the case may be, and the name and address of the person who was the proprietor of the school in respect of which such loss or damage was caused, to the Magistrate's Court having jurisdiction over the place in which such person is resident. The Magistrate shall thereupon summon such person before him to show cause why proceedings for the recovery of the amount specified in the certificate should not be taken against him, and such sum shall by order of the Magistrate be recovered from such person as if it were a fine imposed on such person by such Magistrate unless such person proves that such loss or damage was caused without his consent or connivance, and that he, if he was the proprietor exercised all such diligence to prevent the causing of such loss or damage as he ought to have exercised having regard to the nature of his functions in his capacity as such proprietor and in all the circumstances.


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