19.
| (1) Where the Bureau has booked, reserved or allocated freight or cargo space on an ocean going vessel for shipment of any goods from a port in Sri Lanka to any destination, at the request of a shipper and such shipper fails without reasonable cause in the opinion of the Bureau, to utilize the whole or any part of such freight or cargo space by the shipment of such goods, the Bureau may after giving such shipper an opportunity of being heard either in person or by a representative, impose a penalty not exceeding a sum of one thousand rupees on such shipper. |
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| (2) A shipper aggrieved by a decision of the Bureau under subsection (1) may within ten days. after the communication of such decision to him. make a written appeal from such decision to the Minister and the Minister may, on any such appeal confirm, vary or quash the decision from which such appeal is made. |
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| (3) The decision of the Minister upon an appeal and, where no appeal has been preferred under subsection (2) within the time allowed therefor, the decision of the Bureau, shall be final and conclusive and shall not be called in question in any court or tribunal, whether by way of appeal or write or in any other manner whatsoever. |
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| (4) Where a shipper refuses or fails to pay to the Bureau any sum which he has been required to pay as a penalty under the preceding provisions of this section, such sum may be recovered from him by the Bureau upon an application made by the Bureau to the Magistrate's Court having jurisdiction over the last known place of business or residence of such shipper, in like manner as a fine imposed by that 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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| (5) Nothing in subsection (4) shall be construed as to require or to authorize a Magistrate before whom an application in terms of that subsection is made, to consider, examine or decide the correctness or legality of such penalty. |
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Sri Lanka Consolidated Acts