7. 1 he following new section is hereby inserted immediately after section 53 of the principal enactment, and shall have effect as section 53a of that enactment: -
| 53A.
| | (1) Where a decision of the Registrar on a dispute or an appeal referred or made to him under section 53, hereafter in this section called a " decision", or an award of an arbitrator on a dispute referred to him under that section, from which award no appeal has been duly made to the Registrar under that section, hereafter in this section called an " award", is that a sum of money is due from one party to the dispute to another party to the dispute, and such sum together with costs and interest, if any, has not been paid, the Registrar may issue a certificate to a Government Agent, Assistant Government Agent, Fiscal or Deputy Fiscal, containing particulars of such sum, together with costs and interest, and the name of the party from whom such sum is due, hereafter in this section called the " defaulter ", and the officer to whom such certificate is issued is hereby empowered and required to cause such sum, together with costs and interest, to be recovered from the defaulter by seizure and sale of his movable property. | | |
| | (2) The said seizure shall be effected in such manner as the said officer shall deem most expedient in that behalf, and every property so seized shall be kept for five days at the cost and charge of the defaulter. If the defaulter does not pay such sum as is due, together with costs and interest, and the cost and charge of seizing and keeping the property, within the said five days, the Government Agent, Assistant Government Agent, Fiscal or Deputy Fiscal shall cause the said property to be sold by public auction. | | |
| | (3) The sum realized by the sale shall be applied-
| | | (a) first, in payment of the cost and charge of seizing, keeping and selling the property, and |
| (b) secondly, in satisfaction of the sum of money due, together with costs and interest, and any balance shall be restored to the owner of the property seized. |
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| | (4) Where a decision or an award is that a sum of money is due from one party to the dispute to another party to the dispute, and such sum together with costs and interest, if any, has not been paid, and the Registrar is of opinion that recovery of the amount due by the means provided in the preceding subsections is impracticable or inexpedient, or where the full amount has not been recovered by such means, he may issue a certificate to a District Court having jurisdiction in any district where the defaulter resides or in which any property movable or immovable owned by the defaulter is situate, containing particulars of |the sum due together with costs and interest, if any, and the name of the defaulter, and the court shall thereupon direct a writ of execution to issue to the Fiscal authorizing and requiring him to seize and sell all or any of the property movable and immovable of the defaulter, or such part thereof as he may deem necessary for the recovery of such sum, and the provisions of sections 226 to 297 of the Civil Procedure Code shall, mutatis , mutandis, apply to such seizure and sale. | | |
| | (5) Where a decision or an award is that a sum of money is due from an individual who is one party to the dispute to another party to the dispute, and such sum, together with costs and interest, if any, has not been paid, and the Registrar is of opinion that recovery of the amount due by seizure and sale is impracticable or inexpedient, or where the full amount has not been recovered by seizure or sale, he may issue a certificate containing particulars of the amount due and the name and last known place of business or residence of the defaulter to a Magistrate having jurisdiction in the division in which such place is situate. The Magistrate shall thereupon summon such defaulter before him to show cause why further proceedings for the recovery of the amount should not be taken against him, and in default of sufficient cause being shown, the amount shall be deemed to be a fine imposed by a sentence of the Magistrate on such defaulter for an offence punishable with fine only or not punishable with imprisonment, and the provisions of section 312 (except paragraphs (a) and (c) of subsection (1) of that section) of the Criminal Procedure Code shall thereupon apply, and the Magistrate may make any direction which, by the provisions of that section, he could have made at the time of imposing such sentence. | | |
| | (6) When as often as the Registrar issues a certificate under this section, he shall issue to the defaulter a notification thereof by personal service, registered post or telegraph ; but non-receipt of such notification by the defaulter shall not invalidate proceedings under this section. | | |
| | (7) Nothing in this section shall authorize or require a District Court or Magistrate in any proceedings thereunder to consider, examine or decide the correctness of any statement in the certificate of the Registrar. | | |
| | (8) Any sum realized by a sale under subsection (4) and any sum paid or levied as fine under subsection (5) shall be transmitted by the District Court or the Magistrate, as the case may be, to the Registrar who shall dispose of such sum in accordance with the relevant decision or award.'. | | |
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Sri Lanka Consolidated Acts