46.
| (1) The Commissioner-General may appoint persons to be collectors of estate duty. |
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| (2)
| | (a) Where any estate duty is in default, the Commissioner-General may issue to a Government Agent, Assistant Government Agent, Fiscal, Deputy Fiscal or collector of estate duty a certificate containing particulars of such duty and the name and address of the person by whom it is payable, and the officer to whom such certificate is issued shall be empowered and is hereby required to cause the estate duty to be recovered from the person named in the certificate by seizure and sale of the movable property which passed on the death of the person in respect of whose estate the duty is in default. | | |
| | (b) A seizure of movable property shall be effected in such manner as the said officer shall deem most expedient in that behalf and, as soon as any movable property is seized by such officer, a list of such property shall forthwith be made and signed by him and shall be given to the defaulter and a copy thereof furnished to the Commissioner- General. | | |
| | (c) Where the property so seized is
| | | (i) cash in Sri Lanka currency, it shall be applied in satisfaction of the duty in default; |
| (ii) cash in foreign currency, such cash shall be deposited in the Central Bank of Ceylon and the proceeds therefrom applied in satisfaction of the duty in default; |
| (iii) not cash, such property shall be kept for five days at the costs and charges of the defaulter. If the defaulter does not pay the duty together with the costs and charges within the aforesaid five days, the Government Agent, Assistant Government Agent, Fiscal, Deputy Fiscal or collector of estate duty shall cause such property to be sold by public auction or, where such property is a negotiable instrument or a share in any corporation or a public company, to be sold through a broker at the market rate of the day. |
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| | (d) The sum realized by a sale referred to in sub-paragraph (iii) of paragraph (c) shall be applied
| | | (i) firstly, in payment of the costs and charges of seizing, keeping and selling the property ; and |
| (ii) secondly, in satisfaction of the duty in default, |
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| (3) Whenever the Commissioner-General issues a certificate under this section, he shall at the same time issue to the person named in the certificate a notification thereof by personal service, or by registered letter sent through the post or by telegraph ; but the non-receipt of such notification shall not invalidate proceedings under this section. |
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Sri Lanka Consolidated Acts