Sri Lanka Consolidated Acts

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Electricity Reform Act (No. 28 of 2002) - Sect 54

Annual levy,

54.
(1) There shall be levied and recovered from every licensee, an annual levy of such amount as may be determined by the Commission by Order published in the Gazette.
(2) In determining the annual levy for any year, the Commission shall have regard to the following :-
(a) the estimated expenditure of the Commission for that year ; and
(b) any unrecovered expenditure from the previous year.
(3) The levy imposed under subsection (1) on a licensee or any year shall be paid by the licensee to the Commission before the thirtieth day of June that year.
(4) Where the licensee fails to pay the levy imposed under subsection (1) for any year before the thirtieth day of June that year the levy shall be deemed to be in default and the Chairman shall certify the amount of the levy due from the licensee.
(5) Upon the production of a certificate issued by the Chairman under subsection (4) , before the District court within whose jurisdiction the business of the licensee referred to in the certificate is carried on, the court shall issue a writ of execution to issue to the Fiscal authorizing the Fiscal to seize and sell all or any of the property movable or immovable, of such licensee as may be necessary for the recovery of the amount specified in the certificate ; and the provisions of sections 226 to 297 of the Civil Procedure Code shall, mutatis mutandis, apply to the execution of such writ and to such seizure and sale.
(6) Where the Chairman issues a certificate under subsection (4), he or she shall notify in writing to the licensee specified in the certificate, that the amount specified in the certificate is payable by the licensee but the non-receipt of such notice shall not invalidate any proceedings instituted under this section.
(7) Nothing in this section shall affect or be deemed to affect the right of the Commission to recover in any other manner, the amount of any levy in default.


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