28.
| (1) Any money due to the Fund shall be recoverable by an action in which proceedings may be taken by way of summary procedure. The provisions of the Civil Procedure Code relating to actions of which the procedure is summary shall apply to an action under this section, and, for the purposes only of the application of such provisions to such action, section 8 of the Civil Procedure Code shall have effect as if, for the words " by this Ordinance " occurring in that section, there were substituted the words " by this Ordinance or by any other written law ". |
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| (2) Where an employer makes default in the payment of any sum which he is liable to pay under this Act and the Board is of the opinion that recovery under subsection (1) is impracticable or inexpedient, the Board may issue a certificate to the District Court having jurisdiction in any district where the defaulting employer resides or in which any property movable or immovable owned by such employer is situated, containing particulars of the sums due, and the name and place of residence of such employer and the Court shall thereupon direct a writ of execution to issue to the Fiscal authorizing and requiring him to seize and sell all the property movable and immovable of the default ting employer or such part thereof as he may deem necessary for the recovery of the amount so due, and the provisions of sections 226 and 297 of the Civil Procedure Code shall, mutatis mutants apply to and in relation to such seizure and sale. |
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| (3) Where an employer makes default in the payment of any sum which he is liable to pay under this Act and the Board is of opinion that it is impracticable or inexpedient to recover that sum under subsection (1) or subsection (2) or where the total amount due has not been recovered by seizure and sale, then the Board may issue a certificate containing particulars of the sum so due and the name and place of residence of the defaulting employer to the Magistrate having jurisdiction over the place of work of such employer. The Magistrate shall thereupon summon such employer before him to show cause why further proceedings for the recovery of the sum due under this Act should not be taken against him and in default of sufficient cause being shown, such sum shall be deemed to be a fine imposed by a sentence of the Magistrate on such employer for an offence punishable with imprisonment and the provisions of section 291 (except paragraphs (a), (f) and (0 of sub- section (1) thereof) of the Code of Criminal Procedure Act, No. 15 -of 1979, relating to the default of payment of a fine imposed for such an offence shall thereupon apply and the Magistrate may make any directions which by the provisions of that section he could have made at the time of imposing such a sentence. |
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| (4) The correctness of any statement in a certificate issued by the Board for the purpose of this section shall not be called in question or examined by the court in any pro- ceilings under this section and accordingly nothing in tills section shall authorize court to consider or decide the correctness of any statement in such certificate and the certificate of the Board shall be sufficient evidence that the amount due under this Act from the defaulting employer has been duly calculated and that such amount is in default. |
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| (5) Proceedings for the recovery of any moneys due to the Fund may be instituted by the Board or any officer, authorized In that behalf, of the Board and the Board or such officer may, notwithstanding anything to the contrary in any other written law, conduct such proceedings. |
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| (6) The provisions of the Prescription Ordinance shall not apply to the recovery of any sum payable as contribution or surcharge under this Act. |
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Sri Lanka Consolidated Acts