18.
| (1) Any Licensed Mobile Telephone Operator who fails to pay the total amount of the levy that is due on the value of supply of services provided by such operator, as provided for in section 14. shall be deemed to be a defaulter and where such defaulter is a body corporate, the Chairman of the Board of Directors, any director or principal officer of such body corporate shall be deemed to be a defaulter for the purposes of this Pan of this Act. and such levy as is not paid on or before the due date shall be deemed to be a levy in default. |
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| (2) The defaulter shall be liable to pay a surcharge in addition to the levy in default, calculated"
| | (a) at the rate of ten percentum of the amount of such levy as is in default for the subsequent period of one month or part thereof , from the due date for the payment of the levy under section 15 ; and | | |
| | (b) at the rate of two percentum of the amount of such levy as is in default for each subsequent period of one month or part thereof, from the due date for the payment specified in paragraph (a), | | |
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| (3) The Commission shall take action to recover any levy which is in default for a period of more than three months , along with amount of the surcharge accrued thereon, in the manner as is specified hereafter. |
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| (4) The Commission shall cause to be issued on the defaulter, three weeks prior to the hiking of any steps for the recovery of the levy in default along with amount of the surcharge accrued thereon, a Notice , informing the defaulter of the intention of the Commission to institute proceedings for the recovery of the amount of the levy in default and the surcharge accrued thereon in terms of the provisions of this section. |
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| (5) Where the Commission issues Notice on the defaulter in terms of subsection (4) but the amount of the levy in default along with the surcharge thereon remains unpaid even though the period of three weeks specified in such Notice has elapsed, the Commission shall under the hand of the Chairman, issue to the Magistrate having jurisdiction over the division in which the defaulter resides or is carrying on business , it Certificate containing the name and address of the defaulter and the total sum in default along with a statement to the effect that the person so named has defaulted in making the payment as required by this section. Where the defaulter is a body corporate , the Certificate shall contain the name of the Chairman , the Board of Directors and of every Director of such body corporate. |
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| (6) The Magistrate shall on receipt of the Certificate issued under subsection (5), issue summons on the defaulter requiring him to appear before him on a date to be specified and show cause as to why proceedings should not be taken against him for the recovery of the amount of the levy in default along with the surcharge accrued thereon. Where the cause shown appears to the Magistrate to be insufficient so as to explain the reason for the non-payment, the Magistrate shall after recording the same make order for the recovery of the amount of levy in default along with the surcharge accrued thereon, from the defaulter as if it were a fine imposed by the Magistrate .The money so recovered shall be remitted to the Commission, which shall credit the same to the Consolidated Fund. |
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Sri Lanka Consolidated Acts