42.
| (1) The Commissioner-General may appoint persons to be tax collectors for the purposes of this Act. |
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| (2) Where any tax is in default, the Commissioner-General may issue a certificate to a Divisional Secretary, Assistant Divisional Secretary, Fiscal, Deputy Fiscal or tax collector containing particulars of such tax and the name and address of the defaulter, and the officer to whom such certificates is issued shall be empowered and is hereby required to cause the tax to be recovered form the defaulter named in the certificate by seizure and sale of his movable property. |
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| (3) The seizure referred to in subsection (2) shall be effected in such manner as the said officer shall deem most expedient in that behalf and any property so seized shall be kept for seven days at the costs and charges of the defaulter. If the defaulter fails to pay the said tax in default together with the costs and charges within the said seven days the Divisional Secretary, Assistant Divisional Secretary, Fiscal, Deputy Fiscal or tax collector as the case may be shall cause such property to be sold by public auction. |
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| (4) The sum realized by the sale 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 tax in default, and any balance shall be paid to the owner of the properly seized . | | |
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| (5) It shall be lawful for a tax collector to recover from the defaulter reasonable expenses incurred by him in proceeding against the defaulter under this section notwithstanding that the seizure was not effected. Where cash is seized such reasonable expenses shall be set off first from the amount so seized. |
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| (6) Where any tax is in default, and the Commissioner-General is of opinion that recovery by the means provided in subsection (2) is impracticable or inexpedient, 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 such particulars of tax and the name and address of the person or persons by whom, the tax is payable, and the court shall there-upon 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 recovery of the tax, and the provisions of sections 226 to 297 of the Civil Procedure Code shall, mutatis mutandis, apply to such seizure and sale. |
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Sri Lanka Consolidated Acts