52.
| (1) The following provisions shall apply in any case where a person is entitled to compensation in respect of any property vested in or requisitioned for the Ceylon Transport Board: -
| | (a) where any sums-
| | | (i) have been certified in writing by a Motor Transport labour tribunal to be due from such person under section 40, section 40a or section 40b; or |
| (ii) have been admitted by such person to be due from him under section 40, section 40a or section 40b, and are certified in writing by the Commissioner of Labour to the Ceylon Transport Board to have been admitted by such person to be so due; or |
| (ii) have been neither admitted nor denied by such person to be due from him under section 40, section 40a or section 40b, and are certified in writing by the Commissioner of Labour to the Ceylon Transport Board to have been neither so admitted nor so denied by such person and to be so due from such person; or |
| (iii) have been certified in writing by the Minister or the Commissioner of Motor Traffic as having been paid by the Ceylon Transport Board in discharge of any debt or liability of such person or for the duplicate of a revenue licence or a certificate of registration for an omnibus or other motor vehicle by reason of the failure of such person to deliver such licence or certificate, to such board; or |
| (iv) have been certified in writing by the Commissioner of Inland Revenue to the Ceylon Transport Board to be due from such person as tax on income or profits; or |
| (v) have been certified in writing by the Commissioner of Motor Traffic to the Ceylon Transport Board to be due from such person as licence fees under the Motor Traffic Act, in respect of any omnibus used by such person for providing regular or occasional omnibus services; or |
| (vi) have been certified in writing by the Mayor of any Municipal Council, or the Chairman of any other local authority, to the Ceylon Transport Board to be due from such person, on account of rates or taxes in respect of such property; or |
| (vii) have been certified in writing by the Government Agent of any Administrative District to be due from such person as heavy oil tax in respect of heavy oil motor vehicles under the Heavy Oil Motor Vehicles Taxation Ordinance; or |
| (viii) have been certified in writing by any Judge of a District Court to be due to a liquidator from such person as fees of, or expenses incurred by, such liquidator in respect of a compulsory liquidation by court of a bus company or companies, |
|
| | (b) where the amount of such compensation has been applied in payment of any sums referred to in the preceding paragraph (a), the balance, if any, of that amount remaining after it has been so applied shall, subject to the provisions of subsection (2), be paid by the Ceylon Transport Board to the person or persons entitled thereto. | | |
|
|
| (2) The following provisions shall apply in any case where the total compensation to which the holder of a stage carriage permit for a regular omnibus service is entitled in respect of any property vested in or requisitioned for the Ceylon Transport Board is inadequate to pay the whole or any part of any sum payable out of that compensation under subsection (1): -
| | (a) any person who is entitled to compensation in respect of any property vested in or requisitioned for the Ceylon Transport Board-
| | | (i) by virtue of his having been, prior to the date of such vesting or requisitioning, the owner of that property under any disposition effected by such holder, or |
| (ii) by virtue of his having been, prior to that date, a mortgagee of that property under a mortgage or a holder of a security bond effected by such holder, or |
| (iii) which, prior to that date was owned by him and let by him to such holder under any hire-purchase agreement entered into on or before 7th July, 1957, |
|
| | (b) where, in any proceedings instituted under section 52b for the recovery of the amount due from such holder which cannot be paid out of the total compensation to which such holder is entitled,-
| | | (i) the Whole of that amount is recovered from such holder, any sum so retained as security for the payment of such amount shall be paid by the Ceylon Transport Board to the person entitled to such sum, or |
| (ii) a part of that amount is recovered from such holder, such part of any sum so retained as may be necessary shall be utilized by the Ceylon Transport Board for the purpose of paying the balance of that amount not so recovered, and the remainder of that sum shall be paid by the Ceylon Transport Board to the person entitled to such payment, or |
| (iii) the amount so due is not recovered in whole or in part from such holder, any sum so retained shall be utilized by the Ceylon Transport Board for the purpose of paying that amount; |
|
| | (c) where any sum out of the compensation payable to any person in respect of any property vested in or requisitioned for the Ceylon Transport Board has been utilized by that board under paragraph (b) to meet any liability incurred by such person by reason of the failure to recover as aforesaid from the holder of a stage carriage permit any amount due from such holder which cannot be paid out of the total compensation to which such holder is entitled, such person shall be entitled to recover that sum from such holder, notwithstanding the provisions of any written law relating to prescription. | | |
|
|
| (3) In this section and in sections 52a and 52b, the expression " compensation " includes interest which has accrued due on such compensation in terms of subsection (2) of section 50. |
|
| (4) Any certificate issued by any person or authority under subsection (1) of this section shall, for all purposes, be conclusive proof of the facts stated therein. |
|
|
Sri Lanka Consolidated Acts