Sri Lanka Consolidated Acts

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Motor Transport Act (No. 48 of 1957) - Sect 60

Recovery of amount that cannot be paid out of compensation under paragraph (a) of subsection (1) of section 52 by any person. [ 21, 22 of 1961.] [ 8, 34 of 1962.]

52B.
(1) Upon the production of a certificate issued by the chairman of the Ceylon Transport Board under section 52A before the District Court or the Court of Requests within whose jurisdiction the person from whom the sum specified in the certificate is due resides, according as that sum exceeds or does not exceed seven hundred and fifty rupees, the court shall direct a writ of execution to issue to the Fiscal authorizing him and requesting him to seize and sell all or any of the property movable or immovable of that person or such part thereof as may be necessary for the recovery of that sum; 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.
(2) Where the chairman of the Ceylon Transport Board issues the certificate referred to in subsection (1), he shall in writing notify that fact to the person specified in the certificate as the person from whom any sum so specified is payable, but the non-receipt of such notification by such person shall not invalidate the proceedings under this section.
(3) Nothing in the preceding provisions of this section shall affect or be deemed or construed to affect the right of any person to recover in any other manner any sum payable to him under section 40, section 40a, or section 40b.
(4) A District Court or Court of Requests shall, in the exercise of the powers conferred on it by the preceding provisions of this section, have regard to the provisions of section 52.


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