38.
| (1) Every person who-
any person from or in taking possession, under section. 37, of any property for and on behalf of the Board shall be guilty of an offence under this Act. | | (a) prevents, obstructs or resists, or | | |
| | (b) directly or indirectly causes anyone to prevent, obstruct or resist, | | |
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| (2) Where an officer authorized by the Minister or the Chairman of the Board under section 37 to take: possession of any property for and on behalf of the: Board is unable or apprehends that he will be unable to take possession of such property because of any obstruction or resistance that has been or is likely to be offered, on his making an application in that behalf-to the Magistrate's Court having jurisdiction over the place where that property is kept or situated, the Magistrate shall issue an order of the Court directing the Fiscal to deliver possession of that property to him for and on behalf of the Board. |
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| (3) Where an order under sub-section (2) is issued to the Fiscal by a Magistrate's Court, he shall forthwith execute that order and shall in writing report to the Court the manner in which that order was executed. |
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| (4) Where an order under sub-section (2) is issued to the Fiscal by a Magistrate's Court, the execution of such order shall not be stayed in any manner by reason of any step taken or proposed to be commenced in any Court with a view to questioning, varying or setting aside such order. |
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| (5) For the purpose of executing an order issued by a Magistrate's Court under sub-section (2), the Fiscal or any person acting under his direction may use such force as may be necessary to enter any place where any movable property to which that order relates is kept and seize such movable property, or to enter any land, building, structure or other immovable property to which that order relates and to eject any person in occupation thereof, and to deliver possession of such movable property, land, building, structure or other immovable property to the person who is authorized to take possession thereof for and on behalf of the Board. |
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Sri Lanka Consolidated Acts