42.
| (1) Every person who contravenes or fails to comply with the provisions of sections 3 (1) and (2); 7 (2); 9 (1) and (3); 10 (3), (4), (6), (9), (10), (11), (13) and (14); 11 (1), (2) and (3); 12 (1) and (2); 14 (1); 15 (1); 16; 17 (1); 18; 19; 20 (2); 21 (3); 22 (15); 29 (3), (5), (6), (7), (8), (9), (10) and (14); 33 (1) and (2); 35 (1); and 37 (2), (3) and (7) of this Act or any order made by any Rent Board, shall be guilty of an offence under this Act. |
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| (2) Every person guilty of an offence under this Act shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment. |
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| (3) Where a fine is imposed under this Act, the court may direct that the fine recovered in the case be paid into the Repairs Fund referred to in section 8. |
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| (4) Where an offence under this Act is committed by a body of persons, then,-
| | (a) if that body of persons is a body corporate, every director and officer of the body corporate; or | | |
| | (b) if that body of persons is a body unincorporate, every director, manager, secretary, agent or other officer or person concerned with the management thereof, and in the case of a partnership, every partner, | | |
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| (5) Where any prosecution against the landlord of any premises for any alleged contravention of the provisions of section 3 or section 9 is instituted by or at the instance of the tenant of such premises, then no prosecution against such tenant for any contravention of those provisions by reason of any payment or offer of payment alleged to have been made by him in respect of those premises, shall be instituted or maintained-
| | (a) at any time while the proceedings in the prosecution against the landlord are pending; or | | |
| | (b) at any time after the proceedings have terminated, if the landlord is, in such proceedings, convicted of the offence with which he was charged. | | |
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Sri Lanka Consolidated Acts