Sri Lanka Consolidated Acts

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Sri Lanka Ports Authority Act (No. 51 of 1979) - Sect 40

Power to distrain for non-payment of charges

40 .
(1) Where the master ,owner or agent of a vessel fails to pay to the ports Authority on demand any charges or part thereof payable under this Act the Authority may distrain or arrest the vessel and the tackle, apparel or fur- nature or other article belonging to the vessel, and detain the same until the charges are paid.
(2) Where any part of the charges ,arrears, rent, dues , penalties or the costs of the distress, arrest or detention of the vessel ,tackle ,apparel or furniture or other article remains unpaid for the period of fourteen days next after any such distress ,arrest or detention, the ports Authority may cause the vessel or the other articles so distrained, arrested or detained to be sold , and may apply the proceeds thereof to satiety the charges and costs (including the cost of the sale) and the Authority shall pay the balance thereof (if any) to the master, owner or agent of the vessel on demand.
(3) Where the ports Authority issues a notice to the Principal Collector of Customs stating that an amount specified therein, is due in respect of charges against any vessel, the Principal Collector of Customs may refuse to grant any port clearances to such vessel until the amount so leviable has been paid.
(4) The provisions of this section shall be in addition to. and not in derogation of the rights of the Ports Authority under any other written law.


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