79.
| (1)
| | (a) If a vehicle is left without the permission of the Ports Authority-
| | | (i) in a parking place provided by the Authority for a longer period than twenty four hours; |
| (ii) in any part of the port premises where the parking of vehicles is prohibited by notice erected by the Authority ; or |
| (iii) in any place where it is likely to obstruct or interfere with the use of the port premises; |
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| | (b) Any such notice as is referred to in sub-paragraph (ii) of paragraph (a) of this subsection shall be conspicuously posted in or in proximity to the place to which it relates. | | |
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| (2) Where the Ports Authority in the exercise of the powers of this section removes the vehicle, or uses the services of any other person to remove the vehicle, the expenses of and incidental to the removal of the vehicle together with any charges or penalty shall be recoverable by the Authority from the owner of the vehicle as a debt in any court of competent jurisdiction. |
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| (3) If the Ports Authority in the exercise of the powers of this section removes a vehicle, the Authority shall, if and as soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purpose of the Motor Traffic Act or any other regulations having the same effect for the time being in force, at his last known address, his registered address or at the address where the vehicle is ordinarily kept, notice that the Ports Authority has exercised the powers of this section and that the vehicle may be claimed and removed on payment of the charges and penalties specified in sub- section (2). |
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| (4) If any such vehicle is not claimed and removed by the owner or some person on his behalf within fourteen days after being removed by the Ports Authority (or in the case of a registered vehicle, within fourteen days after the service of a notice on the owner or proprietor) the Authority may cause the vehicle to be sold by auction or by public tender but not less than seven days' notice of such auction or calling of tenders shall be given in at least one Sinhala, one Tamil and one English newspaper published and circulated in Sri Lanka and if the vehicle is not sold as a result of any such auction or calling of tenders the Ports Authority may sell, destroy or give away the vehicle as they think fit. |
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| (5) Where any vehicle is sold in the purported exercise of the power of sale conferred by this section the title of the purchaser shall not be impeachable on any ground whatsoever and he shall take the vehicle free from any title, estate, interest or right of any other person. |
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| (6) The net proceeds of such sale less any amount payable under subsection (3) shall be held in deposit with notice to parties by the Ports Authority and shall be paid to the person entitled to it. In the event of there being more than one claimant to the said proceeds the dispute shall be referred to court for adjudication. But, if however, the proceeds are not claimed by any person within one year, the proceeds shall be credited to the Fund of the Authority. |
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| (7) If the person to whom any money is so paid is not the person entitled thereto, the Ports Authority shall not be liable for such payment, but any other person who claims such money may have recourse against the person to whom payment was made by the Authority. |
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| (8) In this section "vehicle" includes all goods and chattels attached to, in, or on, the vehicle. |
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| (9) The powers and discretions conferred on the Ports Authority by this section may be exercised by any officer of the Authority authorised in writing in that behalf by the Authority. |
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| (10) A notice stating the general effect of paragraph (a) of subsection (1) shall be displayed in a prominent position in the main notice board of the Ports Authority. |
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Sri Lanka Consolidated Acts