Cap. 549 Art. 79Recovery of amounts due to the Authority.

(1) All expenses reasonably incurred by the Authority in the exercise of its powers or any other amount due to the Authority under this Act or regulations made thereunder, shall be recoverable as a civil debt by the Authority from the person against whom the order has been issued, or from any person responsible in any manner for the acts mentioned in the order, including an order for payment, or from an applicant, subject to such right of recovery that such person may have against any other person.

(2) Where the Authority desires to sue for the recovery of a debt due to the Authority under any law or regulation which it is entitled to enforce, the Chairperson or an officer of the Authority duly authorised by the Authority to act on its behalf may make a declaration on oath before the Court Registrar or before any other officer authorised to administer the oath in judicial matters, wherein he states the nature of the debt and the name of the debtor and confirm that it is due.

(3) The declaration referred to in sub-article (2) shall be served upon the debtor by means of a judicial act and it shall have the same effect as a final judgement of the competent court unless the debtor shall, within a period of twenty days from service upon him of the said declaration, oppose the claim by filing an application demanding that the court declare the claim unfounded.

(4) The application filed in terms of sub-article (3) shall be served upon the Authority, which shall be entitled to file a reply within a period of twenty days. The court shall appoint the application for hearing on a date after the lapse of that period.

(5) Any debts due to the Authority shall be prescribed by the lapse of the period of five years from the date on which the debt was due.