Ceiling On Housing Property (Amendment)Law

Ceiling On Housing Property (Amendment)Law


BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows:-
Short title.
1. This Law may be cited as the Ceiling on Housing Property (Amendment) Law, No. 9 of 1977.
Insertion of new section 12A in the Ceiling on Housing Property Law, No. 1 of 1973.
2. The following new section is hereby inserted immediately after section 12, and shall have effect as section 12A, of the Ceiling on Housing Property Law, No. 1 of 1973 (hereinafter referred to as the ” principal enactment”) :-

Power of Commissioner to transfer certain houses to the tenants of such houses.

(1) Notwithstanding anything in this Law, the Commissioner may, if he deems it just and equitable in the circumstances of the case, by an instrument of disposition signed by him, transfer any house-

(a) which has vested in him under section 8 (4) or section 11 : and
(b) the standard rent of which does not exceed twenty-five rupees per month ; and
(c) which is situated in an area which, in the opinion of the Commissioner may be required for the purposes of redevelopment.
to the tenant of such house and such tenant shall not be required to make any payment in consideration of such transfer. Such instrument of disposition shall be subject to the provisions of subsection (2) and to such conditions as may be prescribed. No stamp duty shall be payable in respect of such instrument.
(2) Where the Commissioner is of the opinion that any house transferred under subsection (1) Is required for the purposes of the redevelopment of the area in which such house is situated, he may, by Notification published in the Gazette, cancel, with effect from such date as may be specified in such Notification, the instrument of disposition by which such house was so transferred. Upon the cancellation of any such instrument, the title to the house in respect of which such instrument was executed shall revert to, and vest in, the Commissioner, free from all encumbrances.
(3) The Commissioner shall transmit, or cause to be transmitted, a copy of every Notification referred to in subsection (2), to the Registrar of Lands of the district in which the house transferred by the instrument of disposition referred to in such Notification, is situated, and such Registrar shall make the necessary entries in the register relating to such house.
(4) Where the Commissioner cancels any instrument of disposition under subsection (2), he shall take all necessary steps to provide, upon such terms and conditions as may be determined by him, alternate accommodation for any person in whose favour such instrument was executed and who, at the time of such cancellation, was in occupation of the house in respect of which such instrument was executed.
(5) Upon the transfer of any house under subsection (1) any agreement for the sale of such house entered into between the Commissioner and the tenant of such house, under section 17, shall be deemed to be cancelled, and the Commissioner shall not be liable to refund to such tenant any payments made by such tenant in pursuance of such agreement.
(6) Every Notification made under subsection (2) shall be final and conclusive and shall not be called in question in any court, and the provisions of section 39 shall not apply to, and in relation to, such Notification.
(7) In this section, ” house” includes such extent of land and such rights as is, or are, appurtenant to such house, and is, or are, described in any instrument of disposition transferring such house. ‘.
Amendment of section 18 of the principal enactment.
3. Section 18 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution, for the words ” purposes of development or otherwise, of the words “purposes of development, redevelopment or otherwise,”.