Ceylon Petroleum Corporation (Amendment) Law

Ceylon Petroleum Corporation (Amendment) Law A LAW TO AMEND THE CEYLON PETROLEUM CORPORATION ACT, NO. 28 OF 1961, TO REPEAL THE CEYLON PETROLEUM CORPORATION (DETERMINATION OF COMPENSATION) SPECIAL PROVISIONS ACT, No. 22 OF 1968. AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. 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 Ceylon Petroleum Corporation (Amendment) Law, No. 50 of 1973. Amendment of section 47 of the Ceylon Petroleum Corporation Act, No. 28 of 1961. 2. Section 47 of the Ceylon Petroleum Corporation Act, hereinafter referred to as the ” principal enactment “, is hereby amended in subsection (1) of that section, by the insertion, immediately after the proviso thereto, of the following additional proviso: ” Provided further that where such property consists of land or buildings, the amount of compensation to be paid shall be an amount equal to the price which such, land or buildings would have fetched if such land or building had been sold in the open market, on the day on which such land or buildings was or were vested in the Corporation.”. Insertion of new section 48a in the principal enactment. 3. The following new section is hereby inserted immediately after section 48, and shall have effect as section 48A, of the principal enactment: – “In determining compensation, certain to be taken into account and certain deductions to be made. 48A. In determining compensation payable in respect of any land vested in, or requisitioned for, the Corporation,- (i) where any building had been constructed on, or any other improvements had been effected to, such land., on any date prior to the date on which such land was so vested or requisitioned, by any foreign-owned petroleum company, no account shall be taken of such building or improvements in the computation of the market value of such land under section 47 or in the ” rent payable under section 48, as the ease may be, and (ii) any sum which had been paid in advance to the owner of such land as rent for any period after the date on which such land was so vested, or requisitioned, as the case may be, shall he deducted from the amount of the compensation.”. Replacement of section 54 of the principal enactment. 4. Section 54 of the principal enactment is hereby repealed and the following section substituted therefor:- ” Provision for cases were compensation is not accepted, &c. 54. Where any compensation payable to any person under this Act is not accepted by him when it is tendered to him or where such person is dead or not in existence or not known, it shall be paid to any District Court or Court of Requests, according as the amount of the compensation exceeds or does not exceed seven hundred and fifty rupees, to be drawn by the person or persons entitled thereto.”. Insertion of new sections 54A, 54B, 54C in the principal enactment. 5. The following new sections are hereby inserted immediately after section 54, and shall, have effect as sections 54A, 54B and 54C, of the principal enactment:- Compensation payable in respect of property vested in, or requisitioned for, the Corporation on or after August 1, 1970. 54A. Notwithstanding anything to the contrary in this Act or in any other written law, the Corporation may pay to any person as compensation in respect of property vested in, or requisitioned for, the Corporation under this Act, where such vesting or requisitioning is made on or after the first day of August, 1970, such amount as the Minister may, pursuant to any agreement reached between the Minister and such person in respect of the amount of compensation for such property, direct the Corporation to pay. Power of the Chairman of the Board of Directors to pay advances on account of compensation. 54B. (1) The Chairman of the Board of Directors may before the determination of a claim for compensation under this Act pay to a person whom he considers entitled to such compensation an advance, and any sum so paid shall be deducted from the amount of the compensation awarded to him. (2) Where any sum is paid after the date of commencement of this Act to any person as an advance on account of compensation to be paid to such person under this Act in reject of any land vested in or requisitioned for the Corporation. such payment shall be deemed to have been paid under sub section (1) and accordingly such sum shall be deducted from the amount of the compensation awarded to such person. Finality as to payment of compensation. 54C. Where compensation under this Act has been paid in respect of any land in accordance with the provisions of this Act, no further claim against the Corporation either by the person to whom such compensation was paid or by any other person shall be allowed and no action shall be instituted against the Corporation in any court in respect of such further claim.”. Amendment of section 55 of the principal enactment. 6. Section 55 of the principal enactment is hereby amended as follows: – (1) by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection: – ” (1) There shall be established for the purposes of this Act a Compensation Tribunal (hereinafter referred to as the ” Tribunal “), consisting of five members appointed by the Present of whom at least three shall be persons with judicial or legal experience.’: and (2) by the repeal of subsection (5) of that section Replacement of section 56 of the principal enactment. 7. Section 56 of the principal enactment Is hereby repealed and the following section substituted therefor:- “Remuneration of numbers of the Tribunal and expense of the Tribunal. 56. (1) The members of the Tribunal shall be remunerated at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance. (2) The remuneration of the member of the Tribunal and other expenses of the Tribunal shall be paid by the Secretary to the Ministry out of the funds provided for the purpose by the Corporation Replacement of section 57 of the principal enactment. 8. Section 57 of the principal enactment is hereby repealed and the following section substituted therefor:- ” Meetings of the Tribunal. 57. (1) The Chairman shall convene meetings of the Tribunal for the consideration and determination of references for awards as to compensation made to the Tribunal. (2) Three members of the Tribunal, one of whom shall be the Chairman or Vice-Chairman, shall be summoned to a meeting of the Tribunal. The members to be summoned shall be determined by the Chairman. (3) Where the Chairman or the Vice-chairman is summoned to a meeting of the Tribunal, the Chairman or Vice- Chairman, as the case may be shall preside at that meeting. (4) A member of the Tribunal who is interested in any matter which is a subject of a inference for an award as to compensation or who has been consulted as an advocate or a proctor or in any other capacity in regard to that matter by or on behalf of any person interested therein shall not participate in any proceedings of a meeting of the Tribunal on such reference. (5) A meeting of the Tribunal may from time to time be postponed or adjourned.”. Replacement of section 58 of the principal enactment. 9. Section 58 of the principal enactment is hereby repealed and the Mowing section substituted therefor:- “Proceedings before Tribunal. 58. (1) Every reference for an award as to compensation shall be considered and determined at a meeting of the Tribunal. (2) The Chairman shall fix a date time and place for the consideration and determination by the Tribunal of each reference for an award as to compensation.” . Amendment of section 59 of the principal Enactment. 10. Section 59 of the principal enactment is hereby amended by the repeal of sub-section (1) of that section and the substitution therefor, of the following subsection: – ” (1) The Chairman or the Vice-Chairman of the Tribunal shall, for the purposes of the consideration and determination of any reference for an award as to compensation, have all the powers of a District Court- (a) to summon and compel the attendance of witnesses; (b) to compel the production of documents; and (c) to administer any oath or affirmation to witnesses.”. Amendment of section 78 of the principal enactment. 11. Section 78 of the principal enactment is hereby amended by the insertion immediately after the definition of ” Director “, of the following new definition: – ‘ ” foreign-owned petroleum company ” means any foreign-owned petroleum company within the meaning of the definition of ” foreign-owned petroleum companies ” in the Ceylon Petroleum (Foreign Claims) Compensation Act, No. 19 of 1965.’. Foreign-owned companies deemed not to have right to recover from owners of lands vested, any sum paid in advance. 12. Where any sum has been paid in advance by any foreign-owned petroleum company to the owner of any land vested in or requisitioned for, the Corporation as rent for such land for any period after the date on which such land was so vested or requisitioned, such company shall be deemed not to have had or to have any right, at any time, to recover such sum from such owner or from the Corporation, and accordingly, where any action instituted by any such company, against any such owner for the recovery of any such sum is, on the day immediately prior to the date of commencement of this Law, pending before any court, then, such action shall be determined in accordance with the preceding provisions of this section, and for the purpose of such determination, the preceding provisions of this section shall be deemed to have come into force on the day immediately prior to the date on which such action was instituted. Repeal of Act No. 22 of 1968. 13. (1) The Ceylon Petroleum Corporation (Determination of Compensation) Special Provisions Act, No. 22 of 1968, is hereby repealed. (2) Notwithstanding the repeal of the Ceylon Petroleum Corporation (Determination of Compensation) Special Provisions Act, No, 22 of 1968- (a) where any claim for compensation in respect of any land has been made under that Act, and has not been determined by the Chairman of the Board of Directors or any other officer authorized by him in that behalf or, as the case may be, by the Board of Review on an appeal made to that Board, such claim shall be deemed to have been made in pursuance of the provisions of section 44 of the Ceylon Petroleum Corporation Act, No. 28 of 1961; (b) no fresh claim, shall be required to be made in respect of such land; (c) the other provisions of the aforesaid Ceylon Petroleum Corporation Act relating to the determination and payment of compensation shall, accordingly apply in respect of such claim; and (d) the Compensation Tribunal established or constituted under the provisions of the aforesaid Ceylon Petroleum Corporation Act shall be deemed to have and shall have the power, authority and jurisdiction to hear and determine such claim. Interpretation. 14. In this Law, unless the context otherwise requires, ” Corporation ” and ” foreign-owned petroleum company ” have the same meanings respectively as in the principal enactment as amended by this Law.