Government Quarters (Recovery Of Possession) (Amendment)



Government Quarters (Recovery Of Possession) (Amendment)
AN ACT TO AMEND THE GOVERNMENT QUARTERS (RECOVERY OF POSSESSION) ACT, No. 7 OF 1969

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[20th November
, 1985
]
Short title.

1. This Act may be cited as the Government Quarters (Recovery of Possession) (Amendment) Act, No. 45 of 1985.

Amendment of section 7 of Act No. 7 of 1969.

2. Section 7 of the Government Quarters (Recovery of Possession) Act, No. 7 of 1969 (hereinafter referred to as the” principal enactment “) is hereby amended as follows :

(a) by the renumbering of that section as subsection (1) of that section; and

(b) by the insertion, immediately after subsection (1) of that section of the following new subsections:

” (2) Notwithstanding anything in any other law, the issue or re-issue of a writ of possession under subsection (1) shall not be stayed in any manner, by reason of any steps taken or proposed to be taken in any court with a view to questioning the issue or re-issue of such writ of possession or the quit notice in pursuance of which such writ of possession is issued or re-issued.

(3) Nothing in this Act shall be read and construed as precluding any person who claims to have been unlawfully ejected from Government quarters under this section from instituting an action for damages or other relief. “.

Pending application & c.

3.

(1) Where on the day immediately preceding the date of commencement of this Act, there is pending in any Magistrate’s court any application made by a competent authority to that court under section 6 of the principal enactment, such application shall be heard and determined by such court in accordance with the provisions of the principal enactment, as amended by this Act.

(2) Where on the day immediately preceding the date of commencement of this Act, there is pending in any court of competent jurisdiction, any matter in respect of any act done or quit notice issued by a competent authority, or an order made by a Magistrate, under the principal enactment, such matter shall be heard and determined by such court of competent jurisdiction in accordance with the provisions of the principal enactment, as amended by this Act.