RENT

(1) This Act may be cited as the Rent Act.

(2) The provisions of this Act other than the provisions of sections 15, 16 and 17 thereof shall come into operation on the 1st day of March, 1972.

(3) The provisions of sections 15, 16 and 17 of this Act shall come into operation on such date as may be appointed by the Minister by Order published in the Gazette.*

(1) This Act shall be in operation-

(2) The Minister shall in every Notification under paragraph (b) of subsection (1), appoint the date on which the Notification shall take effect.

(3) The Minister may, by Order published in the Gazette, declare that this Act shall with effect from such date as may be specified therein cease to be in operation in any area, or in any part of any area, in which the Act has been in operation.

(4) So long as this Act is in operation in any area, the provisions of this Act shall apply to all premises in that area, other than-

and the word ” premises ” wherever it occurs in this Act shall, unless the context otherwise requires, be construed as premises to which this Act applies, and the expressions ” residential premises” and ” business premises” shall be construed accordingly.

In this subsection-

(5) The regulations in the Schedule to this Act shall have effect for the purpose of determining the premises which shall be excepted premises for the purposes of this Act, and may be amended from time to time, by regulation made under section 43.

(1) It shall not be lawful for the landlord of any premises-

(2) It shall not be lawful for the tenant of any premises to pay or offer to pay, as the rent of such premises, any amount in excess of the authorized rent of such premises as defined for the purposes of this Act in section 6.

(3) Any transfer to a tenant of any burden or liability previously borne by the landlord shall, for the purposes of this Act, be treated as an alteration of rent, and where, as the result of such transfer, the terms on which any premises are held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased, whether or not the sum periodically payable by way of rent is increased; and any increase of rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant where, as the result of such transfer, the terms on which any premises are held are on the whole not less favourable to the tenant than the previous terms, shall be deemed not to be an increase of rent for the purposes of this Act;

Provided that, for the purposes of this section, the rent shall not be deemed to be increased where the liability for rates is transferred from the landlord to the tenant, if a corresponding reduction is made in the rent.

(1) The standard rent per annum of any residential premises the first assessment of the annual value of which was made in respect of any period commencing on a day not later than the first day of January, 1969, and the annual value of which does not exceed the relevant amount, and of any business premises the annual value of which does not exceed the relevant amount, means-

(2) The standard rent per annum of any residential premises, other than premises referred to in subsection (1), means the aggregate of-

(3) In the case of any premises to which the provisions of subsections (1) and (2) do not apply, the standard rent per annum of the premises means such rent as may be fixed by the board on application made either by the landlord or the tenant for the time being of such premises.

(4) The standard rent of any premises per month or per quarter or per half-year shall be determined in proportion to the standard rent of the premises per annum.

(1) Where the landlord of any premises has, since the date by reference to which the standard rent of the premises is determined for the purposes of this Act, incurred, or hereafter incurs, expenditure on the improvement, repair or structural alteration of the premises (not including expenditure on decoration)-

Provided, however, that the board may, on application made by the tenant of such premises, direct that the standard rent shall not be increased as hereinbefore provided, or reduce the amount by which the standard rent may be so increased on the ground that the improvement, repair or structural alteration was not carried out in accordance with the agreement reached with the tenant or the authorization of the board, as the case may be.

(2) An increase of the rent of any premises in accordance with the provisions of subsection (1) shall be a permitted increase for the purposes of this Act.

(1) No person shall, as a condition of the grant, renewal or continuance of the tenancy of any premises, demand or receive, or pay or offer to pay-

(2) Where a landlord is convicted of having received any amount in contravention of the provisions of subsection (1), the Magistrate may make order requiring such landlord to refund such amount to the person from whom such amount was received.

(3) Where the Commissioner for National Housing is satisfied that the landlord of any premises has demanded any amount in contravention of the provisions of subsection (1), the Commissioner may make order directing such landlord not to grant the tenancy of such premises to any person other than a person authorized for the purpose by the board ; and where the landlord grants the tenancy of such premises in contravention of such order, the landlord shall be guilty of an offence under this Act.

(4) Where an order is made by the Commissioner for National Housing under subsection (3), the board shall, subject as hereinafter provided and notwithstanding anything in any other law, authorize such person as in its opinion is suitable to be the tenant of the premises, to occupy such premises.

(5) Where any person authorized by the board under subsection (4) to occupy any premises, occupies such premises, such person shall be deemed for the purposes of this Act to be the tenant of such premises and the provisions of this Act shall apply accordingly.

(6) The exercise of the power of the board to authorize persons to occupy premises under subsection (4) shall be subject to the right of the landlord of the premises to object to the first three persons proposed by the board to be so authorized.

(1) For the purposes of this Act, any part of any premises shall be deemed to have been let or sublet to any person if such person is in occupation of such premises or any part thereof in consideration of the payment of rent and the provisions of this Act shall not apply to such letting or subletting unless the landlord has consented in writing to the letting or subletting of such premises.

(2) Notwithstanding anything in any other law, the tenant of any premises-

(3) As soon as may be after the board has fixed the proportionate rent of such part of the premises, the tenant shall in writing intimate to the landlord and to the subtenant the amount fixed by the board as the proportionate rent. Any sum received as rent which is in excess of the proportionate rent fixed by the hoard shall be refunded by the tenant to the subtenant or set off against the rent payable thereafter by the subtenant.

(4) Where the tenant of any premises has prior to the date of commencement of this Act sublet any part of such premises and where the landlord of any premises has prior to such date let any part of such premises, and where the proportionate rent of the part sublet or let, a”, the case may be, has not been fixed by the board, it shall be the duty of the tenant and the subtenant of the premises sublet and of the landlord and the tenant of the part of the premises let, to make an application to the board within thirty days of the late of commencement of this Act, to fix the proportionate rent of the part sublet or let. as the case may be, and the hoard shall for such rent on the basis of the authorized rent or the receivable rent, as the case may be.

(5) Where the tenant of any premises sublets such premises or any pan thereof without the prior consent in writing of the landlord, the landlord of such premises shall, notwithstanding the provisions of section 22, be entitled in a court of competent jurisdiction to a decree for the ejectment of such tenant from such premises, and also for the ejectment of the person or each of the persons to whom the premises or any part thereof had been sublet.

(6) Where the tenant of any premises who has sublet such premises or any part thereof receives or recovers in respect of the premises or the part of the premises which he has sublet, any amount exceeding the authorized rent, or any amount exceeding such amount as the board has fixed as the proportionate rent of the part sublet, or receives or recovers, in addition to the authorized rent or the proportionate rent, any premium, commission, gratuity or other like payment or pecuniary consideration whatsoever, such tenant shall be guilty of an offence under this Act, and the landlord of such premises shall, notwithstanding the provisions of section 22, be entitled in an action instituted in a court of competent jurisdiction to a decree for the ejectment of such tenant from the premises.

(7) Nothing in subsection (2), subsection f5) or subsection (6) shall apply to the subletting of any premises or part thereof without the prior consent in writing of the landlord where such premises or part had been sublet prior to the date of commencement of this Act to any person, so long as that person continues to be the subtenant of the premises or part thereof.

(8) Where any premises are sublet by a tenant in whole or in part the tenant shall in relation to the subtenant or each of the subtenants be deemed for all purposes of this Act to be the landlord of the premises and the other provisions of this Act shall apply accordingly.

(9) No landlord of any premises shall let any part of such premises to any other person unless prior to so letting he had applied to the board to fix the proportionate rent of such part, and had informed the board the name of the person to whom he proposes to let such part.

(10) As soon as may be after the board has fixed the proportionate rent of the part of the premises let by the landlord, the landlord shall in writing intimate to the tenant the amount fixed by the board as the proportionate rent. Any sum received as rent which is in excess of the proportionate rent fixed by the board shall be refunded by the landlord to the tenant or set off against the rent payable thereafter by the tenant.

(11) Where the landlord receives or recovers in respect of any part of the premises which he has let, any amount exceeding such amount as the board has fixed as the proportionate rent of such part, or receives or recovers, in addition to such proportionate rent, any premium, commission, gratuity or other like payment or pecuniary consideration whatsoever, He shall be guilty of an offence under this Act, and where the tenant of any such part pays or offers to pay any amount exceeding such proportionate rent in respect of such part, or pays or offers to pay in addition to such proportionate rent any premium, commission, gratuity or other like payment or consideration whatsoever, he shall be guilty of an offence under this Act.

(12) The board shall give priority over the other proceedings before the board, to the hearing and determination of any application made under subsection (2) (b) (ii) or subsection (9) for the fixing of the proportionate rent, and the board shall fix such rent on the basis of one hundred and twenty per centum of the authorized rent.

(13) Where any premises are let, sublet or occupied in separate parts, which are not separately assessed for the purpose of rates. and the aggregate of the amount demanded or received as the rent for such separate parts exceeds the authorized rent of the premises, the landlord shall be deemed to have contravened the provisions of section 3 of this Act:

Provided, however, that where any such premises are let, sublet or occupied in separate parts on or after the date of commencement of this Act, the landlord shall not be deemed to have contravened such provisions if the aggregate of the amount demanded as the rent for such separate parts does not exceed one hundred and twenty per centum of the authorized rent of such premises.

(14) Where any premises are let or sublet prior to the date of commencement of this Act in separate parts which are not separately assessed for the purpose of rates, the landlord or the tenant, as the case may be, of such premises shall not demand, receive or recover as the rent of any part of such premises so let or sublet any amount in excess of the proportionate rent fixed for such part by the board under this Act, notwithstanding that such part has subsequent to the date on which it was let or sublet, been separately assessed for the purpose of rates.

(1) Subject to the provisions Of subsection (2), no landlord or agent of the landlord of any premises shall enter into an agreement or other contract with the tenant or an agent of the tenant of such premises for the hire or lease of any furniture, fittings or appliances on such premises.

(2) Where any residential premises which are occupied by the landlord are let to a tenant on account of the landlord temporarily not requiring the use thereof, such landlord may enter into a separate agreement or contract for the hire or lease by the tenant of such furniture, fittings and appliances as were kept in such premises for the personal use of the landlord. Such agreement or contract shall not be entered into except with the prior permission of the board granted on application made by the landlord, and the period for which such agreement or contract shall prevail and the amount payable by the tenant in respect of the hire or lease of such furniture, fittings and appliances shall be as determined by the board when such permission is granted.

(3) Notwithstanding anything in any other law, no agreement or other contract entered into prior to the date of commencement of this Act between the landlord or an agent of the landlord, and the tenant or an agent of the tenant, of any premises, for the hire or lease of any furniture, fittings or appliances on such premises shall be valid or have effect in law, and no landlord shall receive any consideration or benefit arising from such agreement or contract except such consideration or benefit as accrued to him prior to the date of commencement of this Act.

(1) Notwithstanding anything in any other law, no landlord or tenant of any residential premises shall, unless so authorized by the Commissioner for National Housing, use or permit any other person to use such premises wholly or mainly for any purpose other than that of residence.

(2) Where any residential premises are on the date of commencement of this Act used wholly or mainly for any purpose other than that of residence, the landlord or tenant of such premises, as the case may be, shall not continue to use such premises for such purpose after the expiry of six months from such date-

In this subsection-

“residential premises” means any premises which at any time within a period of ten years prior to the date of commencement of this Act had been occupied wholly or mainly for the purpose of residence ; and

” specified purpose ” means any of the purposes specified hereunder:-

(* See List of Enactments omitted from the Revised Edition.)

(1) Where the board is satisfied, on application made by the tenant of any premises, or on an inspection of such premises carried out by it or under its authority, that the landlord-

and it shall be the duty of the landlord to comply with the provisions of such order before such date as may be specified in that behalf in the order, or within such extended period as may be allowed by the board on application made by the landlord.

(2) Where the board is satisfied that any delay in the provision of the amenities alleged to have been discontinued or withheld in an application made under subsection (1) or that any delay in the carrying out of the repairs or redecoration which the landlord is alleged in any such application to have failed to carry out, will cause injury to the occupants of the premises or hazard to their health or permanent damage to the premises, or seriously inconvenience the occupants, the board shall, before making the final order on such application, make an interim order directing the landlord to provide such amenities or to carry out such repairs or redecoration without delay, notwithstanding that there may be pending in any court, at the time of such application, any other action or proceedings relating to such premises.

(3) The board shall in any order under subsection (1) or subsection (2) directing the landlord to effect any repairs or redecoration authorize the tenant, in the event of the landlord failing to comply with the order, to carry out such repairs or redecoration and to incur for the purpose expenditure not exceeding such amount as may be specified in that behalf in the order ; and where any repairs or redecoration are carried out by the tenant in pursuance of the authority so conferred, the tenant shall be entitled to set off against the rent payable in respect of the premises the expenditure actually incurred by him for the purpose, or the amount specified in that behalf in the order, whichever is less.

(4) Where the tenant of any premises refuses to permit the landlord to carry out any repairs or redecoration necessary to maintain the premises in proper condition, the board may, on application made by the landlord, make order directing the tenant to permit the landlord to carry out such repairs or redecoration as may be specified in the order.

(5) The board may inspect or cause to be inspected periodically all premises within its area of jurisdiction for the purpose of ascertaining whether the premises are maintained in proper condition.

(1) Notwithstanding anything in any other law, the tenant of any residential premises which is purchased by any person under the Partition Law or which is allocated to a co-owner under a decree for partition shall be deemed to be the tenant of such purchaser or of such co-owner, as the case may be, and the provisions of this Act shall apply accordingly, and where such tenant is deprived of any amenities as a result of such partition, the owner of the premises where such amenities are located shall permit such tenant to utilize such amenities without making any payment therefor until such amenities are provided by such purchaser or co-owner or by the tenant under subsection (3).

(2) The board may, on application made by the tenant of any premises referred to in subsection (1), or by the owner of the premises where such amenities are located, by order fix the period within which such purchaser or co-owner shall provide the amenities.

(3) The board shall in any order under subsection (2) authorize the tenant, in the event of the purchaser or co-owner failing to provide the amenities within the period fixed by the board, to provide the amenities and to incur for the purpose expenditure not exceeding such amount as may be specified in that behalf in the order; and where such amenities are provided by the tenant in pursuance of the authority so conferred, the tenant shall be entitled to set off against the rent payable in respect of the premises, the expenditure actually incurred by him for the purpose or the amount specified in that behalf in the order, whichever is less.

(1) No landlord of any premises shall, either by himself or through any other person, without reasonable cause, discontinue or withhold any amenities or facilities previously provided for the tenant of, or the person in occupation of, such premises, or deprive, withhold or fail to repair or maintain in proper condition any essential supply or service previously provided to such tenant or person.

(2) In this section, ” essential supply or service” includes supply of water, gas, electricity or lights including lights in passages and on staircases, lifts and conservancy and sanitary service.

(1) No landlord of any premises or other person shall, either by himself or through any other person, interfere or attempt to interfere in any manner in the occupation or use of any premises by the tenant of, or the person in occupation of, such premises or in any manner prevent access to such premises by such tenant or person.

(2) In this section and in sections 15 and 16, “person in occupation”, in relation to any premises, means a person in occupation of the premises with the consent, express or implied, of the landlord of the premises.

(1) The Commissioner for National Housing may-

(2) Where the Commissioner for National Housing makes an order under subsection (1) authorizing the owner of a building to demolish such building, the Commissioner shall-

so however that the amount ordered to be so paid shall in no case be less than three times the authorized rent per annum of the building.

(3) An order made under subsection (t) shall be deemed to have been duly communicated to every occupier of the building in respect of which such order is made, if it is posted by the Commissioner for National Housing on some conspicuous part of such building.

(4) Every occupier of any building in respect of which an order is made under subsection (I) shall vacate such building not later than ninety days after the provisions of subsection (2) (b) (i) or 2 (A) (ii) are for residential purposes and complied with.

(5) Where the occupier of any building in respect of which an order is made under subsection (1) fails to comply with the provisions of subsection (4) the owner of such building may, notwithstanding anything in this Act, apply to the District Court of the district in which such building is situated, praying for the recovery of possession of such building and for the ejectment therefrom, of such occupier. The provisions of subsections (3), (4), (5), (6), (7), (8) and (9) of section 23 shall, mutatis mutandis, apply to the hearing and disposal of every such application.

(6) A decision of the Commissioner for National Housing under paragraph (b) -of subsection (2) shall not be called in question or examined by the court in any proceedings under this section.

(7) Where the owner of a building fails to construct the number of residential or business units within such period or periods as determined by the Commissioner for National Housing under subsection (2), the relevant area of land shall be acquired by the Government under Part VIII of the National Housing Act.

(1) Where the tenant of any residential premises refuses to permit the landlord thereof to construct any building for residential purposes on the land within the boundaries of the premises, or to make such extensions to the existing buildings as are capable of being used for residential purposes, or refuses to permit any purchaser of such land to construct any other building for residential purposes on such land, the landlord or the purchaser, as the case may be, may make application to the board for an order directing the tenant to permit the landlord or the purchaser, as the case may be, to so construct or make extensions; and the board may make order accordingly if the board is satisfied, having regard to the minimum requirements relating to land appurtenant to buildings imposed by by-laws or regulations of the appropriate local authority, and not taking into account any structure unlawfully constructed or which is not an essential part of the premises, that there is sufficient space in such land for such construction or extensions and that the building or buildings or extensions proposed to be constructed or made will not unduly interfere with the amenities and facilities enjoyed by the tenant or where such amenities or facilities may be interfered with, that the landlord or the purchaser, as the case may be, will provide to the tenant fresh adequate amenities and facilities;

and the board may in such or subsequent order determine the number of residential units that shall be constructed on such land and the period within which such number of residential units shall be constructed and the amount of the rent to be paid by the tenant thereafter for his occupation of the existing premises.

For the purposes of this subsection, “sufficient space in such land” shall –

(2) Where the number of residential units determined by the board under subsection (1) is not constructed, without reasonable cause, within the period determined thereunder or such extended period as may be allowed by the board on application made by the landlord or by the purchaser, the landlord or the purchaser, as the case may be, shall be guilty of an offence under this Act.

(1) The Commissioner for National Housing may, on application made in that behalf and notwithstanding anything in this or any other law, make order authorizing the landlord of any premises where there is within the boundaries of such premises appurtenant land situated within the limits of the Colombo Municipal Council exceeding six perches in extent and in any other area exceeding eight perches in extent. To construct any building for residential or business purposes on such land or to make such extension to existing buildings as are capable of being used for residential or business purposes;

(2) Where the tenant of any premises in respect of which an order is made under subsection (1) refuses to permit the landlord of such premises to construct such building or to make such extensions as is or are referred to in such order, the Commissioner for National Housing shall issue a certificate to the Magistrate’s Court of the division within which such premises are situated, setting forth the following facts, namely :-

(3) Every certificate issued under subsection (2) shall be primes facie evidence of the facts stated therein.

(4) Upon receipt of a certificate issued under subsection (2), a Magistrate’s Court shall forthwith issue, and if need be, re-issue, a writ of possession to the Fiscal of the district* in which the relevant area of land is situated requiring and authorizing such Fiscal before a date specified in the writ, and not being a date earlier than three or later than seven clear days of the date of the issue of such writ, to deliver possession of the relevant area of land to the person specified in the certificate issued by the Commissioner for National Housing under subsection (2). Such writ shall be sufficient authority for such Fiscal or any police officer authorized by him in that behalf to enter the relevant area of land with such assistants as the Fiscal or such officer shall deem necessary and to give possession accordingly.

(5) Where the number of residential or business units determined by the Commissioner for National Housing under subsection (1) is not constructed, without reasonable cause, within the period determined thereunder or such extended period as may be allowed by the Commissioner on application made by the landlord, the relevant area of land shall be required by the Government under Part VIII of the National Housing Act.

(1) The tenant of any premises may pay the rent of the premises to the authorized person instead of the landlord.

(2) Where any payment of any rent of any premises is made on any day in accordance with the provisions of subsection (1), it shall be deemed to be a payment received on that day by the landlord of the premises from the tenant thereof.

(3) Where the rent of any premises is paid to the authorized person, the authorized person shall issue to the tenant of the premises a receipt in acknowledgment of such payment, and shall transmit the amount of such payment to the landlord of the premises. It shall be the duty of such landlord to issue to the authorized person a receipt in acknowledgment of the amount so transmitted to him.

(4) In this section, ” authorized person “, with reference to any premises, means the Mayor, or Chairman of the local authority within whose administrative limits the premises are situated or the person authorized in writing by such Mayor or Chairman to receive rents paid under this section, or where the Minister so determines, the board of the area within which the premises are situated.

(1) Notwithstanding anything in any other law, no action or proceedings for the ejectment of the tenant of any premises the standard rent (determined under section 4) of which for a month does not exceed one hundred rupees shall be instituted in or entertained by any court, unless where-

(1A) Where the landlord has served notice on the Commissioner for National Housing of any action or proceedings for the ejectment of the tenant under paragraph (b) of subsection (1), the Commissioner shall, in consolation with the General Manager of the National Housing Development Authority forthwith arrange for alternative accommodation to be provided to the tenant of such premises and upon such arrangement being made notify the court of-

(1B) Where any action or proceedings for the ejectment of the tenant of any premises, is or are instituted in any court, on the ground that such premises are required for occupation as a residence for the landlord or any member of the family of the landlord, such action or proceedings shall have priority over all other business of that court.

(1c) Where a decree for the ejectment of the tenant of any premises is entered by any court on the ground that such premises are reasonably required for occupation as a residence for the landlord or any member of the family of such landlord, or for the purposes of the trade, business, profession, vocation or employment of the landlord, and-

the court shall forthwith issue a writ in execution of the decree to the Fiscal of the court requiring and authorizing him to deliver vacant possession of the premises to the landlord of such premises.

(1D) Notwithstanding anything in any other law, where a writ in execution of a decree for the ejectment of the tenant of any premises is issued by any court, the execution of such writ shall not be stayed in any manner by reason of any steps taken or proposed to be commenced in any court with a view to questioning, varying or setting aside such writ.

(1E) In any proceeding under subsection (1C) the court shall not inquire into the adequacy or the suitability of the alternate accommodation offered by the Commissioner for National Housing.

(2) Notwithstanding anything in any other law, no action or proceedings for the ejectment of the tenant of-

(2A) Where a decree for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2) is entered by any court on any of the grounds referred to in that paragraph, the court shall forthwith issue a writ in execution of the decree to the Fiscal of the court requiring and authorizing him to deliver vacant possession of the premises to the landlord of such premises.

(2B) Notwithstanding anything in any other law, where a writ in execution of a decree for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2) is issued by any court, the execution of such writ shall not be stayed in any manner by reason of any appeal from the judgment of such court.

(2C) Where any action or proceedings for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2) is or are instituted in any court, such action or proceedings shall have priority over all other business of that court and shall in any event be disposed of within twelve months from the date of the institution of such action or proceedings.

(3) The landlord of any premises referred to in subsection (1) or subsection (2) shall not be entitled to institute, or as the case may be, to proceed with, any action or proceedings for the ejectment of the tenant of such premises on the ground that the rent of such premises has been in arrear for three months or more, or for one month, as the case may be, after it has become due,-

(4) The court may, where a tenant tenders to the landlord the arrears of rent after the institution of the action or proceedings and on or before the date mentioned in paragraph (c) of subsection (3), impose on such tenant a fine of such amount as may be determined by the court, if in the opinion of the court, there was no sufficient cause for the delay in the payment of the rent.

(5) Where any action or proceedings for the ejectment of the tenant of any premises referred to in subsection (1) or subsection (2) is or are instituted on the ground that the rent has been in arrear for three months or more, or for one month, as the case may be, after it has become due, the court may, on being satisfied that the rent has been in arrear on account of the tenant’s illness or unemployment or other sufficient cause, make, on not more than one occasion, order that a writ for the ejectment of the tenant from those premises shall not issue if the tenant pays to the court the arrears of rent either in a lump sum on such date or in instalments on such dates, as may be specified in the order;

and if the tenant pays to the court the arrears of rent on such date or dates, his tenancy of those premises shall, notwithstanding its termination by the landlord of those premises, be deemed not to have been terminated.

(6) Notwithstanding anything in any other law, the landlord of any premises referred to in subsection (1) or subsection (2) shall not be entitled to institute any action or proceedings for the ejectment of the tenant of such premises on the ground that such premises are required for occupation as a residence for himself or any member of his family, or for the purposes of his trade, business, profession, vocation or employment, if the landlord has not given to the tenant of such premises six months’ notice in writing of the termination of the tenancy :

(7) Notwithstanding anything in the preceding provisions of this section, no action or proceedings for the ejectment of the tenant of any premises referred to in subsection (1) or subsection (2) (i) shall be instituted-

Provided, however, that the preceding provisions of this subsection shall not apply to the institution of any action or proceedings for the ejectment of the tenant of any premises the annual value of which exceeds one hundred and fifty per centum of the relevant amount where such tenant had come into occupation thereof prior to the date of commencement of this Act. In this subsection, “specified date” means the date on which the tenant for the time being of the premises, or the tenant upon whose death the tenant for the time being succeeded to the tenancy under section 36 of this Act or section 18 of the Rent Restriction Act (No. 29 of 1948), came into occupation of the premises.

(8) For the purposes of the foregoing provisions of this section, “alternate accommodation” means any house, apartment, flat or dwelling unit which has a floor area of not less than four hundred square feet and which is situated within a radius of twenty kilometers of the premises in respect of which the action or proceeding is pending in court.

subsection 9,10,11,12,13,14,15 and 16 repealed by

(1) .Where any residential premises are purchased by the tenant of such premises with moneys partly or wholly provided by a prescribed State institution on a mortgage of such premises created in favour of such institution, and where, consequent on such tenant defaulting in the payment of the moneys due upon such mortgage, such premises are sold to any person (hereinafter in this section referred to as ” the landlord “) the occupier for the time being of such premises, whether he be such tenant or any other person, shall not be entitled, notwithstanding anything in any other law, to occupy such premises after the expiry of a period of six months from the date of such sale and accordingly the occupier shall forthwith on the expiry of such period together with his dependants and subtenants, if any, vacate the premises and deliver possession thereof to the landlord, if he had not done so earlier.

(2) In any case where the occupier of any residential premises referred to in subsection (I) fails to comply with the provisions of subsection (1), it shall be lawful for the landlord to file, in the District Court of the district in which the premises are situated, an application praying for the recovery of possession of the premises, and for the ejectment therefrom of the occupier and his dependants and subtenants, if any.

(3) On receipt of an application under subsection (2), the court shall cause to be served on the occupier a copy of the application and a rule nisi requiring him-

(4) A rule nisi under subsection (3) shall be deemed to have been duly served on the occupier if it is delivered to him by the Fiscal or any other person authorized by the Fiscal, or where it cannot be so delivered, if it is posted by the Fiscal, or the person authorized as aforesaid, on some conspicuous part of the premises to which the rule relates.

(5) If any occupier upon whom a rule nisi is served under this section appears before the court on the date specified in the rule and, by affidavit or by statement on oath or affirmation, raises any defence, which in the opinion of the court necessitates an adjournment of the hearing, the court shall immediately settle and record the issue or issues raised and shall, having regard to the circumstances of the case, appoint a date not later than seven days from the date on which the occupier appeared before the court for the hearing of evidence; and in such case the Registrar of the court shall thereupon issue a summons to every such witness as may be required by the parties commanding his attendance at the time and place specified in the summons.

(6) Where any date is appointed under subsection (5) for the hearing of any case, the hearing shall not be adjourned for any later date-

(7) On the date appointed under subsection (5) for the hearing of the case or on such other date, if any, to which such hearing may be adjourned under subsection (6), the court shall hear and determine the issues raised and give judgment thereon, notwithstanding anything to the contrary in any other written law.

(8) If any occupier upon whom rule nisi has been served under this section, does not appear on the date specified in such rule or on such other date, if any, to which the hearing may be adjourned under this section or, having appeared, fails to show good and valid cause why he should not deliver possession as required by subsection (1) of the premises specified in the rule, the rule nisi shall be made absolute; and the court shall forthwith issue, and if need be reissue, a writ of possession to the Fiscal of the Court requiring and authorizing him before a date specified in the writ, not being earlier than three, or later than seven, clear days from the date of the issue of such writ, to deliver possession of the premises to the landlord or to any other person appointed by the landlord for the purpose and to eject the occupier and his dependants and subtenants, if any, from the premises. Such writ shall be sufficient for the said Fiscal or any police officer authorized by him in that behalf to enter the premises with such assistants as the Fiscal or such officer shall deem necessary and to give possession accordingly and to eject the occupier and his dependants and subtenants, if any, from the premises. Where a writ of possession is issued under this subsection to the Fiscal, the execution of such writ shall not be stayed in any manner whatsoever by reason of any steps taken or proposed to be commenced in any court, with a view to questioning, varying or setting aside the decision on which such writ was issued,

(9) Any person who -is dissatisfied with any final judgment, or any order having the effect of a final judgment, pronounced or made by a District Court under this section may appeal to the Court of Appeal against such judgment or order; and the provisions of any other written law relating to appeals to the Court of Appeal from the judgments or orders of District Courts shall apply in the case of any appeal preferred under the preceding provisions of this subsection.

(10) No action for the recovery of any premises referred to in subsection (1) or for the ejectment of the occupier from such premises shall be taken except under the provisions of this section.

(11) Nothing In any other provisions of this Act shall apply to or restrict the institution or maintenance of any proceedings under this section in respect of any premises referred to in subsection (I).

(12) The provisions of this section shall, mutatis mutandis, apply in the case of premises which were constructed with moneys partly or wholly provided by a prescribed State institution on a mortgage of such premises created in favour of such institution, and which in the opinion of such institution, were constructed for residential purposes.

(13) in this section, “prescribed” means prescribed by the Minister by Notification published in the Gazette.

(1) Where the tenant of any residential premises has been given notice of the termination of the tenancy on the ground that the rent of such premises has been in arrear and where any other person guarantees the payment of such rent and all rents payable by such tenant in the future, the board may, on application made to it by the tenant and if it is of opinion that a satisfactory guarantee has been provided, order the landlord to withdraw the notice.

(2) Where the board has under subsection (1) ordered a landlord to withdraw a notice, such landlord shall, notwithstanding anything to the contrary in any other provisions of this Act, not be entitled to institute any action or proceedings for the ejectment of the tenant by virtue of his having given such notice.

(1) Where any residential premises the annual value of which exceeds relevant amount have been let before the date of commencement of this Act in separate parts which are not separately assessed for the purpose of rates and which parts are independent living units, the grounds on which the landlord may institute action or proceedings for the ejectment of the tenant of any such part shall be the grounds on which the landlord of any premises the annual value or standard rent of which corresponds to the proportionate annual value or standard rent, as the case may be, fixed by the board for such part, may institute action or proceedings for the ejectment of the tenant of any such premises.

(2) The board, in fixing the proportionate annual value of any part under subsection (1), shall ensure that the aggregate of the proportionate annual values of all such parts does not exceed the annual value of the entire premises as specified in the assessment in force on the first day of January, 1969, or, where the assessment of the annual value of such premises was made for the first time after that date, the amount of such annual value as specified in such first assessment.

(1) Notwithstanding anything in any other provisions of this Act, where any part of any residential premises is let on or after the date of commencement of this Act, or where any part of any residential premises the annual value of which exceeds the relevant amount has, prior to such date, been let, the landlord of such residential premises shall be entitled to institute action or proceedings for the ejectment of the tenant of that part of the premises-

Provided, however, that the landlord of such residential premises shall not be entitled to institute action or proceedings under the preceding provisions of this subsection for the ejectment of the tenant of any part of such premises, if the ownership of such premises was acquired by the landlord on a date subsequent to the specified date by purchase, or by inheritance or gift other than inheritance or gift from a parent or spouse who had acquired ownership of such premises on a date prior or subsequent to the specified date by inheritance or gift from a parent or spouse. For the purposes of the foregoing proviso, ” specified date ” means the date on which the tenant for the time being of the part of the premises, or the tenant upon whose death the tenant for the time being of the part of the premises succeeded to the tenancy under section 36 of this Act or section 18 of the Rent Restriction Act (No. 29 of 1948), came into occupation of the part of the premises.

(2) Where any action or proceedings for the ejectment of a tenant is instituted in a court under subsection (1), such court-

(3) Where an order under subsection (2) is issued to the Fiscal by a court, the execution of such order shall not be stayed in any manner by reason of any steps taken or proposed to be commenced in any court with a view to questioning, varying or setting aside such order.

(1) Notwithstanding anything in any other provisions of this Act, where the tenant of any residential premises has ceased to occupy such premises, without reasonable cause, for a continuous period of not less than six months, the landlord of such premises shall be entitled in an action instituted in a court of competent jurisdiction to a decree for the ejectment of such tenant from such premises.

(2) The summons issued to be served on a tenant in an action referred to in subsection (1) shall be deemed to have been duly served on such tenant if the serving officer has affixed one of the duplicates of the summons to a conspicuous part of such premises and if a duplicate of the summons was sent by the court issuing the summons by registered post to the last known address of the tenant.

(1) Notwithstanding anything in any other law, no lease, agreement express or implied, or other contract entered into prior to the date of commencement of this Act in respect of the tenancy or rent of any residential premises the annual value of which exceeds the relevant amount, shall, with effect from the date of commencement of this Act, be valid or have any effect in law.

(2) Notwithstanding anything in any other provisions of this Act, it shall be lawful, with effect from the date of commencement of this Act, for the landlord of any residential premises and the person seeking to be the tenant thereof to enter into a written agreement whereby such premises are let to such person for a period specified therein, such period being not less than five years, or until the happening of an event specified therein, where at the end of such period or on the happening of such event, such premises will be required for occupation as a residence for the landlord or any member of his family; and no such contract or agreement shall, notwithstanding anything in any other written law, be valid or have effect in law unless it is registered with the board on application made either by such landlord or by such person within thirty days after it is entered into.

(3) Where an agreement under subsection (2) is entered into, the tenant shall vacate the premises at the end of the period specified in such agreement, or as the case may be, on the happening of the event specified therein.

(4) Where a tenant who has entered into an agreement under subsection (2), vacates the premises prior to the end of the period, or the happening of the event specified therein, the landlord or any member of his family may enter into occupation of such premises or the landlord may let such premises to any other tenant.

(5) Where the landlord or any member of his family, having entered into occupation of the premises under subsection (4), vacates the premises without reasonable cause within three years of the entry into such occupation, the landlord or the member of the family, as the case may be, shall be guilty of an offence under this Act.

(6) No landlord shall let any premises to a tenant under subsection (4) for any period exceeding the unexpired part of the period specified in the agreement entered into under subsection (2), or, as the case may be, for any period beyond the happening of the event specified in such agreement.

(7) Where, on the tenant vacating the premises in accordance with the agreement entered into under subsection (2) or on the tenant being ejected therefrom under subsection (13), such premises are not required, for any cause, for occupation as a residence for the landlord or any member of his family, the landlord shall so notify to the board, and the board may, as hereinafter provided and notwithstanding anything in any other law, authorize such person as in its opinion is suitable to be made the tenant thereof to occupy such premises.

(8) Where, at any time after an agreement has been entered into under subsection (2) and before the end of the period, or the happening of the event, specified therein, or at any time after the end of the period, or the happening of the event, specified therein, and before the tenant vacates the premises, the landlord considers that such premises will not be required for occupation as a residence for the landlord or any member of his family as contemplated when the agreement was entered into, the landlord shall so notify to the board, and the board may, if the tenant makes a request therefor authorize the tenant to continue to occupy such premises or, where the tenant does not make a request therefor, authorize as hereinafter provided and notwithstanding anything in any other law, such other person as in its opinion is suitable to be made the tenant thereof, to occupy such premises.

(9) Where at any time after the tenant vacates the premises, whether at the time specified in the agreement or thereafter, and before the landlord or any member of his family enters into occupation of such premises, the landlord considers that such premises will not be required immediately after such vacation, for occupation as a residence for the landlord or any member of his family, the landlord shall so notify to the board, and the board may, as hereinafter provided and notwithstanding anything in any other law, authorize such person as in its opinion is suitable to be made the tenant thereof, to occupy such premises.

(10) Where the landlord or any member of his family, having entered into occupation of the premises under the preceding provisions of this section, intends to vacate the premises before the expiration of a period of three years after such entry the landlord or the member of his family, as the case may be, shall so notify to the board, and the board may as hereinafter provided and notwithstanding anything in any other law, authorize such person as in its opinion is suitable to be made the tenant thereof, to occupy such premises.

(11) Where any person authorized by the board under the preceding provisions of this section to occupy or continue to occupy any premises occupies or continues to occupy such premises, he shall be deemed to occupy or to continue to occupy such premises, as the case may be, under an agreement entered into under subsection (2), for such period, or until the happening of such event as may be specified by the landlord at the time of such authorization, except in a case where the landlord of such premises is prepared to let such premises to such person under the provisions of this Act otherwise than under an agreement under subsection

(12) The exercise of the power of the board to authorize persons to occupy premises under the preceding provisions of this section shall be subject to the right of the landlord of the premises to object to the first three persons proposed by the board to be so authorized.

(13) Where any action for breach of an agreement under subsection (2) is instituted before a court, the court shall as expeditiously as possible hear and determine such action and shall, if such breach is proved, and if satisfied that the premises are required for occupation as a residence for the landlord or any member of his family, enter a decree for the ejectment of the tenant without granting the tenant any further period of time for vacating the premises.

(14) Where the landlord or any member of his family does not enter into occupation of the premises without reasonable cause before the expiration of a period of three months after the date of vacation thereof by the tenant, or of his ejectment therefrom, under the preceding provisions of this section, or, having thus entered into occupation of the premises, vacates the premises without reasonable cause within three years of the entry into such occupation, the landlord or the member of his family, as the case may be, shall be guilty of an offence under this Act.

(1) The landlord of any premises shall, on being requested in writing so to do by the tenant of the premises, supply the tenant with a statement in writing setting out the standard rent of the premises, the amount of any increase of rent which is claimed by the landlord to be a permitted increase, and, where it is applicable, the proportionate rent of any of such premises.

(2) It shall be the duty of the landlord of any premises to issue to the tenant a receipt in acknowledgment of every payment made by the tenant by way of rent or advance, whether or not such receipt is demanded by the tenant.

(1) The landlord of any premises shall, upon being requested to do so by the tenant of such premises, give to the tenant a certificate of tenancy relating to such premises in the prescribed form. A certificate of tenancy given under this section by a landlord to a tenant shall be admissible in evidence and shall be prima facie evidence of the facts stated therein.

(2) Where the landlord of any premises refuses to give the tenant a certificate of tenancy, the board shall, upon application made to it by the tenant, give to the tenant a certificate of tenancy relating to such premises in the prescribed form, and a certificate of tenancy given by the board to the tenant shall be deemed to be a certificate of tenancy given by the landlord to the tenant.

(1) Notwithstanding anything in any other law, the succeeding provisions of this section shall have effect in the event of the death of the tenant of any premises. For the purposes of this subsection, a person shall be deemed to be the tenant of any premises notwithstanding that his tenancy of such premises has been terminated by the expiry of the notice of the termination of the tenancy given by the landlord thereof, if at the time of his death he was in occupation of such premises.

(2) Any person who-

shall, subject to any order of the board as hereinafter provided, he deemed for the purposes of this Act to be tenant of the premises :

provided however, no surviving spouse, child, parent, brother or sister as the case may be, shall be deemed to be the tenant of the premises of the deceased tenant under subsection (2), if such person-

(3) The landlord of any premises referred to in subsection (1) shall make application to the board for an order declaring which, if any, of the persons who may be deemed to be the tenants under subsection (2) shall be the person who shall for the purposes of this Act be deemed to be the tenant of the premises.

(4) Where an application is made under subsection (3), the board shall, after notice to all persons who may be deemed to be the tenants under subsection (2) and after due inquiry, make order declaring which, if any, of such persons shall be the person who shall for the purposes of this Act be deemed to be the tenant of the premises.

(5) Any person declared under subsection (4) as the person who shall for the purposes of this Act be deemed to be the tenant of the premises shall be so deemed with effect from the first day of the month succeeding that in which the death of the deceased tenant occurred, and the provisions of this Act shall apply accordingly.

(6) Notwithstanding anything in any other provisions of this Act, the landlord of any premises referred to in subsection (1) shall not be entitled to institute any action or proceedings for the ejectment from such premises of any person referred to in subsection (2) on the ground that the rent of such premises has been in arrear for any period ending on the date on which the board made order under subsection (4).

(7) In this section, ” spouse ” when used with reference to any person, means the husband or wife, as the case may be, of that person, and includes in the case of marriage by habit and repute or according to custom, any contracting party to that marriage, and ” child ” includes a child of parents who have contracted a marriage by habit and repute or according to custom.

(1) The board shall prepare, keep and maintain up to date a Rent Register in respect of each of the premises situated within its area of jurisdiction and for that purpose the board may require the landlord or tenant of any premises to furnish to the board such information and particulars as it may deem necessary.

(2) The landlord of any premises let prior to the date of commencement of this Act shall within three months of such date send by registered post to the board and also to the tenant of such premises a statement in writing containing the following particulars:-

(3) Where any premises or part thereof are let on or after the date of commencement of this Act, the particulars required to be furnished under subsection (2) and particulars relating to any agreement entered into under section 29 shall be furnished by the landlord within six weeks of the date on which such premises are let.

(4) The particulars furnished by the landlord under subsections (1), (2) and (3) and by the tenant under subsection (1) shall be entered in the Rent Register.

(5) In the event of a dispute between the landlord and the tenant regarding any of the afore-mentioned particulars the board shall make a decision after due inquiry. Such decision shall be final and conclusive.

(6) Any tenant or subtenant of any premises shall have the right to apply to the board to have his name entered in the Rent Register as a tenant or subtenant, as the case may be, of such premises. The board after notice to the landlord or to the landlord and the tenant, as the case may be, and after due inquiry, shall if satisfied, enter such person’s name in the Rent Register as a tenant or subtenant of such premises. The decision of the board shall be final and conclusive.

(7) Where a change occurs in any of the particulars afore-mentioned, such change shall be notified to the board, by the person who has furnished such particulars, within six weeks of the occurrence of such change.

(1) There shall be for each area in which this Act is in operation such number of Rent Boards as may be determined by the Minister, constituted in the manner hereinafter provided.

(2) Each board in any Municipality, or town within the meaning of the Urban Councils Ordinance or the Town Councils Ordinance, shall consist of-

(3) The board for any area not mentioned in subsection (2) shall consist of-

(4) Any officer of the department of the Chief Valuer authorized by him for the purpose may represent the Chief Valuer at any meeting of any board and shall be deemed for the purposes of the meeting to be a member of the Board.

(5) Any officer of the department of the Municipal Assessor authorized by him for the purpose may represent the Municipal Assessor at any meeting of any board in the Municipality of Colombo and shall be deemed for the purposes of the meeting to be a member of the board,

(6) Every person appointed under this section to be a member of any board shall, unless he earlier vacates the office by resignation or revocation of appointment, hold office for a period of three years commencing on the date of his appointment. Any member vacating office by effluxion of time shall be eligible for reappointment.

(1) Every application to the board under this Act shall be made in such manner as may be prescribed.

(2) At any meeting of the board three members shall constitute a quorum.

(3) Before making any order upon any application under this Act, the board shall give all interested parties an opportunity of being heard and of producing such evidence, oral or documentary, as may be relevant in the opinion of the board.

(4) The board may examine any witness on oath if it thinks fit to do so, and may summon any person to appear before it, and may require any person including any officer of a local authority or a department of Government or a corporation to produce any document including a document of title, which may be relevant in the opinion of the board.

(5) The board may, in such circumstances and according to such scale or scales as may be prescribed, award costs when dealing with any application made to the board under this Act.

(6) Any sum ordered by the board to be paid as costs by any person may be recovered, on application made to the Magistrate’s Court having jurisdiction in the place where such person is resident, in like manner as a fine imposed by the court, notwithstanding that such sum may exceed the amount of the fine which the court may in its ordinary jurisdiction impose.

(7) All documents, notices or summons issued under the hand either of the chairman of the board or the secretary thereto, if appointed in accordance with regulations made in that behalf, shall be deemed to be issued by the board.

(8) The opinion of the majority of the members of the board present at any meeting shall be deemed to be the decision of the board on any matter. In case of an equality of votes, the chairman shall have a casting vote.

(9) In the absence of the chairman of the board from any meeting of the board, the members present shall elect some other member to be the chairman of that meeting.

(10) The proceedings of the board shall be open to the public, and minutes of such proceedings, including a summary of any oral evidence given before the board, shall be kept by or under, the direction of the chairman.

(11) Any interested party may, with the permission of the board, be represented before the board by an attorney-at-law or other person authorized in writing by that party.

(12) The proceedings of the board shall be deemed to be judicial proceedings within the meaning and for the purposes of Chapter XI of the Penal Code, and the members of the board shall be deemed to be public servants within the meaning of that Code.

(13) Every order made by the board at any meeting shall be reduced to writing and signed by the chairman, and a copy of the order shall be forthwith transmitted by registered post or delivered to the applicant and to the respondent.

(14) Regulations may be made prescribing the fees to be paid by persons making applications to the board, and providing generally (but without prejudice to the preceding provisions of this section) for the procedure to be followed in the consideration and decision of applications, and other matters arising before the board under this Act.

(1) There shall be for the purposes of this Act a Board of Review consisting of not more than seven persons appointed by the Minister. Such persons shall be persons who hold or have held judicial office or are attorneys-at-law. The Minister shall nominate one of the members so appointed to be the Chairman of the Board of Review and may nominate another member of the Board of Review to be the Vice-Chairman of the Board of Review who shall in the absence of the Chairman perform the functions and exercise the powers vested in the Chairman under this Act.

(2) Every member of the Board of Review shall unless he earlier vacates the office by resignation or revocation of appointment, hold office for a period of two years commencing on the date of his appointment. Any member vacating office by effluxion of time shall be eligible for reappointment.

(3) There may be appointed, by name or by office, a secretary to the Board of Review.

(4) Any person who is aggrieved by any order made by any Rent Board under this Act may, before the expiry of a period of twenty-one days after the date of the receipt by him of a copy of the order, appeal against the order to the Board of Review : Provided, however, that no appeal shall lie except upon a matter of law. For the purposes of this subsection, the copy of an order which is transmitted to any person by registered post shall be deemed to have been received by him on the date on which it is delivered in the ordinary course of post at his address.

(5)

(6) At the hearing of any appeal by the Board of Review, the appellant and the respondent shall each be entitled to be heard in person or by an attorney-at-law, but, save with the express consent of the Board, shall not be entitled to adduce any evidence whether oral or documentary.

(7) In any case where the Board of Review thinks fit so to do, whether of its own motion or on the application of any party to an appeal, the Board may examine any witness on oath, and may summon any person to appear before it, and may require any person to produce any document which it considers relevant, including any document of title.

(8) All documents, notices and summonses issued under the hand either of the Chairman of the Board of Review or of the Secretary to the Board shall be deemed to be issued by the Board.

(9) The proceedings of the Board of Review shall be deemed to be judicial proceedings within the meaning and for the purposes of Chapter XI of the Penal Code, and the members of the Board shall be deemed to be public servants within the meaning of that Code.

(10) The Board of Review may in disposing of any appeal under this section award costs against any party. The provisions of subsection (6) of section 39 shall apply, mutatis mutandis, where any costs are awarded under this subsection.

(11) The decision of the Board of Review on any appeal under this section shall be reduced to writing and signed by the members of the Board who heard the appeal. They shall set out the reasons for the decision. Such decision shall be final and conclusive and-

(12) Regulations may be made-

(1) The remuneration allowances payable to a member of the Board of Review or of any Rent Board or to an authorized officer within the meaning of subsection (1) of section 44 and the traveling expenses payable to any person referred to in paragraph (c) of subsection (2) of this section and all other expenses incurred in the administration of this Act, shall be paid out of moneys provided by Parliament for the purpose.

(2) Regulations may be made-

(1) Every person who contravenes or fails to comply with the provisions of sections 3 (1) and (2); 9 (1) and (3); 10 (3), (4), (6), (9), (10), (11), (13) and (14); 11(1), (2) and (3); 12 (1) and (2); 14(1); 15 (1); 16 ; 17 (1); 18 ; 19 ; 20 (2); 21 (3); 29 (3), (5). (6),(7),(8),(9),(10) and (14); 33 (1) and (2); 35 (1); and 37 (2), (3) and (7) of this Act or any order made by any Rent Board shall be guilty of an offence under this Act.

(2) Every person guilty of an offence under this Act shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

*(4) Where an offence under this Act is committed by a body of persons, then-

Provided, however, that a director or an officer of such body corporate, or a director, manager, secretary, agent or other officer or person concerned with the management of such body unincorporate, or a partner of such partnership, shall not be deemed to be guilty of such offence if he proves that such offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(5) Where any prosecution against the landlord of any premises for any alleged contravention of the provisions of section 3 or section 9 is instituted by or at the instance of the tenant of such premises, then no prosecution against such tenant for any contravention of those provisions by reason of any payment or offer of payment alleged to have been made by him in respect of those premises, shall be instituted or maintained-

(1) The Minister may make all such regulations as may be necessary for the purpose of carrying out or giving effect to the provisions and principles of this Act.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

(3) Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to anything previously done thereunder.

(4) Notification of the date on which any regulation made by the Minister is so deemed to be rescinded shall be published in the Gazette.

(5) Any regulation made by the Minister shall when approved by Parliament be as valid and effectual as if it were herein enacted. Notification of such approval shall be published in the Gazette,

(1) In this section, “authorized officer ” means every officer who is declared by Order of the Minister to be an authorized officer for the purposes of this Act.

(2) The Minister shall in every declaration made under subsection (I) in relation to any officer specify the area or areas in which such officer may exercise the powers and functions of an authorized officer under this section; and any area so specified in respect of any such officer is hereinafter referred to as “the area of his appointment “. Every Order under subsection (1) shall be published in the Gazette.

(3) It shall be lawful for an authorized officer-

(4) Every authorized officer shall be deemed to be a public servant within the meaning of the Penal Code.

(1) The Commissioner for National Housing may delegate any power, duty or function conferred or imposed on, or assigned to, him by any provision of this Act to the Government Agent for an administrative district or to the Assistant Government Agent of an administrative division.

(2) Where any power, duty or function is delegated, in pursuance of the provisions of subsection (1), to the Government Agent of an administrative district or to an Assistant Government Agent of an administrative division by the Commissioner for National Housing, such Government Agent or Assistant Government Agent may, subject to such general or special directions as may be issued by the Commissioner for National Housing, from time to time, exercise, perform and discharge such power, duty or function in respect of any premises within the limits of the administrative district or division to which his appointment relates.

(1) The Rent Restriction Act (No 29 of 1948), as amended from time to time is hereby repealed.

(2) Notwithstanding the repeal of the Rent Restriction Act-

(a) any action or proceedings instituted in a court before the date of commencement of this Act-

(b) any appeal preferred to the Supreme Court from any judgment or decree of a court in any such action or proceedings as is or are referred to in paragraph (a) and is pending before the Supreme Court on the date of commencement of this Act shall be deemed at all times to have been and to be null and void ; and

(c) proceedings shall not be taken for the enforcement of any judgment or decree in any such action or proceedings as is or are referred to in paragraph (a), and where such proceedings have begun before the date of commencement of this Act but have not been completed on such date, such proceedings shall not be continued.

(a) any Development Council established under the Development Councils Act or any other authority, body or institution created and established by or under any law, vested with the exercise, performance and discharge of the powers, duties and functions of any Municipal Council, Urban Council, Town Council and Village Council under the Municipal Councils Ordinance, Urban Councils Ordinance, Town Councils Ordinance and Village Councils Ordinance respectively, or under any other law;

(b) any Municipal Council, Urban Council, Town Council or Village Council and includes any authority created and established by or under any law to exercise, perform and discharge powers, duties and functions corresponding to or similar to the powers, duties and functions exercised, performed and discharged by such Council;

(1) in relation to residential premises-

(2) in relation to business premises-

(i) a person who has been issued with a valid visa under the Immigrants and Emigrants Act and whose total income exceeds one thousand rupees per month ; or

(ii) a non-resident company,