Sri Lanka Consolidated Acts

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Business Undertakings (Acquisition) Act (No. 35 of 1971) - Sect 10

Requisitioning of property

10.
(1) For the purposes of any business undertaking acquired by or vested in the Government under this Act, the Minister of Finance at the request of the relevant Minister may by Order (in this Act referred to as a " requisitioning Order ") published in the Gazette requisition, with effect from such date as shall be specified in the Order, any movable or immovable property specified in the Order.
(2) A requisitioning Order made under sub-section (1) in respect of any property required for the purposes of any business undertaking shall have the effect of authorizing the competent authority managing and administering the affairs of that business undertaking to take possession of the property specified in the Order and to use such property for the purposes of that business undertaking.
(3) Where any property is requisitioned by a requisitioning Order, the Minister of Finance of his own motion or at the request of the relevant Minister may, by Order (in this Act referred to as a " derequisitioning Order ") published in the Gazette, derequisition such property with effect from such date as shall be specified in the derequisitioning Order.
(4) Before a derequisitioning Order takes effect, the Minister of Finance may from time to time alter, by Order published in the Gazette, the date on which such derequisitioning Order takes effect.
(5) Where, immediately before the date on which any property is requisitioned under this Act, a person, other than the owner of such property, was entitled to possession of or to any other right, title or interest in such property under the terms of any arrangement, agreement (formal or informal), lease or notarially executed instrument, that arrangement, agreement, lease or notarially executed instrument shall be deemed for all purposes to have expired on that date.
(6) Where any property is derequisitioned by a derequisitioning Order, such Order shall be deemed to have the effect of reviving any arrangement, agreement, lease or notarially executed instrument subsisting on the date on which the property was requisitioned, and any question which may arise as to any right, title or interest in or over that property shall be determined accordingly.
(7) Where any property requisitioned for the purposes of any business undertaking is permanently required for the purposes of that undertaking, the Minister of Finance of his own motion or at the request of the relevant Minister may, by a subsidiary vesting Order made under section 8, vest such property in the Government.


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