Sri Lanka Consolidated Acts

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Common Amenities Board (Amendment) Act (No. 24 of 2003) - Sect 12

insertion of new sections 10A.10B AND 10C in the principal enactment

12. The following new sections are hereby inserted immediately after section 10 of the principal enactment and shall effect as sections 10A, 10B and 10C of that enactment.
10A.
(1) Where any immovable properly of the State is required for any purpose of the. Authority, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 the Crown Lands Ordinance, and accordingly the provisions of that Ordinance shall apply to a special grant or lease of such property of the Authority.
(2) Where any movable property of the State is required for any purpose of the Authority, the Minister may, by Order published in the Gazette. transfer to, and vest in the Authority the possession and use of such movable properly :-
(3) No Order affecting any movable property of any government department or. public corporation shall be made by the Minister under subsection (2) without the consent of the Minister to whom such department or public corporation has been assigned.
10B.
(1) Notwithstanding anything to the contrary in this Law; or any other Law, the Minister may, by notification published in the Gazette, declare that it is necessary to acquire for the purposes of carrying out any condominium re-development project, any of the Condominium Property or any part or any of the condominium parcel or Semi Condominium Property referred to in any of the following cases :-
(a)where any sub-divided building shown in a Condominium Plan or Semi Condominium Plan has been resolved to be destroyed by the resolution of the owners of the condominium parcels, in accordance with section 20Q of the Apartment Ownership Law. No. 11 of 1973 ; or
(b) where any subdivided building shown in a Condominium Plan or Semi Condominium Plan is damaged but is not totally destroyed and the management corporation or the owners have neglected or failed to restore the damaged portion of the subdivided building as accordance with section 20R of the Apartment Ownership Law, No. it of 1973; or
(c) where any sub-divided building shown in a Condominium Plan or Semi Condominium Plan, and constructed at least forty (40) years prior to the declaration ; or
(d) where the maintenance of a subdivided building and its common elements shown in a Condominium Plan or Semi Condominium Plan, has been neglected by the majority of the owners of the condominium parcels or the management corporation, thereby causing a nuisance to the neighbours or a threat to the environment.
(2) Where a notification under subsection (1) is published in the Gazette, the Condominium Property or Semi Condominium Property to which such notification relates shall, for the purposes of the Land Acquisition Act. he deemed to be a land required for a public purpose and may be acquired under that Act.
10C
(1) The Authority may, with the approval of the Minister, dispose by way of sale, lease, land, flat, rent or rent purchase any land flat house or other living accommodation held by the Authority, subject to such terms and conditions as may be. determined by the Minister and specified in the instrument of disposition, and in particular, hut without prejudice to the generality of the foregoing provisions of this section, a condition to the effect that the disposition effected by such instrument may be cancelled or determined in the event of a failure to comply with any oilier condition specified in such instrument or in the event of any money due to the Authority under such instrument remaining unpaid for any such period as may be specified therein.
(2) Nothing in the Crown Lands Ordinance shall affect or be deemed or construed to affect the disposition of any State land held by the 'Authority for any of the purposes of the Authority.".


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