Sri Lanka Consolidated Acts

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Ceiling on Housing Property (Amendment) Law (No. 34 of 1974) - Sect 12

Insertion of new sections 17A, 17B, 17C, 17D, 17E and 17F in the principal enactment

12. The following new sections are hereby inserted immediately after section 17, and shall have effect as sections 17A, 17B, 17C, 17D, 17E and 17F, of the principal enactment: -
17A.
(1) Notwithstanding that any house in the under this Law, the Commissioner may, with the prior approval in writing of the Minister, by Order published in the Gazette, divest himself of the ownership of such house, and on, publication in the Gazette of such Order, such house shall be deemed never to have vested in the Commissioner.
(2) Where any house has vested in the Commissioner- under section 11 and the person who was the owner thereof immediately prior to such vesting makes application to the Commissioner requesting that he be allowed a further period of time to dispose of such house, the Commissioner may, if satisfied that adequate grounds exist for granting such request and with the approval in writing of the Minister, by Order published in the Gazette, divest himself of the ownership of such house, and on publication of such Order in the Gazette, such house shall be deemed never to have vested in the Commissioner. Where such person fails to dispose of such house within a period of twelve months from the date on which the Order divesting the Commissioner of the ownership of such house was published in the Gazette, the Commissioner may by Order published in the Gazette, vest such house in the Commissioner with effect from such date as may be specified therein.
17B. The Commissioner shall maintain a register of houses vested in him under this Law and such register shall be open to the public for inspection on payment of the prescribed fee.
17C. No house purchased from the Commissioner under this Law may, for a period of five years from the date of such purchase, be sold, gifted or leased to any person other than a child or spouse of the purchaser thereof, except with the prior permission in writing of the Commissioner granted in case of extreme hardship; and where any such house is sold, gifted or leased to any such child or spouse, such child or spouse shall not sell, gift or lease such house to any person until after the lapse of a period of five years from the date of purchase from the Commissioner by the original purchaser:
17D. Where a loan is granted by the Commissioner to the purchaser of a house vested in the Commissioner under this Law, on a mortgage of such house, the provisions of sections 73 to 89 of the National Housing Act (Chapter 401) shall apply, mutatis mutandis, where default is made in the payment of any sum due on such loan, whether that sum is due on account of principal or interest or both.
17E. Where the Commissioner provides or maintains any amenities or services to or in respect of any house vested in him under this Law between the date of vesting and the date on which such house is sold or transferred to the tenant thereof or to any other persons the Commissioner may recover the cost of providing or maintaining such amenities or services from the persons who-were the tenants or occupants of such house during the period when such amenities or services were provided or maintained by the Commissioner.
17F.
(1) Where a house is vested in the Commissioner under this Law, the person who was the owner of such house immediately prior to such vesting (hereinafter referred to as the " former owner ") shall not discontinue any amenities or services provided by him to such house prior to such vesting except after giving fourteen days' notice in writing to the Commissioner.
(2) Where any such amenities or services are discontinued by the former owner without giving at least fourteen days' notice, the cost that may be incurred by the Commissioner in the restoration or replacement 0f such amenities or services shall be deducted from the price payable for such house to such owner under section 23.
(3) Where any such amenities or services are discontinued by any person other than the former owner or any local authority, Government Department or public corporation, such person shall be guilty of an offence under this Law.'.


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