Sri Lanka Consolidated Acts

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Mahaweli Authority Of Sri Lanka Act (No. 23 of 1979) - Sect 33

Borrowings of the Authority and Government Guarantees

33.
(1) The Government is hereby authorized to guarantee, on such terms and conditions as the Government may determine, loans raised by the Authority from any local, international or foreign organization approved by the President. The loans authorized to be guaranteed under this subsection may be denominated in foreign currency.
(2) All such sums payable by the Government under any guarantee given under subsection (1) are hereby charged on the Consolidated Fund.
(3) All sums payable by the Authority in respect of principal, interest and other charges on any loan to the Authority from any international or foreign organization approved by the President or by the Government under any guarantee given under subsection (1) in respect of such a loan, shall, notwithstanding anything to the contrary in any law of Sri Lanka be paid
(i) without deduction for, and free from, any taxes, duties or fees now or hereafter imposed by or under any law of Sri Lanka ; and
(ii) free from all restrictions now or hereafter imposed by or under any law of Sri Lanka ;
(4) For the purposes of subsection (3), the question whether a person is or is not resident in Sri Lanka shall be determined in accordance with the provisions of the Inland Revenue Act, No. 4 of 1963.
(5) Every guarantee agreement between the Government and any international or foreign organization pursuant to this Act and every guarantee given by the Government pursuant to any such guarantee agreement shall, notwithstanding anything to the contrary in any law of Sri Lanka, be valid and enforceable in accordance with their respective terms.
(6) In the case of any loan made to the Authority by any international or foreign organization approve by the President and guaranteed by the Government the Government shall bear any loss, and be entitled to any profit, resulting from any revaluation of the rupee in relation to the currency or currencies in which that loan is expressed and the amount of every such loss is hereby charged to the Consolidated Fund.
(7) The President or any person authorized in that behalf by the President by instrument under his hand is hereby empowered on behalf of the Government to sign any guarantees agreement between the Government and any local, international or foreign organization.
(8) Notwithstanding anything in any other written law, no agreement, bond or other document executed by the Authority in respect of any loan which may be raised by the Authority from any local, international or foreign organization approved by the President shall be subject to or be charged with any stamp duty or duties whatsoever


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