Sri Lanka Consolidated Acts

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Regulated Equipment for Agricultural Projects (Special Provisions) Act (No. 26 of 1971) - Sect 3

Vesting of regulated equipment in the Government

3.
(1) Where the Permanent Secretary is satisfied- the Permanent Secretary may, by Order published in the Gazette (hereinafter referred to as a " vesting Order"), vest such regulated equipment in the Superintendent of Government Stores for and on behalf of the Government.
(a) that the owner of a regulated equipment has in contravention of the terms and conditions of the import licence issued in respect of that regulated equipment sold, mortgaged, transferred or in any other form alienated such regulated equipment; or
(b) that such regulated equipment is not necessary or has not been or is not used in connection with or for the purposes of the agricultural project for which the regulated equipment was imported; or
(c) that any disposition of Crown land for any agricultural project, whether by way of grant, lease, agreement, permit or licence or other instrument of disposition, in connection with or for the purposes for which the regulated equipment was imported, is or has been terminated, cancelled, surrendered or has lapsed,
(2) It shall be deemed to be a condition of every import licence referred to in sub-section (1) of section 2 that any sale, mortgage, transfer or alienation in any other form of any regulated equipment in contravention of the terms and conditions of such licence shall be null and void, and accordingly-
(a) any such sale, mortgage, transfer or alienation in any other form of any regulated equipment shall at all times be deemed to have been and to be null and void and of no effect in law; and
(b) no right, title or interest whatsoever shall be deemed to have passed to the purchaser, mortgagee, transferee or alienee of such regulated equipment.
(3) No vesting Order shall be made under sub section (1) except after notice to the owner to show cause why such Order should not be made, and except on his failure to show" such cause or to show sufficient cause to the satisfaction of the Permanent Secretary.
(4) A vesting Order shall have the effect of giving the Government absolute title to any regulated equipment specified in the Order free from all encumbrances.
(5) Where any vesting Order has been made under sub-section (1), a copy of such Order shall be transmitted to the Superintendent of Government Stores, and, where such regulated equipment is a motor vehicle, a copy of such Order shall also be transmitted to the Commissioner of Motor Traffic.


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