Sri Lanka Consolidated Acts

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Rehabilitation Of Persons, Properties And Industries Authority Act (No. 29 of 1987) - Sect 22

Divesting of affected property, business or industry vested in the State by virtue of the Emergency Regulations

22.
(1) Every affected property, business or industry vested in the State by virtue of the Emergency (Rehabilitation of Affected Property, Business or Industries) Regulations made under the Public Security Ordinance, shall be deemed, with effect from the appointed date, to have been divested except any such affected property, business or industry as is determined by the Chairman in writing
(a) being an affected property -
(i) in respect of which repairs or restoration have or has not commenced;
(ii) in respect of which repairs or restoration have or has been commenced but not completed;
(iii) the tenant of which has not been restored to possession;
(iv) in respect of which an inquiry is pending on the appointed date; or
(b) being affected business or industry in respect of which
(i) rehabilitation or restoration has not commenced ;
(ii) rehabilitation or restoration but not been completed;
(iii) the tenant of which has not possession;
(iv) an inquiry is pending on the appointed date.
(2) The Chairman shall have the authority to divest by declaration in writing at any time any such property, business or industry as is excluded under subsection (1), where he is satisfied that-
(a) repairs or restoration to such property, have or has been completed or that the lawful tenant of such property has been restored to possession; or
(b) rehabilitation or restoration of such business or industry has commenced or have or has been completed and every such declaration shall be final and conclusive,
(3) Upon the divesting of any affected property, business or industry, by virtue of the operation of subsection (1), or under subsection (2) such property, business or industry shall be deemed never to have vested in the State and any question which may arise as to any right, title or interest in, or over such property, business or industry shall be determined accordingly, and subject to the provisions of this Act, every arrangement, agreement or other notarially executed instrument in, or over the property, business or industry subsisting on the date on which such property, business or industry vested in the State, shall be deemed to be revived by operation of that subsection.


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