27.
| (1) The Permanent Secretary may, on the re- commendation of the Authority, cause to be served or any person who is party to a contract relating to the production or use of atomic energy or research into matters connected therewith, not being a contract for the rendering of personal services, a notice in writing stating that on such date as shall be specified in the notice the rights and liabilities of that person under the contract will be transferred to the Authority. |
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| (2) Where a notice under sub-section (1) is served on any person, then, subject to any withdrawal of the notice under the succeeding provisions of this section, the contract to which the notice relates shall, as regards any rights exercisable, or liabilities incurred on or after the date specified in the notice in accordance with the provisions of sub-section (1), have effect as if the Authority were a party to the contract instead of such person and as if for any reference in the contract to such person there were substituted a reference to the Authority. |
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| (3) A notice under sub-section (1) shall contain a statement to the effect that objections may be made thereto within such time and in such manner as shall be specified in the notice, and if any such objection is duly made and not withdrawn, the Permanent Secretary shall afford an opportunity to the person making the objections of appearing before and being heard by a person appointed by the Permanent Secretary for the purpose. The person so appointed shall make a report on such objections to the Permanent Secretary. |
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| (4) After considering the objections duly made to a notice under sub-section (1) and the report made on such objections under sub-section (3), the Permanent Secretary may cause to be served on the person on whom that notice was served a further notice in writing withdrawing the original notice, and if the original notice has already taken effect, it shall cease to operate in relation to the contract to which it relates as regards any rights exercisable, or liabilities incurred, on or after the date on which the notice of withdrawal was served. |
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| (5) Where the rights and liabilities of a party to a contract are transferred to the Authority under this section, the Permanent Secretary shall pay to that party such compensation in respect of any loss suffered by that party as may be agreed upon between the Permanent Secretary and that party with the approval of the Minister of Finance or, in default of such agreement, as may be determined by an arbitrator mutually agreed by the Permanent Secretary and that party or, failing such last-mentioned agreement, by an arbitrator appointed by the District Judge of Colombo. The arbitrator may, if he thinks fit, be assisted by not more than two assessors, and the fees of the arbitrator and assessors shall be payable by the Permanent Secretary or that party in such proportion as the arbitrator determines. |
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Sri Lanka Consolidated Acts