Sri Lanka Consolidated Acts

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Apartment Ownership (Amendment) Act (No. 39 of 2003) - Sect 8

Replacement of section 6 of the principal enactment

8. Section 6 of the principal enactment is hereby repealed and the following section substituted therefor :-
6.
(1) Upon receipt of any application for the registration of a Condominium Plan, "Provisional Condominium or a Semi Condominium Plan" or any application under section 8 for the registration of a "Plan of amendment or any application under section 8B for the registration of a Plan of amendment or any application under section 12 for the registration of a Plan of re-division or a Plan of amalgamation or any application under section 8A for registration of a Plan of addition the Registrar shall refer such application together with the Condominium Plan, or the Provisional Condominium Plan, or the Semi Condominium Plan, or the Plan of amendment, or the Plan of re-division or the Plan of amalgamation or the Plan of additions, as the case may be. and the cadastral map to the Superintendent of Survey for certification.
(2) Where the Superintendent of Survey is satisfied, that the Condominium Plan or Provisional Condominium Plan, or Semi Condominium Plan, or the Plan of amendment. or the Plan of re-division or the Plan of amalgamation or the Plan of additions, as the case may be. conforms to the provision of the Registration of Title Act, No. 21 of 1998. he shall certify such plan on behalf of the Survey-General and-
(a) file the original of the Condominium Plan or the Provisional Condominium Plan, or the Semi Condominium Plan or the Plan of amendment or the Plan of re-division, or the Plan of amalgamation or the Plan of additions, as the case may be after making suitable references and after making necessary amendments or alterations, or subdivisions or amalgamation or incorporations, on the cadastral map used for registration of title ; and
(3) Upon receipt of a cadastral map duly certified from the Superintendent of Surveys, the Registrar shall, if he is satisfied that such application conforms to the provisions of the of the Registration of Title Act, No. 21 of 1998, and-
(a) where the application is for the registration of a Condominium Plan"
(4) Sections 34, 35 and 37 of the Registration of Title Act, No. 21 of 1998, shall, mutatis mutandis, apply to the inspection of the title register and the cadastral map, issue of certified copies of documents and extracts of cadastral maps and obtaining of certificate of ownership or interest of the condominium parcel or parcels.
(5) Where the Registrar refuses to register the Condominium Plan or the Provisional Condominium Plan or the Semi Condominium Plan or the Plan of amendment, or the plan of redivision or the Plan of amalgamation or the Plan of additions as the case may be, he shall make an order of refusal and record his reasons for such order in the prescribed register and shall endorse the words "Registration of condominium title refused" or "Registration of provisional condominium title refused" or "Registration of semi condominium title refused" , as the case may be, on the instruments and on the application made by the person who presented the application for such registration and shall, without payment or unnecessary delay issue to the applicant a copy of the reasons so recorded.
(6) An appeal shall lie from every order made by the Registrar refusing to register the Condominium Plan or the Provisional Condominium Plan, or the Semi Condominium Plan, or the Plan of amendment, or the Plan of re-division or the Plan of amalgamation or the Plan of additions and the provisions in section 38 of the Registration of Documents Ordinance shall, mutatis mutandis apply in relation to such appeal.


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