Sri Lanka Consolidated Acts

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Capital Levy Act (No. 51 of 1971) - Sect 39

Payment of capital levy by. transferring immovable property to the Crown

39.
(1) Where the Board has, in its order on any petition made under section 36 by any person, granted him permission to offer to the Crown any immovable property belonging to him, being immovable property of such class or description as is determined by the Board, he shall, within fifteen days after the date of the communication notifying that order, give to the Commissioner a written notice setting out-
(a) full particulars relating to the immovable property he intends to offer to the Crown, and
(b) his title to such property.
(2) Upon the receipt of a notice under sub-section (1), the Commissioner shall cause the immovable property specified in that notice to be inspected. After the inspection of the property, he shall cause to be sent to the Minister of Finance a report on the situation and condition of the property.
(3) The Minister of Finance may, after considering the report sent to him under sub-section (2) in respect of any immovable property, by Order published in the Gazette vest such property in the Crown with effect from such date as shall be specified in the Order.
(4) The effect of an Order made under sub-section (3) in respect of any immovable property shall be that on the date specified in the Order such property shall vest in the Crown absolutely and free from all encumbrances.
(5) Where the immovable property of any person is vested in the Crown under sub-section (3) and any other person has any interest in such property, such other person shall not be entitled to obtain any compensation from the Crown in respect of such interest but nothing in this section shall be construed to prevent such other person from obtaining any relief from such person in respect of such interest.
(6) Where the immovable property of any person is vested in the Crown under sub-section (3) and the value placed on that property in the assessment of capital levy made in respect of that person is not less than the amount of the capital levy payable by such person, such person shall be deemed to have paid the capital levy and any difference between the value of that property and the capital levy payable by that person shall be paid to that person. Where the value placed on that property in the assessment of capital levy made in respect of that person is less than the amount payable by him as capital levy, the balance of the capital levy shall be paid in a lump sum on or before such date, or in such number of instalments, as the Commissioner shall specify in a written notice given to that person. Any sum not so paid shall be deemed to be in default and that person shall be deemed to be a defaulter for the purposes of this Act.


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