7. The following new section is hereby inserted immediately after section 13, and shall have effect as section 13A, of the principal enactment: -
| 13A.
| | (1) Where the owner of a house -
| | | (a) has left Sri Lanka, and has either renounced citizenship of Sri Lanka or has ceased to be a citizen of Sri Lanka under the Citizenship Act; or |
| (b) has been, -residing abroad for a continuous period of ten years otherwise than as an employee of the Government of Sri Lanka or of any foreign government or of any International institution; or |
| (c) has left Sri Lanka for the purpose of settling abroad: or |
| (d) is not in existence or Is not known or cannot be traced, |
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| | (2) Notwithstanding anything in section 17, where a tenant makes an application under subsection (1) for the purchase of a house and such tenant proves to the 'satisfaction of the Commissioner-
| | | (a) that he has been the tenant of such house for not less than five years prior to the date of such application ; and |
| (b) that he was not during the period commencing on January 13, 1973. and ending on the date of such application, the owner of a house, for the ejectment of the tenant of which, no action or proceeding may be instituted under the Rent Act, No. 7 of 1972. on the ground that such house is required for occupation as a residence for the landlord of such house or for any member of the landlord's family, |
|
| | (3) The notice referred to in subsection (2) shall-
| | | (a) contain adequate particulars and description of the house in respect of which the application has been made, |
| (b) state that written objections to the application may be made to the Commissioner; and |
| (c) specify the period within which such objections may be made such period being not more than three months from the date on which such notice is published. |
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| | (4) Where any written objections are made to the Commissioner under subsection (3), the Commissioner shall give the objector an opportunity of being heard in support of such objections. | | |
| | (5) After considering the written objections, if any, made under subsection (3), the Commissioner shall make a report to the Minister on the application and shall, inter alia, state as to whether
| | | (a) such house is situated in an area which, in his opinion, will not be required for slum clearance, development or for any other public purpose; |
| (b) it is feasible to alienate such house as a separate entity: |
| (c) the applicant is in a position to make the purchase: and |
| (d) the owner of such house had a spouse or dependent child residing in Sri Lanka on the date when such application was made. |
|
| | (6) After considering the report made to him under subsection (5), the Minister may, if he is satisfied having regard to ail the circumstances of the case that the application should be allowed, by Order published in the Gazette vest such house in the Commissioner with effect from such date as may be specified therein. | | |
| | (7) The provisions of subsections (2), (3), (3A) and (3B) of section 17, shall, mutatis mutandis, apply to the sale of any house vested in the Commissioner by an Order made under subsection (6) of this section. . | | |
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Sri Lanka Consolidated Acts