Sri Lanka Consolidated Acts

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Ceiling on Housing Property Law (No. 1 of 1973) - Sect 19

Prevention of or obstruction to taking possession of house for and on behalf of the Commissioner

19.
(1) Every person who- any person from or in taking possession under section 18 of any house for and on behalf of the Commissioner shall be guilty of an offence under this Law.
(a) prevents, obstructs or resists; or
(b) directly or indirectly causes anyone to prevent, obstruct or resist,
(2) Where a person authorized by the Commissioner under section 18 to take possession of any house for and on behalf of the Commissioner is unable or apprehends that he will be unable to take possession of such house because of any obstruction or resistance that has been or is likely to be offered, on his making an application in that behalf to the Magistrate's Court having jurisdiction over the place where the house is situated, the Magistrate shall issue an order of the Court directing the Fiscal to deliver possession of that house to him for and on behalf of the Commissioner.
(3) Where an order under subsection (2) is issued to the Fiscal by a Magistrate's Court, he shall forthwith execute that order and shall in writing report to the court the manner in which that order was executed.
(4) Where an order under subsection (2) is issued to the Fiscal by a Magistrate's Court, the execution of such order shall not be stayed in any manner by reason of am steps taken or proposed to be commenced in any court with a view to questioning, varying or setting aside such order.
(5) For the purpose of executing an order issued by a Magistrate's Court under subsection (2), the Fiscal or any person acting under his direction may use such force as may be necessary to enter the house to which that order relates and to eject any person in occupation thereof and to deliver possession of the house to the person who is authorized under section 18 to take possession thereof for and on behalf of the Commissioner.


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