14. Section 15 of the principal enactment is hereby amended as follows:"
| (1) by repeal of subsection (2) of that section and the substitution therefor of the following subsection:-
| | "(2) Subject to the provisions of subsection (2A),a defendant in an action instituted under this Act or his representative in interest shall not alienate any movable or immovable property or otherwise dispose of the same in any manner whatsoever after the decree nisi entered in such action is served on such defendant."; | | |
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| (2) by the insertion immediately after subsection (2) of that section, of the following new subsections"
| | "(2A) It shall not be a contravention of the provisions of subsection (2) for a defendant to alienate any movable or immovable property or otherwise dispose of the same in any manner whatsoever after the service of the decree nisi on him where"
| | | (a) the defendant has paid into court, the sum mentioned in the decree nisi; or |
| (b) the action on which the decree nisi is entered is dismissed, or the decree nisi is discharged; |
| (c) the decree absolute is satisfied, but only in respect of such of the property alienated as has not been seized and applied in satisfaction of the decree absolute; and |
| (d) the alienation is undertaken with the approval of the court and subject to such terms and conditions as may be imposed by court. |
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| | (2B) Where any property is alienated or otherwise disposed of in contravention of the preceding
| | | (a) such alienation shall be null and wild and of no force or effect in law and shall be open to seizure In whosever's hands such property may be: |
| (b) the person who alienated the property shall be guilty of an offence and shall on conviction after summary trial by a Magistrate be liable to a fine not less than fifty thousand rupee or to a term of imprisonment of not less than two years. |
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| | (2C) The provisions of section 303 of the Code of Criminal Procedure Act, No. 15 of 1979, shall not be applicable in respect of an offender on whom a sentence of imprisonment is imposed under subsection (2B) " ; and | | |
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| (3) by the substitution, in subsection (6) of that section, for the words " Nothing in subsection (2)" of the' words " Nothing in subsection (2B) ". |
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Sri Lanka Consolidated Acts