Sri Lanka Consolidated Acts

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Land Development (Amendment) Act (No. 16 of 1969) - Sect 21

Replacement of sections 46 and 47 of the principal enactment

21. Sections 46 and 47 of the principal enactment are hereby repealed and the following sections are substituted therefor: -
46.
(1) Subject to the provisions of sub-section (2), no permit-holder shall execute or effect any disposition of the land alienated to him on the permit.
(2) With the written consent of the Government Agent, a permit-holder may mortgage his interest in the land alienated to him on the permit to any registered society of which he is a member.
(3) Any disposition, other than a disposition in accordance with the provisions of sub-section (2), of any land alienated on a permit shall be null and void.
47.
(1) Where default is made by a permit-holder who is a member of a registered society in the payment of any sum due to the registered society on any loan granted on the mortgage of the land alienated on the permit, whether that sum is due on account of principal or interest or both, the registered society may, after a decision or award under section 53 of the Co-operative Societies Ordinance has been made on the dispute which had arisen between the registered society and such member by reason of the default, report the defaulter to the Government Agent and transmit to him a certified copy of the decision or award.
(2) The Government Agent, upon receipt of a report made under sub section (1) and of a certified copy of the decision or award referred to in that sub-section, may take action under Chapter X of this Ordinance to recover the sum due from the person against whom the report was made as though such sum were due to the Crown and not to the registered society by which the report was made.
(3) Notwithstanding anything in any other written law, any sum due to a registered society on account of any sum granted on the mortgage of land alienated on a permit shall be recovered in the manner set out in this section and accordingly such registered society shall not take, and shall be precluded from taking, proceedings for the recovery of such sum in any other manner.
(4) The Government Agent shall deliver to a registered society any sum recovered under this section by him in satisfaction of the debt due to such registered society and shall pay the costs of seizure, if recovered, into the Consolidated Fund of Ceylon.".


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