Sri Lanka Consolidated Acts

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Mines and Minerals Law (No. 4 of 1973) - Sect 51

Notice of claim or disclaimer in respect, of property required for purposes of the Corporation

51.
(1) Any officer of the Corporation authorized by the Minister may, by notice (in this Law referred to as a " notice of claim ") published in the Gazette, declare that such immovable or movable property, other than money, as has been, or is being, or is, or was intended to be, used by any person for the purpose of engaging in or carrying on any undertaking which is similar or substantially similar to any specified undertaking of the Corporation, is required for the purposes of the Corporation. Such property is in this Law referred to as '' notified property ".
(2) The publication of a notice of claim made under subsection (1) in respect of any property shall be conclusive proof that such property is required for the purposes of the Corporation.
(3) Where a notice of claim is published under subsection (1), any officer of the Corporation authorized by the Minister may from time to time, by notice (in this Law referred to as a " notice of disclaimer ") published in the Gazette, disclaim the need, for the purposes of the Corporation, of the whole or any part of the property included in the notice of claim and specified in the notice of disclaimer.
(4) No person shall lease, hypothecate, alienate, transfer or dispose of in any manner whatsoever to any person, other than the Corporation
(a) any property which is specified in a notice of claim and is not disclaimed by a notice of disclaimer; or
(b) any rights in respect of that property.
(5) Any lease, hypothecation, alienation, transfer or disposal made or effected in contravention of the provisions of subsection (4) shall be null and void, and shall be of no force or avail in law.
(6) Any person shall, if requested by any authorized officer so to do, furnish to such person as shall be specified in the request information with regard to any movable or immovable property included in a notice of claim as shall be so specified.
(7) Any person who-
(a) leases, hypothecates, transfers or otherwise disposes of any notified property in contravention of subsection (4); or
(b) wilfully fails to furnish the information referred to in subsection (6), or who wilfully withholds all or any part of such information, or who furnishes information knowing such information to be false or inaccurate; or
(c) wilfully or negligently destroys or damages or causes to be destroyed or damaged any notified property; or
(d) removes, changes the situation or location, or alters the character, or causes such removal, change or alteration, of any notified property,
(8) Regulations may be made under this Law-
(a) empowering any person authorized in that behalf by the Corporation to inspect any notified property, and requiring the persons in whose possession or custody such property is to allow and assist the inspection thereof;
(b) providing that a report as to the condition of any notified property may be made, and may be subsequently amended, by or under the authority of the Corporation;
(c) providing for the service of copies of such report or any amendment thereof on persons having an interest in the property to which the report relates;
(d) requiring persons on whom copies of the report or any amendment thereof have been served to notify the Corporation whether or not they are in agreement with such report or amendment, and, if they are not in agreement, to specify any objections they may have and the grounds of such objections and to produce all documents relied on by them in support of such objections;
(e) prohibiting the making of any improvements or alterations to any notified property without the prior approval of the Corporation; and
(f) providing for all matters connected with or incidental to the matters aforesaid.
(9) For the purposes of this section, the expression " authorized officer " means the Chairman of the Board of Directors, or any Director or officer of the Corporation authorized in that behalf by such Chairman.


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