91. In this Act, unless the context otherwise requires- " Ceylon Transport Board" means the Ceylon Transport Board established under this Act; " Commissioner of Labour " includes any Deputy or Assistant Commissioner of Labour; " compensation tribunal " means the compensation tribunal established under this Act; " fares board " means the fares board established under this Act; " hiring car " has the same meaning as in the Motor Traffic Act; "holder", in relation to any stage carriage permit, means a person who is or has been the holder of such permit or, in the case of the insolvency or bankruptcy of any such person as is not a company registered under the Companies Ordinance, the assignee, liquidator or receiver of the estate of the insolvent or bankrupt or, in the case of the winding up of any such person as is a company so registered, the liquidator of such company; "immovable property" means land and includes land covered with water, houses, buildings and parts of houses or buildings; "local authority " means any Municipal Council, Urban Council, Town Council or Village Council; " omnibus " has the same meaning as in the Motor Traffic Act;" person who was interested "-
| (a) in relation to any immovable property vested in or requisitioned for the Ceylon Transport Board, means a person who, immediately before the date on which such property was so vested or requisitioned, had an interest in such property as owner, co-owner, mortgagee, lessee or otherwise, whether absolutely for himself or in trust for any other person; and |
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| (b) in relation to any movable property vested in the Ceylon Transport Board, means any person who, immediately before the date on which such property was so vested, had an interest in such property as owner, co-owner, mortgagee, pledgee, hirer or otherwise, whether absolutely for himself or in trust for any other person; |
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"property requisitioned for the Ceylon Transport Board" means property requisitioned for the Ceylon Transport Board by virtue of a requisitioning Order; and any cognate expression shall be construed accordingly; "property vested in the Ceylon Transport Board" means property vested in the Ceylon Transport Board by virtue of a vesting Order; and any cognate expression shall be construed accordingly; "stage carriage permit" has the same meaning as in the Motor Traffic Act. *" 25
| (1) The following provisions shall apply in any case where an award as to compensation on a reference under the principal Act has been made by a compensation tribunal under that Act (in this section referred to as " the awaid " in respect of any property before 15th May, 1961, but such compensation has not been paid, tendered, or deposited in court for payment, to the persons entitled thereto under the principal Act: -
| | (a) No person shall be entitled to the payment of compensation in respect of such property until the award is reviewed by the tribunal as hereafter provided in this section, and the tribunal on such review confirms the award or makes a fresh award as to compensation in respect of such property. | | |
| | (b) The tribunal shall review the award with a view to determining whether, having regard to the amendments made in the principal Act with retrospective effect by the provisions of Act No. 22 of 1961, the award should be confirmed or a fresh award as to compensation should be made in respect of such property. | | |
| | (c) Where the tribunal determines: -
| | | (i) that the award should be confirmed, it shall confirm the award, and thereupon the award as so confirmed shall be deemed, for the purposes of the principal Act, at all times to have been, and to be, the award as to compensation in respect of such property made on such reference under the principal Act; or |
| (ii) that a fresh award as to compensation should be made in respect of such property, it shall make such a fresh award, and thereupon such fresh award shall be deemed, for the purposes of the principal Act, at all times to have been and to be the award as to compensation in respect of such property made on such reference under the principal Act, and the award shall be deemed, for such purposes, at ail times to have been, and to be, void and of no effect. |
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| | (d) For the purposes of a review of the award, the confirmation of the award, or the making of a fresh award, under the principal Act, read with the preceding provisions of this section, Part IV of the principal Act shall, mutatis mutandis, apply in like manner and to the same extent as it applies in the case of references for an award as to compensation and the making of such awards on such references. | | |
| | (e) For the purposes referred to in paragraph (d), the Minister may, if he deems it necessary so to do, by Order published in the Gazette declare that all or any of the provisions of the aforesaid Part IV shall apply subject to such modifications as may be specified in the Order, and upon the publication of such an Order all or any such provisions as so modified shall apply for such purposes. | | |
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Sri Lanka Consolidated Acts