Sri Lanka Consolidated Acts

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National Housing (Amendment) Act (No. 36 of 1966) - Sect 11

Insertion of new section 49A in the principal Act. [ 5, 42, of 1958.]

11. The following new section is hereby inserted immediately after section 49, and shall have effect as section 49A, of the principal Act:-
49A.
(1) The Minister may, by notification published in the Gazette, declare that it is necessary to acquire for the purposes of this section the premises referred to in any of the following cases :-
(a) where any premises consist of a land on which a building or only part of a building has been constructed and the owner of those premises voluntarily consents in writing to the acquisition of those premises by the Crown;
(b) where any premises consist of a land which belongs to an estate and on which there is a building constructed and occupied by a lessee of that land ; for the purposes of this paragraph, " estate" means any land or group of lands which is wholly or partly cultivated and which is not less than twenty acres in extent and forms a separate and distinct property ;
(c) where any premises-
(d) where any premises consist of a land on which a building or only part of a building has been constructed and which is mortgaged as security for a loan granted from the National Housing Fund and the mortgagor has not complied with any condition or covenant set out in the mortgage bond;
(e) where any premises consist of a land on which there is a building for the construction of which a loan from the National Housing Fund has been granted and such loan or any part thereof has not been repaid by the borrower and such building is mainly used for a purpose which, in the opinion of the Minister, is not that for which it was intended, when the loan was granted, that such building should be used ;
(f) where any premises consist of a land which is mortgaged as security for a loan granted from the National Housing Fund and on which any building or buildings has or have been constructed in the execution of a housing scheme and the mortgagor has not complied with any term or condition subject to which such loan was granted. Cap. 460.
(2) Where a notification under subsection (1) is published in the Gazette, the premises to which such notification relates shall, for the purposes of the Land Acquisition Act, be deemed to be land needed for a public purpose and may be acquired under that Act.
(3) Where any premises referred to in paragraph (c) of subsection (1) are acquired as provided in subsection (2), the Commissioner shall let those premises to the person referred to in that paragraph as the mortgagor, or the transferor, as the case may be, of those premises on such terms as will enable him to become the owner thereof after making a certain number of monthly payments as rent.
(3A) Where any premises referred to in paragraph (f) of subsection (1) are acquired as provided in subsection (2). the Commissioner may let any building constructed on such premises to any person for rent, and the letting may be on such terms as will enable the tenant to become the owner of such building after making a certain number of monthly payments as rent.
(4) Where any premises other than those referred to in subsection (3) or subsection (3A) are acquired as provided in subsection (2), the Commissioner may let such premises to any person for rent for the purpose of residence or for a commercial purpose or partly for the purpose of residence and partly for a commercial purpose, and the letting may be on such terms as will enable the tenant to become the owner of such premises after making a certain number of monthly payments as rent.'.


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