Sri Lanka Consolidated Acts

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Paddy Marketing Board Act (No. 14 of 1971) - Sect 33

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

33.
(1) Any officer of the Board or any public officer authorized by the Minister may, by notice (hereafter in this Act referred to as a " notice of claim ") published in the Gazette declare that any movable or immovable property, other than money, which had been, or is being or is or was intended to be, used for-
(a) the purchase, sale, supply or distribution, hulling, milling or processing of paddy and rice;
(b) the carrying on of such other business as may be incidental or conducive to the purposes referred to in paragraph (a).
(2) When a notice of claim is published under subsection (1) any property contained in or found on such notified property shall be deemed to have been included in the notice of claim.
(3) The publication of a notice of claim made under sub-section (1) in respect of any property shall be conclusive proof that such property is required for the purposes of the Board and shall not be questioned in any Court.
(4) Where a notice of claim is published under subsection (1), any officer of the Board authorized by the Minister may from time to time, by notice (hereafter in this Act referred to as a " notice of disclaimer ") published in the Gazette, disclaim the need, for the purposes of the Board, of the whole or any part of the property included in the notice of claim and specified in the notice of disclaimer.
(5) No person shall lease, hypothecate, alienate, transfer or dispose of in any manner whatsoever to any person other than the Board the whole or any part of-
(a) any property which is included in a notice of claim and is not disclaimed by a notice of disclaimer; or
(b) any right or interest in respect of or incidental to the property specified in paragraph (a).
(6) Any lease, hypothecation, alienation, transfer or disposal made or effected in contravention of the provisions of sub-section (5) shall be null and void.
(7) Any person shall, if requested by any officer authorized by the Minister, 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.
(8) Any person who- shall be guilty of an offence under this Act.
(a) leases, hypothecates, transfers or disposes of any notified property in contravention of sub-section (5); or
(b) wilfully fails to furnish the information referred to in sub-section (7), or who wilfully withholds all or any part of such information, or who furnishes information knowing such information to be false; 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 alters the character or causes such removal, change or alteration of any notified property,
(9) Regulations may be made under this Act-
(a) empowering any person authorized in that behalf by the Board 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 Board;
(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 Board 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 Board; and
(f) providing for all matters connected with or incidental to the matters aforesaid.


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