Sri Lanka Consolidated Acts

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Requisitioning and Acquisition of Lorries Law (No. 45 of 1973) - Sect 5

Acquisition of lorries other than lorries requisitioned under this Law

5.
(1) Where the competent authority is satisfied that any lorry other than a lorry requisitioned under this Law is permanently required by the (Government for a public purpose, he may by notice (hereinafter in this Law referred in as a " notice of claim ") published in the Gazette declare that such lorry is required by the Government for a public purpose. Such lorry is hereinafter in this Law referred to as a notified lorry ".
(2) The publication of a notice of claim made under subsection (1) shall be conclusive proof that such notified lorry is required for a public purpose by the Government and shad not be questioned in any court of law.
(3) Where a notice of claim is published under sub section (1) any officer authorized by the competent authority (hereinafter referred to as the '' authorized officer ") may from time to time, by notice (hereinafter in this Law referred to as a " notice of disclaimer ") published in the Gazette, disclaim the need for a public purpose by the Government of the lorry referred to 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 other person, other than the Government-
(a) any lorry specified in a notice of claim and not disclaimed by a notice of disclaimer; or
(b) any rights in respect of such lorry.
(5) The competent authority may -
(a) cause a report to be prepared as to the condition of any notified lorry;
(b) cause a copy of such report to be sent by registered post to the registered owner of the lorry to which the report, relates: and
(c) require such registered owner to notify in writing to the competent authority whether or not he agrees with such report and if he is not in agreement, to specify any objections he may have and the grounds of such objections and to produce all documents relied on by him in support of such objections.
(6)
(a) The competent authority may, by a vesting Order published in the Gazette, vest in the appropriate authority for and on behalf of the Government, with effect from such date as shall be specified in the Order. any such notified lorry as has not been disclaimed by a notice of disclaimer.
(b) Before a vesting Order takes effect, the competent authority may from time to time alter, by Order published in the Gazette, the date on which such vesting Order takes effect.
(c) A vesting Order shall have the effect of giving the Government absolute title to any lorry specified in the Order free from all encumbrances.


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