Sri Lanka Consolidated Acts

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Tea And Rubber Estates (Control Of Fragmentation) Act (No. 2 of 1958) - Sect 3

Transfer of ownership of a tea or rubber estate to be null and void in certain circumstances

3.
(1) The transfer of ownership of a tea or rubber estate on or after the appointed day shall, subject to the provisions of subsections (2) and (3), be null and void unless-
(a) a certificate of consent of the Board to such transfer has been previously obtained by the transferor, and
(b) such transfer is effected in accordance with the conditions, if any, subject to which such consent has been granted.
(2) Where not less than ten per centum of the consideration for the transfer of ownership of a tea or rubber estate has passed before the appointed day, and such transfer is effected or is to be effected on or after the appointed day, then, if the parties to such transfer notify in writing to the Land Commissioner on or before the fifteenth day after the enactment of this Act-
(a) a description of such estate specifying its name, boundaries, extent and situation,
(b) the name and address of the person who is or is to be the transferor or the name and address of each of the persons who are or are to be the transferors,
(c) the name and address of the person who is or is to be the transferee or the name and address of each of the persons who are or are to be the transferees,
(d) the consideration for such transfer,
(e) the portion of such consideration that has passed and the date on which such portion so passed, and
(f) whether such transfer has been or is to be effected,
(3) A transfer of ownership of a tea or rubber estate effected on or after the appointed day shall not be null and void by reason only of the absence of prior consent of the Board to such transfer if a certificate of exemption is issued under subsection (2) by the Land Commissioner in respect of such transfer.
(4) Where a certificate of consent to the transfer of ownership of a tea or rubber estate is issued by the Board, such certificate shall be attached to the deed by which such transfer is effected, and the notary attesting such deed shall in his attestation state that such certificate has been issued in respect of such transfer and specify the number, if any, and the date of issue of such certificate.
(5) A notary Who attests a deed effecting a transfer of ownership of a tea or rubber estate on or after the appointed day shall deliver or transmit a copy of such deed to the Secretary of the Board on or before the fifteenth day of the month next succeeding that in which such deed is attested by him or, if the said fifteenth day is before the date of enactment of this Act, on or before the fifteenth day after the date of enactment of this Act.


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