Common Amenities Board (Amendment) Act 2003 · As enacted
12. Insertion of new sections 10A, 10B and 10C in the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The following new sections are hereby inserted immediately after section 10 of the principal enactment and shall have effect as sections 10A, 10B and 10C of that enactment :—
“Acquisition of immovable property under the Land
Acquisition
Act.
10A.
to be made
Where any immovable property of the State is required for any purpose of the
Authority, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the Crown Lands Ordinance, and accordingly the provisions of that Ordinance shall apply to a special grant or lease of such property of the
Authority.
Authority.
Where any movable property of the
State is required for any purpose of the
Authority, the Minister may, by Order published in the Gazette, transfer to, and vest in the
Authority the possession and use of such movable property :
Provided, however, no Order affecting any movable property of the State shall be made by the Minister under the preceding provisions of this subsection, without the concurrence of the
Minister having control over such property.
No Order affecting any movable property of any government department or public corporation shall be made by the Minister under subsection (2) without the consent of the
Minister to whom such department or public corporation has been assigned.
10B.
property for
Notwithstanding anything to the contrary in this Law; or any other Law, the
Minister may, by notification published in the
Gazette, declare that it is necessary to acquire for the purposes of carrying out any condominium re-development project, any of the Condominium Property or any part or any of the condominium parcel or Semi
Condominium Property referred to in any of the following cases :—
Acquisition of
Condominium condominium development
“State property both movable and immovable available to the project.
where any sub-divided building shown in a Condominium Plan or Semi
Condominium Plan has been resolved to be destroyed by the resolution of the owners of the condominium parcels, in accordance with section 20Q of the
Apartment Ownership Law, No. 11 of 1973; or
where any subdivided building shown in a Condominium Plan or Semi
Condominium Plan is damaged but is not totally destroyed and the management corporation or the owners have neglected or failed to restore the damaged portion of the subdivided building as accordance with section 20R of the Apartment Ownership Law, No.
11 of 1973; or
where any sub-divided building shown in a Condominium Plan or Semi
Condominium Plan, and constructed at least forty (40) years prior to the declaration ; or
where the maintenance of a subdivided building and its common elements shown in a Condominium Plan or Semi
Condominium Plan, has been neglected by the majority of the owners of the condominium parcels or the management corporation, thereby causing a nuisance to the neighbours or a threat to the environment.
Where a notification under subsection (1) is published in the Gazette, the
Condominium Property or Semi Condominium
Property to which such notification relates shall, for the purposes of the Land Acquisition Act, be deemed to be a land required for a public purpose and may be acquired under that Act.
10C. (1) The Authority may, with the approval of the Minister, dispose by way of sale, lease, rent or rent purchase any land, flat, house or other living accommodation held by the Authority, subject to such terms and conditions as may be determined by the Minister and specified in the instrument of disposition, and in particular, but without prejudice to the generality of the foregoing provisions of this section, a condition to the effect that the disposition effected by such instrument may be cancelled or determined in the event of a failure to comply with any other condition specified in such instrument or in the event of any money due to the Authority under such instrument remaining unpaid for any such period as may be specified therein.
Nothing in the Crown Lands Ordinance shall affect or be deemed or construed to affect the disposition of any State land held by the
Authority for any of the purposes of the
Authority.”.