4. Insertion of new sections 3A, 3B, 3C and 3D, in the principal enactment

The following new sections are hereby inserted immediately after section 3 of the principal enactment and shall have effect as sections 3A, 3B, 3C and 3D, of that enactment: -

3A. (1) A power of attorney granted to be used for the purpose of a transaction which falls within the scope of section 2 of the

Prevention of Frauds Ordinance (Chapter 70)

shall be executed subject to the provisions specified in subsection (2) or (3), as the case may be.

If a power of attorney specified in subsection (1) is executed in Sri Lanka, it shall -

be duly attested by a notary public in accordance with the Notaries

contain a description of the land or land parcel as the case may be, with metes and bounds, and the extent, in the case of a land or land parcel;

contain a description of the condominium parcel with other elements by which it can be identified, and a description of the whole land where the condominium parcel cannot be identified in the case of a condominium property;

contain a reference to the volume and the folio in which the land or land parcel or condominium parcel, relating to the transaction is registered in the case of a land or land parcel or condominium parcel with prior registration;

bear the left or right thumb impression of the grantor and where both thumbs of the grantor are missing, the impression of any other finger from either the left or the right hand of the grantor, in addition to his signature and where both his hands are missing, he shall place his toe impression, in the presence of the notary public and the witnesses;

be accompanied with a copy of the bio page of the passport, National

If a power of attorney specified in subsection (1) is executed outside Sri Lanka, it shall -

be duly executed before a person authorized under section 2 of this

contain a description of the land or land parcel as the case may be with metes and bounds and the extent in the case of a land or land parcel;

contain a description of the condominium parcel with other elements by which it can be identified, and a description of the whole land where the condominium parcel cannot be identified in the case of a condominium property;

contain a reference to the volume and folio in which the land or land parcel or condominium parcel relating to the transaction, is registered, in the case of a land or land parcel or condominium parcel with prior registration; and

be accompanied with a copy of the bio page of the passport of the grantor signed by such grantor and a copy of the bio page of the passport, National Identity Card or driving license of the attorney of such power of attorney certified by a notary public.

Every notary public who attests a deed or instrument in terms of the Notaries

examine the relevant volumes and folios in the Registrar General’s department;

be satisfied that the power of attorney has not been revoked or cancelled and shall state such fact in his attestation; and

retain the copies of the National

For the avoidance of doubt, it is declared that it shall be sufficient for the notary public who attests such deed or instrument to examine the relevant volumes and the folios in the