Act of Parliament · As enacted
Registration of Documents (Amendment) Act 2024
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
This Act may be cited as the Registration of
Documents (Amendment) Act, No. 18 of 2024.
The provisions of this Act, other than the provisions of this section, shall come into operation on such date as the Minister may appoint by Order published in the
Gazette (in this Act referred to as the “appointed date”).
The provisions of this section shall come into operation on the date on which the Bill becomes an Act of
Parliament.
s 2Amendment of section 8 of Chapter 117
Section 8 of the Registration of Documents
Ordinance (Chapter 117) (in this Act referred to as the
“principal enactment”) is hereby amended in the proviso to paragraph (b) of that section, by the addition immediately after subparagraph (xi) of that proviso, of the following new subparagraph: -
“(xii) any agreement in relation to a transaction which is subject to the provisions of the Secured
Transactions Act, No. 17 of 2024.”.
s 3Repeal of Chapter IV of the principal enactment
Chapter IV of the principal enactment (sections 16
to 24 both inclusive) is hereby repealed.
s 4Replacement of the heading of Chapter V of the principal enactment
The heading of Chapter V of the principal enactment is hereby repealed and the following heading is substituted therefor: -
Act, No. 18 of 2024
“CHAPTER V
PROVISIONS APPLICABLE TO INSTRUMENTS AFFECTING LAND’’
s 5Amendment of section 25 of the principal enactment
Section 25 of the principal enactment is hereby amended by the substitution for the words “an instrument affecting land or a pledge, mortgage or bill of sale.”, of the words “an instrument affecting land.”.
s 6Amendment of section 29 of the principal enactment
Section 29 of the principal enactment is hereby amended as follows:-
in subsection (1) of that section, by the substitution for the words “which affects land or movable property”, of the words “which affects land”; and
by the repeal of the marginal note to that section and the substitution therefor, of the following marginal note: -
s 7Amendment of section 41 of the principal enactment
Section 41 of the principal enactment is hereby amended by the substitution for the words “instruments affecting land and pledges, mortgages or bills of sale registered by him”, of the words “instruments affecting land registered by him”.
s 8Amendment of the First Schedule to the principal enactment
The First Schedule to the principal enactment is hereby amended in Part III of that Schedule, by the substitution in item 2 thereof, for the words and figures “any book or index kept under Chapters III, IV, V, VI, for each transaction” of the words and figures “any book or index kept under Chapter III, V or VI for each transaction”.
“Land situated in several districts.”.
Act, No. 18 of 2024
Where, on the appointed date, an instrument creating-
a pledge, mortgage or bill of sale of movable property; or
an interest in a fixture of any immovable property; or
an assignment of a right to payment under a mortgage, charge or lease of any immovable property where the assignment does not convey or transfer the assignor’s interest in the immovable property, which has been registered under Chapter IV of the principal enactment, is in force, such pledge, mortgage or bill of sale of movable property or such interest in a fixture of immovable property or such assignment of a right to payment under a mortgage, charge or lease of immovable property shall, for a period of two years from the appointed date, continue to be enforceable, but shall be required to be registered under the relevant provisions of the Secured Transactions Act,
No. 17 of 2024 as a pledge, mortgage or bill of sale of movable property, or an interest in a fixture of immovable property or an assignment of a right to payment under a mortgage, charge or lease of immovable property prior to the expiration of such period of two years.
An instrument referred to in subsection (1) shall, on being registered under the Secured Transactions
Act, No. 17 of 2024, be deemed to have been perfected from the date on which such instrument initially became legally enforceable, and the priority which such instrument became entitled to at the time it initially became legally enforceable, shall continue to prevail.
Act, No. 18 of 2024
An instrument referred to in subsection (1) which is not registered under the Secured Transactions
Act, No. 17 of 2024 prior to the expiration of two years from the appointed date, shall become legally unenforceable after the expiration of such period.
s 10Sinhala text to prevail in case of inconsistency
In the event of any inconsistency between the
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
Act, No. 18 of 2024