Prescription (Special Provisions) Bill passed with amendments

ThePrescription (Special Provisions) Bill was passed yesterday in Parliament with amendments. 

The Bill enables special legal provisions to be made in respect of persons who were unable to pursue their rights in court for the recovery of any immovable property including land, due to the activities of a militant terrorist group, which prevailed in Sri Lanka and for matters connected.

Moving the motion the Minister of Justice and Minister of Buddhasasana Wijeyadasa Rajapakshe said: “The Prescription (Special Provisions) Bill was enacted for many reasons. We all know a war was continuing over three decades in our country. 

So, the ownership and the possession of fixed assets became an issue for the rightful owners. Sometimes for certain reasons the owners were unable to go to courts to protect their rights. 

They were unable to seek legal remedy within the stipulated periods provided in our common law, which is the Roman Dutch Law. So, persons could continue to enjoy somebody else’s property for a period of over 10 years believing that the particular property belongs to him and could claim right by possession.”

According to the bill, certain persons have been disadvantaged and were unable to pursue their rights in court for the recovery of any immovable property including land due to the activities of a militant terrorist group. “Even though we see no lapses, Prescription (Special Provisions) Bill will amend the Act No.21 of 1871 which was amended by Act No.2 of 1892 to protect the rights of those who were unable to come forward to protect their immovable property due to the prevailed situation in the country. 

With the conflict ranging over 30 years starting from 1st May 1983 and continuing till 18th May 2009 new laws will provide the rightful owners to reclaim their immovable property,” added Minister Rajapakshe. (AH)