AGRARIAN SERVICES

(1) Where any person is the cultivator of any extent of paddy land let to him under any oral or written agreement then, if he is a citizen of Sri Lanka, he shall, subject to the provisions of this Act, be the tenant cultivator of that extent.

(2) Where two or more persons are the cultivators either jointly or in rotation of any extent of paddy land let to them under any oral or written agreement then, subject to the provisions of this Act, each such person shall, if he is a citizen of Sri Lanka, be a tenant cultivator of that extent for the season or seasons in which he is a cultivator of that extent.

(3) Any person who cultivates an extent of paddy land let to him by any other person who holds that extent under a permit issued under the Land Development Ordinance subject to the condition that the permit holder himself should cultivate that extent, shall be deemed not to be a tenant cultivator within the meaning of this Act.

(1) Every landlord of an extent of paddy land in respect of which there is a tenant cultivator shall, in the prescribed manner within six months of the date of commencement of this Act, furnish the

(2) For the purpose of furnishing the particulars referred to in subsection (1) the landlord shall refer to the Register of Agricultural Lands for the time being in force.

(3) Where a change occurs in any of the particulars referred to subsection (1) such change shall be notified to the Commissioner by the landlord within six weeks of the occurrence of such change.

(4) Any landlord who fails to comply with the requirements of subsection (1) or subsection (2) shall be guilty of an offence under this Act.

(1) The maximum extent of paddy land that could be cultivated by a tenant cultivator shall be five acres.

For the purpose of this section any paddy land cultivated by a spouse or a minor child below eighteen years of age, of a tenant cultivator shall be deemed to be paddy land cultivated by that tenant cultivator.

(2) The Minister may subject to the provisions of subsection (1) by Order published in the Gazette determine the extent of paddy land that may be cultivated by a tenant cultivator in any district to which such order relates:

Provided, however, that where the Commissioner is satisfied after due inquiry that a tenant cultivator is also an owner cultivator of any paddy land of not less than five acres in extent, the Commissioner may declare that such tenant cultivator shall not be entitled to his rights as a tenant cultivator under the provisions of this Act, and accordingly the provisions of subsections (3), (4), (5) and (6) of this section shall apply to such tenant cultivator.

(3) The tenant cultivator shall, if he is in occupation of an extent of paddy land in excess of the extent specified in an Order under subsection (2), subject to the approval of the Commissioner, be entitled to select the extent of paddy land which he is entitled to cultivate, and shall vacate the balance extent on being ordered to do so by the Commissioner.

(4) Where a tenant cultivator fails to comply with the provisions of subsection (3) he shall be evicted from the extent of paddy land in excess of the extent specified in the Order under subsection (2) and the provisions of section 6 shall apply to any such eviction.

(5) On vacation of such extent by the tenant cultivator, the landlord shall, with the approval of the Commissioner-

(6) On failure of the landlord to take action under the provisions of paragraph (a) or paragraph (b) of subsection (5) within the prescribed period, the Commissioner shall be entitled to appoint a suitable person to cultivate that extent of paddy land.

(1) A tenant cultivator of any extent of paddy land shall have the right to occupy and use such extent in accordance with the provisions of this Act and shall not be evicted from such extent notwithstanding anything to the contrary in any oral or written agreement by which such extent has been let to such tenant cultivator, and no person shall interfere in the occupation and use of such extent by the tenant cultivator and the landlord shall not demand or receive from the tenant cultivator any rent in excess of the rent required by this Act to be paid in respect of such extent to the landlord.

(2) Notwithstanding anything in any other law, the tenant cultivator of any extent of paddy land which is purchased by any person under the Partition Law; or which is allocated to a co-owner under a decree for partition shall be deemed to be the tenant cultivator of that extent of paddy land of such purchaser or such co-owner, as the case may be, and the provisions of this Act shall apply accordingly.

(3) Where a tenant cultivator of an extent of paddy land notifies the Commissioner, in writing, that he has been evicted from such extent, the Commissioner shall cause an inquiry to be held by an Inquiry Officer for the purpose of deciding the question whether such person had been evicted.

(4) The notification referred to in subsection (3) shall be made within one year from the date of such eviction :

Provided, however, that where such tenant cultivator has been evicted at any time within two years prior to the date of commencement of this Act such notification shall be made within two years of the date of commencement of the Act.

(5) If at such inquiry it is proved to the satisfaction of the Inquiry Officer that the tenant cultivator had been evicted, it shall be presumed, unless the contrary is proved, that such eviction had been made by or at the instance of the landlord.

(6) The landlord of the extent of the paddy land and the person evicted shall be given an opportunity of being heard in person or through a representative at an inquiry. The decision of the Inquiry Officer after such inquiry shall be communicated in writing to the Commissioner, the landlord and the person evicted. If the landlord or the person evicted is aggrieved by such decision, he may within thirty days of the communication of the decision to him, by petition in writing in which the other person shall be mentioned as respondent, appeal to the Board of Review appointed under Part IVA for the Province in which such extent of paddy land is situated, against that decision on a question of law. A copy of “such petition shall be sent by registered post to the Commissioner at the time of making the appeal. Where no appeal is made from such decision within the time allowed therefor such decision shall be final and conclusive and shall not be called in question in any court or tribunal.

” (7) Where at any inquiry referred to in subsection (3) the Inquiry Officer holds-

(8) Where the landlord of the extent of paddy land fails or refuses to pay, within fourteen days after demand, any sum which he is required to pay as damages under subsection (7), such sum may, on application made by the person evicted to the Magistrate’s Court having jurisdiction over the place where such extent is situate, be recovered in like manner as a fine imposed by such court notwithstanding that such sum may exceed the amount of the fine which that court may in the exercise of its ordinary jurisdiction impose.

(9) Where a person (hereafter in this subsection referred to as the ” lessor”) lets any extent of paddy land to any other person (hereafter in this subsection referred to as the ” lessee “) and the lessee does not become the tenant cultivator of such extent by reason of the fact that he is not the cultivator thereof, then, if the lessee lets such extent to any person (hereafter in this subsection referred to as the ” subtenant”) and the subtenant becomes the tenant cultivator of such extent by reason of his being the cultivator thereof, the subtenant’s right as the tenant cultivator of such extent shall not be affected in any manner by the termination of the lease granted by the lessor to the lessee:

“Provided further, that where any extent of paddy land is let by a lessee to a sub-tenant without obtaining the consent in writing of the owner of such extent-

Provided, further, that where any extent of paddy land is let by a lessee to a subtenant without obtaining the consent in writing of the owner of such extent, the owner shall be entitled to cultivate such extent in accordance with the provisions of subsection (5) of section 4.

(10) The rights of a tenant cultivator of any extent of paddy land shall not be affected in any manner by the sale (whether voluntary or in execution of the decree of a court), the transfer by gift, testamentary disposition or by assignment, or by devolution under the law of inheritance of the right, title and interest of the landlord of such extent.

(11) The rights of a tenant cultivator to occupy and use any extent of paddy land shall not be sequestered, seized or sold in execution of the decree or process of any court.

(11A) Nothing in Chapter LXVI of the Civil Procedure Code inserted in that Code by the Civil Procedure Code (Amendment) Act, No. 79 of 1988, shall be read or construed as empowering a Judge of the Small Claims Court to hold any inquiry or make any Order under the aforesaid Chapter in respect of a dispute affecting paddy land within the meaning of this Act.

(12) If any person directly or indirectly makes use of, or threatens to make use of, force, violence, or restraint or inflicts, or threatens to inflict, any harm, damage or loss upon or against a tenant cultivator of any extent of paddy land in order to induce, compel, or prevail upon, that tenant cultivator to refrain from exercising any right or privilege conferred upon him by or under this Act, such person shall be deemed to interfere in the occupation and use of such extent by that tenant cultivator.

(13) If any person contravenes the provisions of this section he shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees.

(1) Any Viharadhipathi or high priest of a temple, kovil or church or any trustee of a mosque may, within twelve months of the enactment of this section make application to the Commissioner to have an extent of land not exceeding two acres owned by such temple, kovil, church or mosque exempted from the application of section 2 of this Act.

(2) The Commissioner shall hold an inquiry into such application at which the tenant cultivators, if any, of such extent of land shall be afforded an opportunity of making representations. The Commissioner shall thereafter make the decision exempting such extent of land as may be reasonably necessary for the maintenance of the temple, kovil, church or mosque, being an extent not exceeding two acres, from the application of the provisions of section 2. The Commissioner shall also decide the amount of compensation payable to each tenant cultivator by the applicant and the date before which such compensation shall be paid.

(3) Any person aggrieved by the decision of the Commissioner may appeal to the Board of Review against the decision and the Board of Review may affirm or vary the Commissioner’s decision. The decision of the Board of Review on such appeal shall be final and conclusive.

(4) Where no appeal is made to the Board of Review, or an appeal having been made the Board affirms the decision of the Commissioner, the Commissioner shall order the tenant cultivator to vacate the land on or before the date specified in the order.

(5) Where the tenant cultivator fails to vacate the extent of land in compliance with such order, he may be evicted under the provisions of section 6, provided that the Commissioner shall take action to evict such tenant cultivator only after any compensation due to him under this section has been paid in full by the applicant.

(1) An owner of paddy land whose only source of income is the rent paid by his tenant cultivators may within twelve months of the enactment of this section make application to the Commissioner for an exemption from the application of section ‘2 of this Act. For the purpose of this section any paddy land owned by a spouse or a minor child below eighteen years of age of an owner of paddy land shall be deemed to be paddy land owned by such owner.

(2) The Commissioner shall hold an inquiry into such application at which the tenant cultivators of such paddy land shall be afforded an opportunity of making representations. The Commissioner shall, if the requirements of subsection (1) are satisfied. make the decision exempting an extent not exceeding one acre of such land from the application of the provisions of section 2. The Commissioner shall also decide the amount of compensation payable to each tenant cultivator by the applicant and the date before which such compensation shall be paid.

(3) Any person aggrieved by the decision of the Commissioner may appeal to the Board of Review against, the decision, and the Board of Review may affirm or vary the Commissioner’s decision. The decision of the Board of Review on such appeal shall be final and conclusive.

(4) Where no appeal is made to the Board of Review or an appeal having been made, ‘he Board of Review affirms the decision of the Commissioner, the Commissioner shall order the tenant cultivator or tenant cultivators to vacate the land on or before the date specified in the order.

(5) Where any tenant cultivator fails to vacate the extent of land in compliance with such order he may be evicted under the pro visions of section 6, provided that the Com missioner shall take action to evict such tenant cultivator only after any compensation due to him under this section has been paid in full by the applicant.

(1) Where any person who has been ordered under this Act by the Commissioner to vacate any extent of agricultural land fails to comply with such order, the Commissioner or any person authorized in that behalf by the Commissioner may present to the Magistrate’s Court within whose local jurisdiction such extent wholly or mainly lies a written report-

(2) Where a written report is presented to a Magistrate’s Court under subsection (1), such court shall direct the Fiscal or peace officer to evict forthwith the person specified in such report and all other persons in occupation of the extent of agricultural land specified in the order to deliver possession of such extent to the person mentioned in such report as the person to whom delivery of possession of such extent should be made.

(3) The Fiscal or peace officer entrusted with the execution of the order of eviction shall comply with the directions of the Magistrate’s Court by which such order was made and shall make a due return of the manner in which he executed such order.

(4) In executing an order of eviction the Fiscal or the peace officer or any person authorized by either of them may use such force as may be necessary to enter the extent of agricultural land to which the order relates and evict any person bound by the order and to deliver possession of such extent in accordance with the directions of the Magistrate’s Court which issued the order.

(5) Any person who unlawfully dispossesses a tenant cultivator who has been placed in possession of an extent of paddy land by the Fiscal under subsection (3) shall be guilty of an offence under this Act.

(6) Upon conviction for an offence under subsection (5) the Magistrate shall direct the Fiscal to place the tenant cultivator who has been unlawfully dispossessed from such extent, in possession of such extent by evicting any person in occupation of such extent.

(1) Where a tenant cultivator of any extent of paddy land, other than a tenant cultivator who cultivates such extent either jointly or in rotation with any other tenant cultivator, dies, his rights under this Act in respect of such extent shall devolve on the surviving spouse of such tenant cultivator and failing such spouse on only one of the children of such tenant cultivator, the eldest being preferred to the others where there are more children than one, provided that ;he successor to the deceased tenant cultivator’s rights is a person who is not permanently employed and whose main occupation is cultivation of paddy.

(2) Where a tenant cultivator of any extent of paddy land who cultivates such extent jointly or in rotation with any other tenant cultivator or cultivators, dies his right in respect of such extent in his capacity as such tenant cultivator shall devolve on such other tenant cultivator or cultivators.

(1) Where, On the death of a tenant cultivator of any extent of paddy land, there is a dispute as to the person on whom the rights of such tenant cultivator under this Act devolves, such dispute shall be referred by the parties to such dispute cultivator- for determination to the Commissioner within whose jurisdiction the extent of land in respect of which such dispute has arisen is wholly or mainly situated. The determination of the Commissioner on such dispute shall be communicated to the parties to such dispute.

(2) Where the parties to such dispute are aggrieved by the determination made under subsection (1) such parties may, within thirty days of the communication of such determination to them, appeal to the Court of Appeal against that determination on a question of law.

(1) If the Commissioner is satisfied after such inquiry as he may deem necessary that the rights of a tenant cultivator under this Act have devolved on a minor, he may, notwithstanding anything in any other law, appoint a fit and proper person to be the curator of that minor for the purpose of enabling the minor to exercise his rights and to discharge his duties under this Act.

(2) A curator appointed under subsection (1) may be removed from office by the Commissioner if he is satisfied after inquiry that such curator has failed to perform his obligations or has been guilty of action or conduct adverse or prejudicial to the interests of the minor, or that the curator is unfit to continue to hold office or for any other sufficient cause.

(3) A curator appointed under subsection (1) shall, in respect of the extent of paddy land belonging to the minor whose curator he is, have and exercise all the rights and be subject to all the liabilities of a curator appointed by a court of competent jurisdiction.

(4) A person appointed under subsection (1) as the curator of a minor shall cease to hold office upon the appointment by any court of competent jurisdiction of any other person as curator of that minor.

(1) A tenant cultivator of any extent of paddy land, after giving written notice of his intention so to do to the landlord of such extent and to the Cultivation Officer within whose local jurisdiction such extent wholly or mainly lies, may-

(2) A tenant cultivator of any extent of paddy land may, with the written sanction of the Commissioner given after such inquiry and on such terms as he may deem necessary, transfer his rights in respect of such extent to his landlord if such landlord is also the owner of such extent. Such transfer shall be in accordance with the succeeding provisions of this subsection-

(3) Any transfer by the tenant cultivator in violation of the provisions of subsection (1) or (2) shall be null and void and shall render the person in occupation of such extent to be evicted in accordance with the provisions of section 6 and on such eviction the provisions of subsection (5) of section 4 shall apply.

(1) Where the landlord of an extent of paddy land in respect of which there is a ” tenant cultivator intends to sell such extent, he shall, in the first instance, communicate in writing his intention and the price at which he intends to sell such extent, to the tenant cultivator. A copy of such communication shall be sent by the landlord by registered post to the Agrarian Services Committee within whose area of authority such extent of paddy land is situate.

(2) If the tenant cultivator is willing to purchase such extent of paddy land at the price nominated by the landlord, he shall indicate his willingness to the Agrarian Ser vices Committee which shall fix a period within which the transfer is to be completed.

(3) If the tenant cultivator is willing to purchase such extent of paddy land but states that the price nominated by the landlord is excessive, the Agrarian Services Committee may, in consultation with the landlord, determine a price which in its opinion is reasonable and fix a period within which the transfer is to be completed.

(4) Where the tenant cultivator is net willing to purchase such extent of paddy land or is not willing to purchase it at the price determined by the Agrarian Services Committee, or where such tenant cultivator having agreed to purchase such extent at the price nominated by the landlord or determined by the Agrarian Services Committee as the case may be does not complete the transfer within the period fixed therefor, the Agrarian Services Committee shall issue a certificate to that effect and thereupon the landlord may proceed to sell such extent to any other person,

(5) Any transfer by the owner of an extent of paddy land in contravention of the provisions of this section shall be null and void and shall render the person in occupation of such extent liable to be evicted in accordance with the provisions of section 6 section (3) of section 4 shall apply.

(a) if the landlord of such extent is also the owner of such extent, he may, after giving within two months after the death of such tenant cultivator written notice that he desires to be the owner cultivator of such extent to the Commissioner, occupy and use such extent as owner cultivator; or

(b) if the landlord of such extent is not the owner of such extent, and the landlord and the owner of such extent fail to give, within the time allowed therefor, the written notice referred to in paragraph (a), the Commissioner shall appoint any suitable person to be the tenant cultivator of such extent.

(1) Where a tenant cultivator of any extent of paddy land dies, no person who is not entitled under this Act to the rights of such tenant cultivator in respect of such extent shall occupy and use such extent.

(2) Where any extent of paddy land is occupied and used by any person in contravention of subsection (1), the Commissioner shall in writing order such person to vacate such extent on or before such date as shall be specified in such order. If such person fails to comply with such order he shall be evicted from such extent in accordance with the provisions of section 6.

(1) Where there is no tenant cultivator in respect of an extent of paddy land and such extent is not cultivated for two or more successive seasons, the Commissioner may, subject to the provisions of subsection (2), appoint the cultivator of any extent of paddy land which in the opinion of the Commissioner is an uneconomic extent, to be the tenant cultivator of the first-mentioned extent.

(2) No appointment under subsection (1) shall be made by the Commissioner in respect of any extent of paddy land unless-

(3) Where any such extent of paddy land as is mentioned first in subsection (1) is occupied and used by any person at the time a tenant cultivator is appointed under that subsection the Commissioner shall in writing order such person to vacate such extent thereof on or before such date as shall be specified in such order and if such person fails to comply with such order he shall be evicted from such extent in accordance with the provisions of section 6.

(1) Where the landlord of any extent of paddy land informs the Commissioner in writing with a copy thereof to the tenant cultivator of that extent that the tenant cultivator of that extent has wilfully neglected to cultivate such extent with any crop during any paddy cultivation season in which cultivation was possible, the Commissioner may cause an inquiry to be held by an Inquiry Officer and if after such inquiry the Inquiry Officer holds that the tenant cultivator has wilfully neglected to cultivate such extent with any crop, such tenant cultivator shall be liable to pay the landlord rent for such extent for such season as provided for in subsection (8) of section 17,

(2) Where a landlord of an extent of paddy land informs the Commissioner in writing with a copy thereof to the tenant cultivator that, such tenant cultivator has wilfully neglected to cultivate that extent during two or more consecutive seasons when it was possible to cultivate such land, the Commissioner shall cause an inquiry to be held by an Inquiry Officer and if after such inquiry the Inquiry Officer holds that the tenant cultivator has so neglected to cultivate that extent for two or more consecutive seasons, the Commissioner shall order such tenant cultivator to vacate such extent and if the tenant cultivator fails to comply with that order he shall be evicted from such extent in accordance with section 6. The provisions of subsection (5) of section 4 shall apply alter such vacation or eviction.

(3) Where a landlord of an extent of paddy land informs the Commissioner in writing with a copy thereof to the tenant cultivator that such tenant cultivator has so neglected the cultivation of that extent during two or more cultivation seasons that its yield has fallen below the average for comparable extents in the district, the Commissioner shall cause an inquiry to be held by an Inquiry Officer and if, after such inquiry the Inquiry Officer holds that the tenant cultivator has so neglected the cultivation of that extent, the Commissioner shall order such tenant cultivator to vacate such extent and if the tenant cultivator fails to comply with the order he shall be evicted from that extent in accordance with section 6. The provisions of subsection (5) of section 4 shall apply after such vacation or eviction.

(4) Where the Viharadhipathi or high priest of a temple, kovil or church or the Diyawadana Nilame of the Dalada Maligawa. Basnayake Nilames and Trustees of Devalayas and Temples or the trustee of a mosque informs the Commissioner in writing with a copy thereof to the tenant cultivator that such tenant cultivator of an extent of paddy land belonging to such temple, kovil, church, Dalada Maligawa, Devalayas and Temples or mosque has failed to perform such service as he is required to perform for the benefit of the temple, kovil, church, Dalada Maligawa, Devalayas, and Temples, or mosque, or to pay in lieu of such services to such temple, kovil, church, Dalada Maligawa, Devalayas and Temples, or mosque such reasonable amount as shall be determined by the Commissioner, in exchange for the use of such paddy land, the Commissioner shall cause an inquiry to be held by an Inquiry Officer and if after such inquiry the Inquiry Officer holds that the tenant cultivator has failed to perform such services or to pay the amount in lieu of services the Commissioner shall, notwithstanding’ anything in any other law. order such tenant cultivator to vacate such extent and if the tenant cultivator fails to comply with that order, he shall be evicted from that extent in accordance with section 6 notwithstanding anything in any other law. The provisions of subsection (5) of section 4 shall apply after such vacation or eviction.

(1) The Commissioner shall, by notification published in the Gazette, determine from time to time in accordance with the provisions of this section, the rent to be paid by the tenant cultivator of any extent of paddy land.

(2) A determination under subsection (1) shall, specify, in respect of any extent of paddy land in any region to which such determination applies, a portion not exceeding one quarter of the total yield of the paddy from that extent reduced by the amount of any charge which may be imposed under this Act, as the rent payable for that extent for each paddy cultivation season.

(3) The rent determined under subsection (1) may vary in respect of different administrative districts or in respect of different parts of an administrative district.

(4) Where the rent determined under subsection (1) is computed on the basis of a specified number of bushels of paddy for each cultivated acre, the rent for any cultivated area of less than one acre shall be computed in the proportion that such area bears to one acre.

(5) The rent payable for any extent of paddy land shall, for each paddy cultivation season, consist, of-

(6) Where the Commissioner is satisfied that the tenant cultivator of any extent of paddy land has willfully neglected the cultivation of such extent during any paddy cultivation season in which cultivation was possible or has, without reasonable cause, committed dining any paddy cultivation season a breach of any established custom relating to cultivation, the Commissioner may order that the rent for such season payable in paddy under the provisions of this Act in respect of such extent shall be computed on the basis specified by the Commissioner and according to the rent in paddy so computed the rent in money shall be computed.

(7) Where the cultivation of the extent of paddy land of a tenant cultivator is a partial failure during any paddy cultivation season for any cause other than his fault or neglect, the rent payable by him for such season in respect of such extent shall be reduced by such reasonable amount as shall be determined by the Commissioner.

(8) Where any dispute arises between the tenant cultivator of any extent of paddy land and his landlord as to the amount of the rent payable in respect of such extent under the determination made under subsection (1), such dispute may he referred for decision to the Commissioner, I he decision of the Commissioner on such dispute shall be communicated in writing to such tenant cultivator and to his landlord and such decision on any such dispute shall be final and conclusive-

(1) Where the landlord informs the Commissioner that the tenant cultivator is in arrears of rent in respect of an extent of paddy land, the Commissioner shall cause an inquiry to be held by an Inquiry Officer and where the Inquiry Officer holds that the rent is in arrears and communicates his decision to the Commissioner, the Commissioner shall give notice in writing to the tenant cultivator that his tenancy in respect of such extent would be terminated if he fails to pay such arrears within the time specified in such notice.

(2) A tenant cultivator who fails to pay the arrears of rent within the time specified therefor shall be deemed to have forfeited his tenancy and shall vacate such extent on being ordered to do so by the Commissioner.

(3) If the tenant cultivator fails to vacate such extent within the time specified in the order the Commissioner shall cause such tenant cultivator to be evicted from such extent in accordance with the provisions of section 6.

(4) When the tenancy rights of a tenant cultivator have been terminated in accordance with the provisions of this section the owner or his authorized agent shall with the approval of the Commissioner-

(5) On failure of the landlord to take action under the provisions of paragraph (a) or paragraph (b) of subsection (4) within the prescribed period the Commissioner may appoint a suitable person as a tenant cultivator of such extent.

(1) It shall be the duty of the tenant cultivator of any extent of paddy land to give to his landlord and to the Cultivation Officer within whose local jurisdiction such extent wholly or mainly lies

(2) Any tenant cultivator who fails to comply with the provisions of paragraph (a) or (b) of subsection (1) shall be guilty of an offence under this Act.

(1) The rent in respect of any extent of paddy land shall be paid by the tenant cultivator of such extent to the landlord of such extent or to his authorized agent either directly or through the Agrarian Services Committee, where such landlord fails or refuses to accept such rent.

(2) Where there are two or more landlords of an extent of paddy land, they shall appoint a person for the purpose of collecting the rent from the tenant cultivator of such extent, and shall in writing notify the name and address of the person appointed for such purpose to the Agrarian Services Committee within whose local jurisdiction such extent wholly or mainly lies, and, if no such appointment is made, such rent shall be paid, directly or through such Committee to the person, if any, who customarily collects such rent for such landlords.

(3) If there is no person entitled to collect such rent or if there is any dispute as to the proportion in which such rent should be paid to each landlord, or as to the person to whom such rent should be paid, such rent computed in money in accordance with the provisions of this Act shall be paid by such tenant cultivator to such Committee, and such Committee shall pay such amount less any expenses incurred by such Committee in handling such rent, to the District Court within whose local jurisdiction such extent wholly or mainly lies, to be drawn by the person or persons entitled thereto.

(4) Where the amount referred to in subsection (3) is not drawn by the person or persons entitled thereto within one year after the date on which such sum was paid to such court, such court shall cause such sum to be paid into the Agrarian Services Fund and no person thereafter shall be entitled to demand or receive such amount.

(1) Where the tenant cultivator of any extent of paddy land instead of paying the rent for such extent directly to the landlord of such extent or to his authorized agent pays it to the Agrarian Services Committee within whose local jurisdiction such extent wholly or mainly lies, such Committee shall-

(2) Where the rent for any extent of paddy land is paid in paddy to the Agrarian Services Committee, and such rent is not claimed by the person entitled thereto within thirty days after the date of the notice sent to him under subsection (!), such Committee may cause the paddy to be sold and shall cause the proceeds of the sale to be transmitted to such person.

(3) Where any sum of money transmitted (otherwise than by money order or postal order) to any person under this section by the Agrarian Services Committee is not claimed by such person within one year after the date on which such sum was transmitted, such sum shall be paid into the Agrarian Services Fund by such Committee, and no person thereafter shall be entitled to demand or receive such sum or the rent which such sum represents,

(1) The person entitled to collect rent in respect of any extent of paddy land shall, on receiving the rent, issue to the person by whom the rent is paid a receipt Specifying-

(2) The person entitled to collect the rent under subsection (1) .shall if lie fails to comply with that subsection be guilty of an offence under this Act.

(1) Where any sum is due from the tenant cultivator of any extent of paddy land to his landlord as rent in arrears or interest on such rent or both, the landlord may make a written application for an order under this section, and the Commissioner shall cause an inquiry into such application to be held by an Inquiry Officer and if the Inquiry Officer holds that any such sum is due from the tenant cultivator to the landlord, the Commissioner shall make order for the payment of such sum in paddy or cash or both paddy and cash in such manner and within such period as may be specified in the order; and

(2) If such tenant cultivator fails to comply wilt the order referred to in subsection (1), such sum may be recovered upon application being made by the landlord lo the Magistrate’s Court having jurisdiction over the place where the land in respect of which the rent is due is situated in like manner as a fine imposed by such court notwithstanding that such sum may exceed the amount of the fine which that court may in the exercise of its ordinary jurisdiction impose, and any sum so recovered shall be paid by such court to the applicant landlord.

(3) For the purposes of subsection (2) a certificate by the Commissioner that such sum is due to the landlord shall be conclusive proof that such sum is due.

(1) The owner cultivator or occupier of any agricultural land may obtain a loan from a prescribed bank in respect of such land for any agricultural activity, by creating a mortgage or charge on such land or on any other immovable properly which he owns or in which he has an interest, by the execution in duplicate of an instrument substantially in the prescribed form, or on such terms and conditions as may be determined by the prescribed bank without the execution of such instrument.

(2) Any instrument referred to in subsection (1) shall only be chargeable with a stamp duty equal to one-fifth of the duty chargeable under Schedule A to the Stamps Ordinance* for a bond or mortgage of a like nature. Such duty shall be paid on the duplicate of the instrument and the original or counterpart of such instrument shall be exempt from stamp duty, if any. [* See also the Stamp Duty Act, No. 43 of 1982]

(3) Every prescribed bank-

(4) Any instrument referred to in subsection (1), may be signed in the presence of and the execution of such instrument may be attested by the Manager of the branch or office of the prescribed bank granting the loan or any person holding any prescribed office in such bank and at least one other witness; and where such instrument is so signed and attested, nothing in section 2 of the Prevention of Frauds Ordinance shall apply thereto.

(5) Any instrument referred to in subsection (1) may be registered under the Registration of Documents Ordinance as an instrument affecting land. Default of payment. 28. Where default is made in the payment of any sum of money on any loan granted to an owner cultivator or occupier of agricultural land by a prescribed bank under the provisions of this Part or under the corresponding provisions of the Agricultural Lands Law, No. 42 of 1973,+ whether that sum is due on account of principal or interest or of both, default shall be deemed to be made in respect of the whole of the unpaid portion of that loan and the interest due thereon. [+ Repealed by this Act]

(1) Where under the provisions of this Part, default is made, or deemed to be made, in respect of any loan granted on a mortage or charge on any agriculture land and the interest due thereon, the prescribed bank may notify the Magistrate’s Court, that the owner cultivator or occupier of such agricultural land is in default of the sum of money specified in such notice.

(2) The notice referred to in subsection (1) shall be filed of record in the Magistrate’s Court having jurisdiction over the place where such extent of agricultural land is situate and such sum, if any, as is found to be due shall be recovered in like manner as a fine imposed by such court notwithstanding that such sum may exceed the amount of the fine which that court may in the exercise of its ordinary jurisdiction impose.

(3) For the purpose of subsection (2) a certificate under the hand of an officer authorized in that behalf by the prescribed bank to the effect that the sum specified therein is due to such bank from the defaulter named in the certificate shall be prima facie proof that such sum is due to such bank from such defaulter.

(4) Where the defaulter is a tenant cultivator and the prescribed bank reports to the Commissioner that it is impracticable or inexpedient to recover the said sum in default in the manner provided for in subsection (2) the Commissioner on being satisfied that such sum cannot be recovered in the manner provided for, may suspend the tenancy rights of such defaulter until such money is paid to the prescribed bank.

(5) All proceedings instituted in any court under subsection (2) shall have priority over all the other businesses of that court and shall in any event be disposed of within six months of the institution of the proceedings by the prescribed bank.”.

(1) Notwithstanding anything to the contrary in any law for the time being’ in force, any charge or mortgage created or any land or interest therein in favour of E prescribed bank in respect of any loan granted to any owner cultivator or occupancy of an agricultural land by a prescribed bank shall have priority over any other charge 01 mortgage that may have been created over such land or interest therein in favour of any person prior to the date on which the charge or mortgage was created in favour of the prescribed bank.

(2) any debt due or payable to a prescribed bank by any owner or occupier of agricultural land shall be a first charge upon-

where the loan granted by the prescribed bank has been utilized in whose or in part by the owner or occupier of the agricultural land for the raising of such crops or agricultural produce or for the purchase of such cattle, fodder for cattle or agricultural implements, as the case may be.

(3) The first charge referred to in subsection (2) may be enforced by the prescribed bank by seizure and sale of the property which forms the subject of the first charge.

(1) Without prejudice to the generality of the provisions of section 33, the owner cultivator of any agricultural land shall-

as are specified in this Act or under any regulations made thereunder.

(2) The owner cultivator or occupier of any agricultural land shall, in addition to such other duties as the Commissioner may in his discretion specify, ensure that-

(3) The owner cultivator or occupier of any agricultural land shall take the necessary steps to ensure that all his duties and obligations arising from the need for common management of land with other owner cultivators or occupiers over a given area, tract or group of agricultural holdings are properly discharged. Such duties may involve any one or all of the following:-

(4) An owner cultivator or occupier who fails to fulfill the obligations placed on him under subsections (1), (2) or (3) shall be guilty of an offence under this Act.

(1) Where the Commissioner is satisfied that any agricultural land is not being cultivated in accordance with the provisions of this Act, the Commissioner may, after giving the owner cultivator or occupier of such agricultural land an opportunity of making representations to him or his authorized representative, by Order (hereinafter referred to as a ” Supervision Order”) place the owner cultivator or occupier under the Commissioner’s supervision for such period as may be specified in such Order.

(2) Every Supervision Order shall be sent by registered post to the person to whom it relates:

Provided, however, that where there are several owner cultivators or occupiers of such land and the addresses of such owner cultivators or occupiers cannot be ascertained, the exhibition of such Order in a conspicuous place in or upon the land shall be deemed to be service of the Order on all the owner cultivators and occupiers thereof.

(3) While a Supervision Order is in force any person authorized by the Commissioner in that behalf may-

(4) A Supervision Order issued under subsection (1) may be revoked by the Commissioner if he is satisfied that the owner cultivator or occupier of the agricultural land is cultivating such land in accordance with the provisions of this Act:

Provided that the revocation of such Order shall not affect the carrying out of any direction given before the revocation of the Order.

(5) Where a Supervision Order is revoked, notice of such revocation shall be served in the same manner as the Supervision Order was served.

(1) Where the Commissioner is satisfied that the cultivation of the extent of land to which the Supervision Order relates does not show satisfactory improvement within the period specified in such Order the Commissioner shall issue an Order of Dispossession, dispossessing the owner or occupier of his right to cultivate the land in respect of which such Order is made and to the crop from such land for such period as shall be specified in such Order.

(2) The provisions of subsection (2) of section 35 shall apply to the service of the Order of Dispossession made under subsection (t) of this section.

(3) Any person aggrieved by an order of dispossession as aforesaid may appeal to the Secretary to the Ministry of the Minister against such order within thirty days of the date of the order appealed against. The Secretary may, upon such appeal confirm or set aside such order and shall communicate his derision to the Commissioner and to the appellant.

The decision of the Secretary shall be final and conclusive and shall not be questioned in any court or tribunal.”.

(1) Where no appeal is made against the order of dispossession, upon the expiry of thirty days from the date of that order or where an appeal is made against an order of dispossession, upon the confirmation of such, order, the person on whom the order is served shall, within the period specified in the order, vacate the land referred to in the order and deliver possession of such land to the Agrarian Services Committee within whose area of authority such land is situate.

(2) Where an Agrarian Services Committee comes into possession of any land under the provisions of subsection (1) the Committee may for the purpose of ensuring the efficient cultivation of such land with the approval of the Commissioner:-

Provided, however, that where the occupier of such land is also its owner, such land shall not be handed back to the owner except on payment by him of all expenses incurred on, and improvements effected to, such land by such Committee or by any person to whom such land has been given for cultivation under this subsection.

(1) Where the Commissioner is satisfied that any agricultural land is not being cultivated due to the existence of any dispute relating to such land he may, after giving the owner cultivator or occupier of such agricultural land an opportunity of making re presentations to him, by order, require the person on whom the order is served to vacate the land referred to in the order and to deliver possession of such land to the Commissioner or his authorized representative within the period specified in the order.

(2) The provisions of subsection (2) of section 35 shall apply to the service of the order under this section.

(3) Where any person on whom an order under this section is served fails to vacate the land within the period specified in the order, the Commissioner shall evict such per son under the provisions of section 6.

(4) The Commissioner shall cause such land to be cultivated by the appropriate Agrarian Services Committee or any other person in accordance with any directions that may be given by him until the dispute relating to such land is settled or determined.

(5) The income from such land during the period it is cultivated under the provisions of this section shall be appropriated in such manner as may be directed by the Commissioner having regard to the need to increase agricultural production.

(1) There may be appointed for the purposes of this Act, a Commissioner of Agrarian Services, in this Act referred to as the Commissioner.

(2) There may be appointed such number of Deputy Commissioners and Assistant Commissioners of Agrarian Services, Divisional Officers of Agrarian Services and other officers as may be necessary for the purpose of this Act.

(3) Every Deputy Commissioner may exercise all or any of the powers of the Commissioner under this Act.

(4) Every Assistant Commissioner may exercise all or any of the powers of the Commissioner under this Act within the area to which such Assistant Commissioner is appointed.

(5) Every Deputy Commissioner, every Assistant Commissioner and every Divisional Officer of Agrarian Services shall, in the exercise of the powers and the performance of his duties under this Act, be subject to the direction and control of the Commissioner.

(1) The Commissioner shall in the prescribed manner cause to be made the necessary arrangements for the issue of identity cards to owner cultivators or occupiers of agricultural lands and for the revision of such cards.

(2) In the issue of identity cards reference shall be made inter alia to the last certified Agricultural Lands Register and entries maintained in such identity cards under the provisions of this section shall be prima facie evidence of the matters stated therein.

(1) The Commissioner or any other person generally or specially authorized by him in that behalf may summon a meeting of the owner cultivators and occupiers of agricultural land within such area as may be determined by him for the purpose of making rules relating to-

(2) Where any meeting is to be held under the provisions of this section the Commissioner or any other person generally or specially authorized by him in that behalf shall cause notice being the longest notice which in his opinion is reasonable in the circumstances to be given of the time and place of the meeting and its objects.

(3) The notice referred to in subsection (2) shall be given by exhibiting written notices in suitable places within the area or tract within which such meeting is to be held and in such other manner as may appear adequate for giving publicity thereto.

(4) The Commissioner or any other person generally or specially authorized by him in that behalf and referred to by name or by office (hereinafter referred to as the ” presiding officer”) shall preside at every meeting held under the provisions of this section.

(5) A meeting convened under the provisions or this section shall not be deemed to be validly constituted unless there are present owner cultivators or occupiers representing, one fourth or twenty five of the total number of owner cultivators and occupiers of agricultural land referred to in subsection (1). If such quorum be not present at two consecutive meetings, the presiding officer shall adjourn the second meeting and fix a date for the third meeting. Such third meeting shall, for all purposes, be deemed to be a validly constituted meeting notwithstanding the absence of a quorum.

(6) Any rule made at a meeting under the provisions of this section shall be adopted by those present at the meeting and shall thereafter be binding on the owner cultivators and occupiers.

(7) If at any meeting held under the provisions of this section any question arises as to the right of any person to vote the presiding officer may then and there decide the question and his decision shall be entered in the minutes and shall be final and conclusive.

(8) Full minutes shall be made of the proceedings of every such meeting and shall be signed by the presiding officer and shall be conclusive evidence of the contents thereof.

(9) Any owner cultivator or occupier of agricultural land who contravenes any of the decisions made in accordance with the provisions of this section shall be guilty of an offence.

(10)

(11) The Yaya Representative shall, subject to the control and direction of the Commissioner, have the power to direct any owner or occupier of agricultural land to take such steps as the Year Representative may deem necessary for the discharge of the collective responsibilities of such owner cultivators or occupiers in regard to irrigation and cultivation practices and in respect of the protection of minor irrigation works and the conservation of water supplied therefrom.

(1) There may be appointed such number of Inquiry Officers as may be necessary for the purposes of this Act.

(2) Where the Commissioner is required by any provision of this Act to cause an inquiry to be held by an Inquiry Office, the Commissioner shall refer such matter to an Inquiry Officer. The reference shall be accompanied by a statement prepared by the Commissioner setting out the question which, to his knowledge has to be decided. knowledge has to be decided.

(3) The Inquiry officer shall make all such inquiries and have all such evidence as he may consider necessary to decide such matter. He shall communicate his decision in writing to the Commissioner and the parties concerned.

(4) Regulations may be made regarding the procedure to be observed in the conduct of an inquiry and subject to any such regulations an Inquiry Officer may regulate the procedure to be observed in the conduct of the inquiry.

(5) An Inquiry Officer shall have all the powers of the Commissioner referred to in section 65.

(6) If any person upon whom a summons has been issued by an Inquiry Officer”

such person shall be guilty of an offence under this Act.

(1) There shall be appointed for the purposes of this Act, in respect of each Province a Panel of not more than twelve persons from which Boards of Review shall be constituted for the purpose of exercising, within such Province, the powers conferred on a Board of Review by this Act.

(2) Where a member of a Panel vacates office by reason of death, resignation, removal from office, absence abroad or ill ness, another person shall be appointed in his place.

(3) Every person appointed to a Panel shall, unless he earlier vacates his office, hold office for three years:

Provided that-

(4) A person vacating office by effluxion of time shall be eligible for reappointment.

(5) One of the members of a Panel shall be appointed as the Chairman of the Panel.

(6) For the purpose of constituting a Board of Review, the Chairman of a Panel shall select from the Panel three or more persons. The Chairman may select himself as a member constituting the Board of Review.

(7) Where the Chairman of a Panel is a member of a Board of Review constituted under this section then he, or where he is not a member of the Board, then such member of the Board as may be nominated by such Chairman, shall be the President of the Board.

(8) There shall be appointed to each Board of “Review a Secretary.

(9) The Secretary of the Board of Review shall in respect of every appeal heard by the Board, keep a record of all such proceedings before the Board as relate to that appeal.

(10) A Board of Review may examine any witness on oath if it thinks fit so to do, and may summon any person to appear before it or to produce any documents which may be relevant in the opinion of the Board.

(11) The documents, notices or summons issued under the hand of the Chairman of a Board of Review or the Secretary of a Board of Review shall be deemed to have been issued by that Board of Review.

(12) If any person upon whom a summons issued or deemed to have been issued by a Board of Review, has been served-

he shall be guilty of an offence and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(13) Regulations may be made in regard to the procedure to be followed at meetings of a Board of Review.

(14) A Board of Review may, on any appeal made under this Act to such Board confirm or vary the determination or decision from which such appeal is made and the decision of such Board shall be final and conclusive and shall not be called in question in any Court.

(1) There shall be an Agrarian Services Committee and an Agrarian Services Centre for such area as may be determined by the Commissioner.

(2) Every Agrarian Services Committee shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(3)

(4) The term of office of a member of an Agrarian Services Committee shall be three years, but a member who ceases to hold office by effluxion of time shall be eligible for reappointment.

(5) Any member of an Agrarian Services Committee may resign office by letter addressed to the Commissioner.

(6) Where a member of an Agrarian Services Committee is temporarily unable to discharge the duties of his office on account of ill health, absence from Sri Lanka or any other cause, the Commissioner may appoint some other person to act as a member in his place.

(7) If the Commissioner is satisfied that any member of an Agrarian Services Committee-

the Commissioner may terminate his appointment and appoint another member to such Committee :

Provided however, that a member appointed in place of a member who is removed from, or otherwise vacates office, shall hold office for the unexpired period of the term of office of the member whom he succeeds unless the member so appointed is earlier removed from, or otherwise vacates, office.”.

(8) The members of an Agrarian Services Committee shall annually elect a member from among themselves to preside at meetings of the Committee.

(9) No act or proceeding of an Agrarian Services Committee shall be deemed to be invalid by reason only of the existence of any vacancy among its members.

(10) Subject to the other provisions of this Act, an Agrarian Services Committee shall have the power to fix and regulate its own procedure including the power to determine the number of members necessary to form a quorum.

(11) The Commissioner may, at any time he considers it expedient or necessary so to do, convene and preside at a meeting of an Agrarian Services Committee.

(1) Every Agrarian Services Committee shall in the prescribed manner prepare, revise and maintain a register of agricultural lands within the area of authority of such Committee :

Provided, however, that the first register in respect of the agricultural lands lying within the area of authority of each such Committee shall be prepared and certified by the Commissioner.

(2) There shall be specified in such register the name and extent of each agricultural land, the name of the landlord and tenant cultivator or owner cultivator, as the case may be, and such other particulars as may be required by the Commissioner.

(2A)

(3) Any entry in the register which has been prepared or revised under the provisions of this section and which is for the time being in force shall be admissible in evidence and shall be prima facie evidence of the facts stated therein.

(4) Regulations may be made in respect of the procedure to be followed in the preparation and revision of the register referred to in subsection (1).

(1) Every Agrarian Services Committee shall, in accordance with the directions of the Commissioner, cause a survey to be made of the agricultural land in its area of authority and maintain the records pertaining to such land.

(2) The Agrarian Services Committee may recover from the landlords or occupiers at agricultural land the proportionate cost of surveying such land and maintaining; the record.

(1) Every Agrarian Services Committee shall within its area of authority co-ordinate the agricultural activities and implement the agricultural policies of the Government and shall be subject to the control and direction of the Commissioner.

(2) Without prejudice to the generality of the provisions of subsection (1) an Agrarian Services Committee shall have power-

(2A) The following shall be exempt from the payment of the acreage levy imposed under paragraph (b) of subsection (2) :

(2B) Where any land or any interest in any land is required by any Agrarian Services Committee for a common threshing floor or an agricultural road, the land or interest in land may be acquired under the Land Acquisition Act by the Government for such Committee and the provisions of that Act shall apply for the purpose of the acquisition of that land or interest in land.

(3) Every such Committee shall in the exercise of its powers and the performance of its duties he subject to the general directions of the Commissioner or of such delegated authority as may be prescribed.

(3A) An Agrarian Services Committee may, by notice in writing, require any owner cultivator or occupier of, or other person having any interest in, any agricultural land within its area of authority to furnish on or before any date specified in the notice such particulars as to the extent of land he possesses, the nature of cultivation carried on by him and such other matters as may be mentioned in such notice and which are required for the implementation of this Act,

(4) It shall be the duty of the Secretary of each Agrarian Services Committee to maintain the accounts of such Committee in such form and manner as the Commissioner may, with the concurrence of the Secretary to the Ministry of the Minister in charge of the subject of Finance, from time to time, direct. Such accounts shall be audited annually by the Auditor-General.

(1) Article 154 of the Constitution shall apply to the auditor of the accounts of every Agrarian Services Committee as if such Committee were a Public Corporation within the meaning of the Constitution.

(2) The Auditor-General shall disallow every item of the accounts which, in his opinion is irregular or unlawful and recommend that the Commissioner surcharge the same on the officer or employee of such Committee making or effecting such payment, and that the Commissioner charge against any officer or employee any sum which ought to have been, but is not, brought into account by such officer or employee. The Commissioner shall thereupon certify the amount due from such person.

(3) Before certifying any such surcharge or disallowance the Commissioner shall notify such person of the proposed surcharge or disallowance and afford such person an opportunity to make representations or to be heard against such surcharge or disallowance. The Commissioner shall thereupon in form such person of his decision together with his reasons.

(4) Where a surcharge or disallowance against any person has been certified by the Commissioner such certificate shall be conclusive proof of the matters stated therein.

(5) Any person aggrieved by any surcharge or disallowance may, within thirty days of the date on which the decision of the Commissioner is communicated to him, appeal against the decision to the Secretary to the Ministry of the Minister with a copy of the appeal to the Commissioner, and it shall be lawful for such Secretary upon any such appeal to decide the question at issue according to the merits of the case.

(6) The Secretary to the Ministry of the Minister may, by order, direct the recovery from the person making such appeal the whole or any portion of the amount surcharged or disallowed if he thinks that there are grounds therefor, and if he finds that the surcharge or disallowance has been law fully made but in the particular circumstance of the case it is fair and equitable that the surcharge or disallowance be remitted, he may. by order, direct that the same shall be remitted but that the amount of costs and expanses which may have been incurred by the Commissioner in the enforcing of such surcharge or disallowance or such portion of it as may be determined by the Secretary shall be recovered from, such person.

(7) Upon receipt of a certificate of surcharge or disallowance or the order of the Secretary on any appeal, the Commissioner shall, by notice sent by registered post, re quire such person to pay the sum set out in the certificate on or before the date specified in such notice, being a date not less than three months from the date of the decision of the Commissioner.

(8) Where any person fails “with the requirements of a notice under section (7) the Commission shall certificate containing particulars of the amount due and the name and the last known place of residence of such person to the Magistrate’s Court having jurisdiction over such place of residence and such Court shall recover such amount in like manner as a fine imposed by such Court.

(9) Every sum paid or recovered under this section, other than a sum paid or recovered as costs and expenses incurred in the enforcement of any disallowance or surcharge shall be credited to the Agrarian Services Fund.

(1) An Agrarian Services Committee may by notice in writing direct every owner or occupier of agricultural land liable to pay acreage levy to such Committee or an person who has failed to repay any loan granted by such Committee to pay such levy or repay such loan, as the case may be, within such period as shall be specified in such notice.

(2) Where an Agrarian Services Committee is satisfied after due inquiry that a person to whom a written notice has been given under subsection (1) has failed to pay the amount specified in such notice within the time allowed therefor. such amount shall, on application by an officer authorized in that behalf by such Committee being made to the Magistrate’s Court having jurisdiction over the place where the extent of agricultural land in respect of which the levy is payable or which is owned or occupied by the person in default is situated, be recovered in like manner as a fine imposed by such Court.

(3) For the purposes of subsection (2) a certificate under the hand of the officer authorized in that behalf by the Committee to the effect that the sum specified therein is due to the Committee from the person named in the certificate shall be conclusive proof that such sum is due to the Committee from such person.

(1) An Agrarian Services Committee may appoint such servants or agents as it deems fit for the exercise of its powers and the discharge of its duties.

(2) All servants and agents appointed by any Agricultural Productivity Committee established under the Agricultural Productivity Law, No. 2 of 1972,* shall cease to hold office from the date of the constitution under this Act of an Agrarian Services Committee in its place. [* Repealed by this Act]

(3) All such servants and agents specified in subsection (2) shall be paid out of the Agrarian Services Fund established under this Act, and a sum of money not exceeding five hundred rupees or three months’ salary, whichever is greater, shall be paid to each such servant or agent, provided that such servant or agent has returned such books and documents as were in his custody, belonging to the Agricultural Productivity Committee in which he held office, and is not employed by an Agrarian Services Committee.

(a) any stamp duty chargeable under any written law in respect of any instrument executed by or on behalf of, or in favour of, an Agrarian Services Committee or in respect of any document filed in a court, in cases where but for the exemption granted by this section the Agrarian Services Committee would be liable to pay the duty chargeable in respect of such instrument or document, and

(b) any fees payable under the law for the time being in force relating to the registration of documents.

(1) There may be appointed by name or by office, such number as may be of Cultivation Officers as may be necessary for the purpose of this Act, and the officers so appointed shall be subject to the general control and direction of the Commissioner.

(2) Every Cultivation Officer within the area of his authority-

(3) Where any act is committed or any omission made by any person within the area of authority of any Cultivation Officer contrary to any established custom or any rule relating to irrigation or cultivation whereby damage may be caused to the owner cultivator or occupier of agricultural land within that area of authority the Cultivation Officer shall, if the act or omission be of such a nature as to call for prompt action to prevent damage, take such steps and incur such expenditure as may be necessary in the circumstances and shall forthwith make a report on the steps taken and expenditure incurred, if any, to the Commissioner within whose area of authority such act or omission has occurred.

(4) Any person in consequence of whose act or omission any expenditure was incurred shall be liable to pay such sum as was incurred to the Commissioner, and where such person fails to pay such sum the Commissioner may on his being satisfied after an inquiry at which such person is given the opportunity of being heard that such expenditure was properly incurred, sign a certificate setting out the name of the person in consequence of whose act or omission such expenditure was incurred, the amount Thereof. the nature of the act or omission and the name of the officer by whom the expenditure was incurred and cause such certificate to be delivered to such person,

(5) Where any person to whom a certificate referred to in subsection (4J has been delivered fails to pay the amount due from him within ten days from the delivery to him of the certificate, the Commissioner may proceed to recover such amount by filing a certificate in the Magistrate’s Court within whose Jurisdiction the land In respect of which the amount recoverable lies, to the effect that the sum mentioned in the certificate is due from the person mentioned therein and such sum shall be recovered from such person in like manner as a fine imposed by such court.

(6) For the purposes of subsection (5) a certificate issued under the band of the Commissioner shall be conclusive proof that the amount referred to therein is due from the person mentioned in the certificate.

(1) Every person who-

shall be guilty of an offence under this Act.

(2) Every person who without lawful cause resists, or obstructs the Commissioner or any person authorized in that behalf by the Commissioner in the lawful discharge of any duty imposed upon him by this Act shall be guilty of an offence.

(3) Every person who fails, without lawful excuse, to comply with any direction or order given or made under this Act by the Commissioner or an Agrarian Services Committee, or who furnishes or produces for the purpose of this Act, any information or document which, to his knowledge, is false or incorrect in whole or in part shall be guilty of an offence.

(1) There may be established one or more Farmers’ Organizations of owner cultivators and occupiers of agricultural land in each area determined by the Commissioner for that purpose.

(2) Each Farmers’ Organization shall consist of at least twenty five owner cultivators or occupiers or one fourth of the total number of owner cultivators and occupiers of agricultural land in such area.

(3) The Commissioner may register any Farmers’ Organization if an application in that behalf is made to him by the Organization.

Provided that the Commissioner may register a Farmers’ Organization in any area under a major irrigation scheme with the concurrence of the Secretary to the Ministry of the Minister incharge of the subject of Irrigation.

(4) The purposes of any Farmers’ Organization registered under this section shall include-

(5) Regulations may be made in respect of the election of office bearers of Farmers’ Organizations registered under this section the procedure for the transaction of business by such organization power of such to be maintained by such organizations and the audit of such accounts by the Commissioner or an officer authorized by him in that behalf.

(1) Notwithstanding anything in section 56A, the Commissioner may, upon application made in that behalf by any Farmers’ Organization in any area, on being satisfied such Farmers’ Organization has-

register such Organization under this section :

Provided that the Commissioner may register a Farmers’ Organization in any area under a major irrigation scheme with the concurrence of the Secretary to the Ministry of the .Minister in charge of the subject of Irrigation.

(2) From and after the date of registration of a Farmers’ Organization under subsection (1), such Organization shall be a body corporate with perpetual succession and a common seal and may sue and be sued by the name by which it is registered.

(3) The Commissioner shall publish a notification in the gazette of every registration of Farmers’ Organization made under this section.

(4) The purpose of every farmers’ Organization registered under this section shall be the purpose specified in subsection (4) of section 56A.

(5) Regulations may be made in respect of the election of office bearers of Farmers Organizations registered under this section, procedure for transaction of business by such organizations, powers of such organization accounts to be maintained by such organization and the audit of such accounts by the Commissioner or an officer authorized by him in that behalf.

(6) The Commissioner may, by notification published in the Gazette, cancel the registration of any Farmers’ Organization registered under this section if he is satisfied that the Farmers’ Organization has been inactive for a period of two years or has so conducted itself that it is in the public interest to cancel its registration under this section.

(7) The commissioner shall, where he cancels the registration of a Farmers Organization under this Act appoint a person to be the liquidator of the Corporation who shall have the power to-

(8) In the liquidation of the corporation its funds shall be applied first to the cost of liquidation and then to the discharge of its liabilities. Any surplus remaining after the closure of the liquidation shall be credited to the Agrarian Services Fund established under section 60.

(1) Where a complaint is made to Interference with the Commissioner by any owner cultivator or occupier of agricultural land that any person is interfering with or attempting to interfere with the cultivation rights of such owner cultivator or occupier, the Commissioner may, if he is satisfied that such interference or attempted interference will result in damage or loss of crop or livestock, issue an order on such person, cultivator or occupier requiring him to comply with such direction as may be necessary for the protection of such rights and specified in such order:

Provided, however, that the order issued under subsection (1) shall not prejudice the right, title or interest of such person, cultivator or occupier to such land, crop or livestock in respect of which such order is made.

For the purpose of this section the expression cultivation rights includes the right of threshing paddy, access to the paddy field and the right of disposed of agricultural produce.

(2) For the purpose of ensuring compliance with the provisions of subsection (1) the Commissioner may seek the assistance of a peace officer within whose area of authority such agricultural land in respect of which such order is made lies, and it shall be the duty of such peace officer to render such assistance and the peace officer may for such purpose use such force as may be necessary to ensure compliance of such order.

(3) An order under subsection fl) shall be binding on the persons m respect of whom it is made until set aside by a Court of competent jurisdiction.

(4) Any person who fails to comply with an order under subsection (1) shall be guilty of an offence under this Act.

(1) There shall be established a fund to be known as the Agrarian Services Fund.

(2) There shall be paid into the Fund-

(3) The moneys of such Fund may be utilized to give financial assistance to Agrarian Services Committees for the maintenance and repair of their buildings, vehicles and equipment, purchase of furniture, training, publicity. research, surveys, loan schemes, provision of transport facilities for officers and generally, for the administration and development of Agrarian Services Committees and for the improvement and development of agricultural productivity in Sri Lanka. The Commissioner shall be responsible for the administration of the Fund.

(4) The accounts of the Fund shall be maintained in such form and shall contain such particulars as the Commissioner may, with the concurrence of the Minister, from time to time specify.

(5) The accounts of the Fund for each financial year shall be audited by the Auditor-General.

(6) The financial year of the fund shall be the period of twelve months commencing on the first day of January each year.

(1) Except with the written permission of the Commissioner given under such conditions as he may deem necessary no person shall use an extent of paddy land for any purpose other than cultivation in accordance with the provisions of subsection (2).

The Commissioner may at any time withdraw such permission by notice served on such person having regard to the need to increase agricultural production.

(2) An extent of paddy land may be cultivated-

(3) Where an extent of paddy land is cultivated under the provisions of paragraph (A) or paragraph (c) of subsection (2) the rent payable by the cultivator to the landlord shall be such rent as may be prescribed, and the provisions of section 21 shall apply accordingly.

(4) If any extent of paddy land-

that person or that cultivator, as the case may be, shall be guilty of an offence, and shall on conviction after trial before a Magistrate be liable to a fine not exceeding twenty-five thousand rupees and in default of payment of the fine, to imprisonment of either description for a term not exceeding three months, and where such offence is continued after Conviction that person or that cultivator, as the case may be shall be liable to a fine one hundred rupees for each day in respect of which such offence is continued after conviction.

(5) In any prosecution of a person for an offence under this section, the burden of proving that he had obtained the permission of the Commissioner for doing the act which constitutes the offence shall be on such person.

(6)

(1) No person shall fill any extent of paddy land except with the written permission of the Commissioner. Any person who acts in contravention of the foregoing provision commits an offence.

(2) Where the Commissioner is informed that any person is acting in contravention of subsection (1) the Commissioner may make an application in writing in the form set out in the Schedule to this Act to the Magistrate’s Court within whose local jurisdiction such extent or any part thereof is situated-

and praying for the issue of an order restraining him or his agents or servants from acting in contravention of the provision of subsection (1) aforesaid.

(3)Every application under this section shall be supported by an affidavit verifying to the matters set forth in the application.

(4) Upon receipt of the application the Magistrate shall forthwith issue summons on the person named in the application to appear and show cause on the date specified in such summons (being a date not later than two weeks from the date of issue of such summons) why he or his servants or agents should not be restrained as prayed for the application.

(5) If on the date specified in the summons the person to whom such summons has been issued fails to appear or informs the Court that he has no cause to show against the issuing of such order the Court shall forthwith issue an order as prayed for in the application.

(6) If the person on whom summons has been issued duly appears in Court and States that he has cause to show against issuing such order the Magistrate’s Court may proceed forthwith or may set the case for inquiry on a later date.

(7) The Magistrate’s Court shall not be competent to call for any evidence from the Commissioner to support the application.

(8) If after the inquiry the Magistrate is not satisfied that the person showing cause has lawful authority to fill the extent of paddy land he shall make order restraining such person, or his servants and agents from doing any act in contravention of this section.

(9) Where any person is convicted for an offence under subsection (1) of this section the Court may make order that any implements, instruments, machinery or vehicles used in or in connection with the commission of the offence shall be forfeited to the State. The provisions of subsection (6) of section 62 shall, mutatis mutandis, apply to such forfeiture.

(1) Where on the date of operation of this Act there is any appeal pending before Board of Review in terms of the provisions of section 53 of the Agricultural Lands Law, No. 42 of 1973, such appeal Agricultural shall be heard and concluded by an officer specially appointed for the purpose.

(2) Where an officer appointed under subsection (1), vacates his office by reason of death, resignation, removal from office, absence abroad or illness, there shall be appointed a person to succeed him for the balance period of his term of office.

(3) An officer appointed under the provisions of subsection (1) shall, unless he vacates office, hold office for a period of two years:

Provided that-

(4) An officer vacating office by effluxion of time shall be eligible for reappointment.

(5) Every officer so appointed shall in respect of every appeal heard by him keep a record of all such proceedings as relates to that appeal.

(6) An officer may examine any witness on oath or if he thinks fit so to do may summon any person to appear before him or to produce any document which may in his opinion be relevant.

(7) If any person upon whom a summons has been issued-

(8) An officer may on any appeal made under this section, confirm or vary the determination or decision from which such appeal is made, and the decision of such officer on such appeal shall be final.

(a) to summon and compel the attendance of witnesses;

(b) to compel the production of documents; and

(c) to administer any oath or affirmation to witnesses.

(1) The Minister may make regulations in respect of all matters which are stated or required by this Act to be prescribed or for which regulations are required by this Act to be made.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or upon such later date as may be specified in the regulation.

(3) Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Every regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything previously done thereunder. Notification of the date on which any regulation is deemed to be rescinded shall be published in the Gazette.

(1) The Agricultural Productivity Law, No. 2 of 1972, and the Agricultural Lands Law, No 42 of 1973, are hereby repealed.

(2) Notwithstanding the repeal of the aforesaid Laws-

(i) the growing of rice, field crops, spices and condiments, industrial crops, vegetables, fruits, flowers, pasture and fodder;

(ii) dairy farming, livestock rearing and breeding;

(iii) plant and fruit nurseries ;

(iv) bee-keeping and inland fisheries.

(a) two or more of the operations of ploughing, sowing and reaping; and

(b) the operation of tending or watching the crop in each season during which paddy is cultivated on such extent;

(a) any tank, bund, anicut, ela, channel, distributory, field channel or watercourse comprised in or incidental or ancillary to the irrigation work;

(b) any structure, road, bridge, sluice, gate or other engineering work comprised in, or incidental or ancillary to the construction or maintenance of the irrigation work;

(c) any structure, bund, sluice or other engineering work erected for the purpose of draining any cultivated area or of preventing or regulating the flow of salt water into or out of any such area or of protecting such area from floods;