Agricultural Lands Law

(1) Where any person is the cultivator of any extent of paddy land let to him under any oral or written agreement made before or after the coming into operation of this Law in the Administrative District in which that extent wholly or mainly lies, then, If he is a citizen of Sri Lanka, he shall, subject to the provisions of this Law, 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 made before or after the coming into operation of this Law in the Administrative District in which that extent wholly or mainly lies, then, subject to the provisions of this Law, 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.

(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 Law and shall not be evicted from such extent not with, standing 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 Law 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 Act or which is allocated to a co-owner under a decree for partition shall be deemed to be the tenant cultivator of such purchaser or of such co-owner, as the case may be, and the provisions of this Law shall apply accordingly.

(3) Where a tenant cultivator of any extent of paddy land notifies the Agricultural Tribunal (hereinafter referred to as the ” Tribunal”) within whose area of authority such extent lies that he has been evicted from such extent, such Tribunal may hold an inquiry for the purpose of deciding the question whether or not 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.

(5) If at such inquiry it is proved to the satisfaction, of the Tribunal that such person 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 of such extent.

(6) The landlord of such extent and the person evicted shall be given an opportunity of being heard in person or through a. representative at such inquiry. The decision of the Tribunal on such question shall be communicated in writing to such, landlord and the person evicted. If such landlord or the person evicted is aggrieved by such decision, he may, within, thirty days of the communication of such decision to him, by written petition in which the other person is mentioned as respondent, appeal to the Supreme Court against that decision on a question of law.

(7) The decision of the Supreme Court on an appeal under subsection (6) shall be final and conclusive and shall not be questioned in any court of law.

(8) Where, in the case referred to in subsection (3), the Tribunal decides-

(9) Where the landlord of an 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 (8), to any person, such sum may, on application made by such person 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.

(10) Where a person (hereafter in this subsection referred to as the lessor) lets any extent or 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 a cultivator thereof, the subtenant’s rights as the tenant cultivation of such extent shall not be affected in any manner by the termination of the lease granted by the lessor to the lessee.

(11) 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 otherwise, the assignment or disposal otherwise, or the devolution under the law of inheritance of the right, title and interest of the landlord of such extent.

(12) 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.

(13) If any person contravenes the provisions of this section he shall be guilty of an offence and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees, and, in default of payment of a fine to imprisonment of either description for a term not exceeding one month.

(14) For the purposes of this section. if any person directly or indirectly makes use of, or threatens to make use of, any 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 or under this Law, such person shall be deemed to interfere in the occupation and use of such extent by that tenant cultivator.

(1) Where any person who has been ordered under this Law by the Tribunal to vacate any extent of paddy land and to deliver possession thereof to any specified person fails to comply with such order, the Tribunal or any person authorized in that behalf by the Tribunal may present to the Magistrate’s Court within, whose local jurisdiction such extent wholly or mainly lies a written report specifying the nature of such order and the person to whom it was issued, describing the extent of land to which such order relates, stating that such person has failed as required by such order to vacate or to vacate and deliver possession of such extent, praying for an order to evict such person and all other persons in occupation of such extent from such extent, and mentioning the person, to whom delivery of. possession of such extent should be made.

(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 land specified in the order and 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 paddy land to which the order 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.

(1) 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, may nominate a citizen of Sri Lanka as successor who shall be entitled to succeed to such tenant cultivator’s rights under this Law in respect of such extent upon the death of such tenant cultivator.

(2) Any nomination of a successor may at any time be cancelled by the tenant cultivator who made such nomination and a fresh nomination of a successor may be made by such tenant cultivator.

(3) The nomination of a successor and. the cancellation of any such nomination shall be effected by a tenant cultivator-

(4) No stamp duty shall be charged or levied on the execution of a document specified in subsection (3) (a).

(5) A document specified in subsection (3) (a) shall not be deemed to be an instrument affecting land for the purposes of the Registration of Documents Ordinance, nor shall the provisions of Chapter II of that Ordinance apply to any person before whom any such document is executed.

(6) A document specified in subsection (3) (a) shall not be valid unless and until it has been registered by the Registrar of Lands of the district in which the land to which that document refers is situated.

(7) After the registration of a document specified in subsection (3) (a) whereby a person is nominated as successor to a tenant cultivator’s rights under this Law in respect of any extent of paddy land, a document specified in that subsection whereby any other person is nominated as successor to such rights shall not be registered unless the nomination effected by the registered document has been duly cancelled by the registration of a document of cancellation. In one and the same document a registered nomination may be cancelled and some other nomination in lieu thereof may be made, and, in that event, the document in which such cancellation and nomination are combined may be registered and shall upon due registration operate both as a cancellation of the previously registered nomination and as a nomination of a new nominee.

(8) Regulations may be made prescribing the procedure for the registration of a document specified in subsection (3) (a) and for all matters connected therewith or incidental thereto, including the registers which shall be kept and the fees which shall be charged for such registration.

(9) Any person shall on payment of the prescribed fee be entitled to inspect at the office of the Registrar of Lands any register kept by him for the purpose of subsection (6).

(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 and he has not nominated a successor under section 6 or the successor nominated by him under that section is dead, his rights under this Law in respect of such extent shall, subject to the provisions of subsection (2) of this section, devolve on the surviving spouse of such tenant cultivator and. failing such spouse, on one only of the relatives of such tenant cultivator in the order in which they are mentioned in the Schedule to this Law, the oldest being preferred to the others where there are more relatives than two in any group, and the older being preferred to the other where there are only two relatives in any group. In this subsection, “relative” means a relative by blood and not by marriage.

(2) Where the person on whom the rights of a deceased tenant cultivator of any extent of paddy land devolve under subsection (1) is not accustomed to cultivate paddy, the Cultivation Committee within whose local jurisdiction such extent wholly or mainly lies shall select such one of the relatives of the deceased in the order in which they are mentioned in the Schedule to this Law as is so accustomed and shall appoint the person, so selected as the successor to such rights, and thereupon such rights shall be deemed to devolve on the person so appointed and not on the first-mentioned person.

(3) Where a person is appointed under subsection (2) as the successor to the rights of a deceased tenant cultivator of any extent of paddy land and consequently such rights do not devolve on the surviving spouse of the deceased, the successor 80 appointed shall pay such spouse an amount in money or kind, equivalent in value to one quarter of the gross average annual income (excluding rent) from, such extent computed for the three years immediately preceding the date of death of the deceased. Such amount and manner of its payment shall he determined by the Cultivation Committee within whose local jurisdiction such extent wholly or mainly lies.

(4) 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 rights in respect of such extent in his capacity as such tenant cultivator shall devolve on such other tenant cultivator or cultivators and such rights shall be exercised by such tenant cultivator or cultivators in such manner as the Cultivation Committee may direct.

(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 Law devolves, such dispute shall be referred by the parties to such dispute for determination to the Tribunal within whose jurisdiction the extent of land in respect of which such dispute has arisen is wholly or mainly situated. The determination of the Tribunal 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 Supreme Court against that determination, on a question of law.

(3) The decision of the Supreme Court on an appeal under subsection (2) shall be final and conclusive and shall not be questioned in any court of law.

(1) If the Tribunal is satisfied after such inquiry as may deem necessary that the rights of a tenant cultivator under this Law have devolved on a minor, it 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 Law.

(2) A curator appointed under subsection (1) may be removed, from, office by the Tribunal if it 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 curate 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 Committee 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 Tribunal given after such inquiries as it may deem necessary, cede his rights in respect of such extent to his landlord if such landlord is also the owner of such extent. Any cession of such rights made without the written sanction of the Tribunal shall be null and void.

(3) Notwithstanding anything in the preceding provisions of this section, where, in respect of any extent of paddy land, there is a registered nomination of a successor made by the tenant cultivator of such extent, a transfer or a cession under this section of the rights of such tenant cultivator shall not be valid unless and until such nomination is duly cancelled and such cancellation is duly registered.

(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 Agricultural Productivity Committee and to the Cultivation Committee within whose local jurisdiction such extent wholly or mainly lies, occupy and use such extent as owner cultivator; or

(b) if the landlord of such extent is not the owner of such extent, or if the landlord and the owner of such extent fails to give; within the time allowed therefor, the written notice referred to in paragraph (a), the Agricultural Productivity Committee shall, in consultation with such Cultivation Committee, appoint any suitable person to be the tenant cultivator of such extent and upon such appointment the appointee shall, subject to the provisions of this Law, 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 Law 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 Agricultural Productivity Committee within whose local jurisdiction such extent wholly or mainly lies shall in writing order such person that he shall 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 4 as if such order were an order made by the Tribunal.

(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 Agricultural Productivity Committee may, subject to the provisions of subsection (2), appoint, in consultation with the Cultivation Committee within whose local jurisdiction such extent wholly or mainly lies, the cultivator of any extent of paddy land which is situated within the local jurisdiction of such Cultivation Committee and which, in the opinion of the Agricultural Productivity Committee, is an uneconomic extent, or any agricultural labourer resident within the local jurisdiction of such Cultivation Committee, to be the tenant cultivator of the first-mentioned extent or any part thereof, and upon such appointment, the appointee shall, subject to the provisions of this Law be the tenant cultivator of such extent or such part, as the case may be.

(2) No appointment under subsection (1) shall be made by the Agricultural Productivity Committee in respect of any extent of paddy land or part thereof unless-

(3) Where any such extent of paddy land as is mentioned first in subsection (1) or part thereof is occupied and used by any person at the time a tenant cultivator is appointed, under that subsection in respect of that extent or part, as the case may be, the Agricultural Productivity Committee within whose local jurisdiction such extent wholly or mainly lies shall in writing order such, person, to vacate such extent or part-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 4 as if such order were an order made by the Tribunal.

(1) Where on the date of the coming into operation of this Law in any Administrative District any agricultural labourer or agricultural laborers, is a cultivator or are cultivators of any extent of paddy land which wholly or mainly lies in the Administrative District and there is no person who is under this Law an owner cultivator or a tenant cultivator of that extent, the Cultivation Committee within whose local jurisdiction that extent wholly or mainly lies may, with the written approval of the Agricultural Productivity Committee and after giving written notice thereof to the landlord of that extent, appoint in writing such agricultural labourer to, be the tenant cultivator of that extent or appoint each of such agricultural labourers to be the tenant cultivator of such portion of that extent as shall be determined by such Cultivation Committee.

(2) The Agricultural Productivity Committee-

(3) Where a Cultivation Committee appoints an. agricultural labourer to be a tenant cultivator of any extent of paddy land under subsection (1), he shall, subject to the provisions of this Law be such tenant cultivator.

(1) The Minister 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 the number of bushels of paddy, not exceeding fifteen, in respect of each cultivated acre of any extent of paddy land in any region to which such determination applies or 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 the provisions of the Agricultural Productivity Law, No. 2 of 1972, or the customary rent hitherto payable in respect of that extent whichever is the least, 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 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 Reason, consist of-

(6) Where the Agricultural Productivity Committee within whose local jurisdiction any extent of paddy land wholly or mainly lies is satisfied that the tenant cultivator of such extent has wilfully neglected the cultivation of such extent during any paddy cultivation season in which cultivation was possible or has, without reasonable cause, committed during any paddy cultivation season a breach of any established custom, relating to cultivation, such Committee may order that the rent for such season payable in paddy under the provisions of this Law in respect of such extent shall be computed on the basis specified by such Committee 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 Agricultural Productivity Committee within whose local jurisdiction such extent wholly or mainly lies.

(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 be referred for decision to the Tribunal within whose local jurisdiction such extent wholly or mainly lies. The decision of the Tribunal on such dispute shall be communicated in writing to such, tenant cultivator and to his landlord. Such decision shall be final and, conclusive.

(a) at least ten days notice of the date on which it is intended to commence harvesting of the crop from such extent, and

(b) at least seven days ‘notice of the date on which it is intended to remove from the threshing floor the crop harvested from, such extent.

(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 Agricultural Productivity Committee within whose local jurisdiction such extent wholly or mainly lies.

(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 Agricultural Productivity 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 landlord, 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 such 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 Law 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 or the Court of Bequests within whose local jurisdiction such extent wholly or mainly lies, according as to such amount exceeds or does not exceed seven hundred and fifty rupees to be drawn by the person or persons entitled thereto. Where such amount or any portion thereof is not drawn by the person or persons entitled thereto within one year after the date on Which such sum was paid to court, such court shall cause such sum to be paid into the Agricultural Productivity Fund and no person thereafter shall be entitled to demand or receive such amount or the rent which such amount represents.

(3) Where an Agricultural Productivity Committee is empowered by any provision of this Law to deduct any sum due from the landlord of any extent of paddy land from the rent payable by a tenant cultivator shall, upon being and so long as he is ordered in writing by such Committee to do so, pay the rent to such Committee, and such Committee shall deduct such sum from the rent in such manner as such Committee shall determine, and pay the balance of the rent, if any, to such landlord and shall furnish him with a detailed statement of deductions made from the rent.

(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 Agricultural Productivity Committee within whose local jurisdiction such extent wholly or mainly lies, such Committee-

(2) Where the rent for any extent of paddy land is paid In paddy to an Agricultural Productivity 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 (1), 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 to Postal Order) to any person under this section by an Agricultural Productivity 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 title Agricultural Productivity Fund, by such Committee, and no person thereafter shall be entitled to demand or receive such sum or the rent which such sum represents.

(4) Notwithstanding anything in the preceding. provisions of this section, all expenses incurred by the Agricultural Productivity Committee in connection with the transmission or handling of the rent due to any person shall be met by such person. and may be deducted from such rent by such Committee before such rent is transmitted or paid to such person by such Committee.

(1) The person entitled to collect the 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) If any person contravenes the provisions of subsection (1), he shall be guilty of an offence, and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding fifty rupees.

(1) Any provision of this Chapter shall apply to a loan granted by a prescribed bank.

(2) In this Chapter ” loan” shall include an advance, overdraft or any other accommodation and interest thereon.

(3) In this Chapter the expression “occupier ” shall mean the person for the time being entitled to the use and occupation of agricultural land by virtue of his being the lessee or usufructuary mortgagee and shall include persons in use and occupation of agricultural lands alienated under the Land Development Ordinance, the Crown Lands Ordinance or any other enactment, and includes a tenant cultivator and an agricultural labourer within the meaning of this Law.

(4) In this Chapter owner or occupier means any person who has attained the age of eighteen years.

(1) The owner or occupier of any agricultural land may create a mortgage or charge on land or any other immovable property which he owns or in which he has an interest, in respect of any loan granted or to be granted to him by a prescribed bank, by the execution in duplicate of an instrument substantially in the prescribed, form.

(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 Stamp Ordinance in the case of 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.

(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.

(1) Where, under the provisions of this Chapter, default is made or deemed to be made in respect of the whole of the undischarged or unsatisfied portions of any loan and the interest due thereon, the prescribed bank may notify the Tribunal within whose area of authority such extent of agricultural land in respect of which the loan was granted is situated, that the owner or occupier of such agricultural land is in default of the sum of money specified in such notice.

(2) On receipt of a notice referred to in subsection (1), the Tribunal may hold an inquiry for the purpose of deciding whether such owner or occupier of agricultural land is in default of such sum of money.

(3) The owner or occupier of agricultural land and the prescribed bank shall be given an opportunity of being heard in person or through a representative at such inquiry.

(4) Where the Tribunal is satisfied at such inquiry that any sum of money is due to the prescribed bank from the owner or occupier of agricultural land, the Tribunal shall order such owner or occupier of agricultural land or any heir or legal representative of such owner or occupier of agricultural land to pay the sum of money due to the prescribed bank in the manner prescribed.

(5) Any party aggrieved by any decision or order of the Tribunal may, within thirty days of the communication of such decision or order to him, by written petition in which the other person is mentioned as respondent, appeal to the Supreme Court against such decision or order on a question of law.

(6) The decision of the Supreme Court in an appeal under subsection (5) shall be final and conclusive and shall not be questioned in any court of law.

(7) When the Tribunal makes a decision or order under subsection (4), and no appeal is made from such decision or order within the time allowed therefor, or the Supreme Court has confirmed such decision or order, then the Tribunal shall in writing order the owner or occupier of agricultural land to pay to the prescribed bank on or before the date specified in such order the sum, of money due to the prescribed bank as determined by the Tribunal.

(8) Where the owner or occupier of agricultural land fails or refuses to comply with an order made under subsection (7) relating to any sum which he is required to pay to the prescribed bank, such sum may on application made by any person, on behalf of the prescribed bank to the Magistrate’s Court having jurisdiction over the place where such extent of agricultural land 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.

(1) Notwithstanding anything to the contrary in any law for the time being in force, any charge or mortgage created on any land or interest therein in favour of a prescribed bank in respect of any loan granted to any owner or occupier of agricultural land by a prescribed bank shall have priority over any other charge or 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 whole or in part by the owner or occupier of 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.

(1) There shall be for each area determined by the Minister a Cultivation Committee for agricultural lands situated within that area.

(2) Each such Committee shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name assigned to it by the Minister by Order published in the Gazette,

(3) The members of each such Committee shall be appointed by the Minister and shall consist of not less than ten persons empowered by the Minister to represent the interests of persons engaged in agriculture or such other persons as the Minister may think necessary should be appointed.

(4) The Minister shall designate a member of the Committee as the Chairman of such Committee and another member as the Vice Chairman of such Committee.

(5) The term of office of any member of such Committee shall be three years, but-

(6) The Chairman shall preside at every meeting of the Committee at which he is present, and in the absence of the Chairman the Vice-Chairman of such Committee shall preside.

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

(8) If the Minister is satisfied that any member of the Committee is incapacitated by infirmity of mind or body from discharging the duties of his office or is otherwise unsuited to continue to discharge such duties, the Minister 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.

(9) A Cultivation Committee may appoint such servants or agents as it deems fit for the exercise of its powers and the discharge of its duties.

(10) Subject to the other provisions of this Law a Cultivation 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) No act or procedure of a Cultivation Committee shall be invalidated by reason only of the existence of any vacancy among its members.

(1) Every Cultivation Committee shall in the performance of its functions or powers conferred by this Law or any other law or regulation made thereunder be subject to the control and direction of the Agricultural Productivity Committee within whose area of authority it lies.

(2) Where a Cultivation Committee, after being directed by the Agricultural Productivity Committee within whose area of authority such. Cultivation Committee lies, to exercise, perform or discharge any power, duty or function conferred or imposed on or assigned to such Cultivation Committee by or under this Law fails to do so within the time specified in the direction, the Agricultural Productivity Committee may exercise, perform or discharge such power, duty or function and any act done by the Agricultural Productivity Committee in pursuance of the provisions of this section shall be deemed to have been done by such Cultivation Committee.

(1) Every Cultivation Committee shall assist the Agricultural Productivity Committee in the preparation and maintenance of a register of the agricultural lands which wholly or mainly lie within the local jurisdiction of such Agricultural Productivity Committee. There shall be specified in such register agricultural land, the name of the landlord, owner cultivator, tenant cultivator and collective farmer, as the case may be, of each such agricultural land, and such other particulars as may be required by the Agricultural Productivity Committee to be set out in such register, and such register shall be revised in each year by the Cultivation Committee under the supervision of the Agricultural Productivity Committee.

(2) Any entry in any register which has been prepared or revised under subsection (1) and which is for the time being in force shall be prima facie evidence of the particulars contained in such entry.

(3) Regulations may be made: –

(1) Every Cultivation Committee constituted for any area shall-

(2) Every Cultivation Committee may delegate to any member, officer, servant or agent of such Committee any power or function of such Committee under subsection (1).

(1) It shall be lawful for a Cultivation Committee, subject to the approval of the Minister, with the concurrence of the Minister of Finance to borrow from the Government or any person or persons such sum or sums of money as may be necessary for any of the purposes of such Committee.

(2) Every loan raised by such Committee shall be subject to such rate or rates of interest and to such conditions for the repayment thereof as may be approved by the Minister.

(a) any stamp duty chargeable under any written law in respect of any instrument executed by or on behalf of, or in favour of, a Cultivation Committee or in respect of any document filed in a court, in cases where but for the exemption granted by this subsection, the Cultivation 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.

(a) wilful neglect, or misconduct in the performance, of the duties imposed by this Law, or

(b) persistent disobedience to or disregard of the directions, instructions or recommendations of the Agricultural Productivity Committee within whose area of authority it lies, or

(c) incompetence or mismanagement, or

(d) abuse of the powers conferred by this Law, on the part of a Cultivation Committee, he may, by Order published in the Gazette, remove all or any of the members of the Cultivation Committee from office.

(2) Where the Cultivation Committee for any area ceases to function, the Minister or any officer authorized by the Minister in that behalf may until a new Committee is constituted for that area in accordance with the provisions of this Law, exercise, perform or discharge all or any of the rights, powers, privileges, liabilities, duties and functions of a Cultivation Committee under this Law in respect of that area.

(1) Where there is any dispute as to whether any land is a paddy land within the meaning of this Law the Agricultural Tribunal shall decide whether that land is or is not a paddy land, and shall communicate a decision in writing to the parties to the dispute.

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

(3) The decision of the Supreme Court on an appeal. under subsection (2) shall be final and conclusive and shall not be questioned in any court of law.

(1) The State may as hereinafter in this section provided, acquire and dispose of any paddy land offered, on any prescribed ground by the owner thereof to the State for purchase. An offer under this subsection shall be made to the Agricultural Productivity Committee in writing specifying the ground on which the offer is made.

(2) Where an offer under subsection (1) is made, the Agricultural Productivity Committee shall decide whether or not such offer is made on any prescribed ground, and shall communicate its decision in writing to the person who made the offer. Where such person is aggrieved by such decision he may within thirty days after the communication of such decision to him, make an appeal in writing from such decision to the Agricultural Tribunal.

(3) Where an offer made under subsection (1) is decided by the Agricultural Productivity Committee or Tribunal to be made on any prescribed ground, the Minister shall certify by Notification published in the Gazette that it is necessary that the paddy land to which such offer relates should be acquired by the State and upon the publication of such Notification in the Gazette, such paddy land shall for the purpose of the application of the Land Acquisition Act be deemed to be required for a public purpose, and -shall be acquired under that Act:

Provided that notwithstanding anything to the contrary in the aforesaid Act, the amount of compensation to be paid for the acquisition of such paddy land under the aforesaid Act shall be equal to the product of the multiplication by ten of the annual rental value of such paddy land computed as if this Law had not been enacted and in the prescribed manner.

(4) A paddy land acquired by the State as provided in this section shall be transferred to the Agricultural Productivity Committee “within whose local jurisdiction that paddy land wholly or mainly lies. Such Committee shall-

(1) Except with the written permission of the Agricultural Productivity Committee no person shall use an extent of paddy land for any purpose other than cultivation in accordance with the provisions of subsection (2).

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

(3) 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 summary trial before a Magistrate be liable to a fine not exceeding five hundred rupees and in default of payment of the fine, to imprisonment of either description for a term not exceeding one month.

(4) in any prosecution of a person for an offence under this section, the burden of proving that he had obtained the permission of the Agricultural Productivity Committee for doing the act which constitutes the offence shall be on such person.

(a) who makes default in complying with any direction or order given or made under this Law by an Agricultural Productivity Committee, or any persons authorized under this or any other law to give such direction or order: or

(b) who furnishes for the purposes of this Law any return or written information containing any particulars which to his knowledge are false and incorrect; or

(c) who obstructs or resists any other person in the performance or exercise of any duty or power imposed or conferred on that other person by or under this Law,

(1) The Minister may make regulations for giving effect to the provisions of this Law.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of all matters which are stated or required by this Law to be prescribed or for which regulations are required by this Law to be made.

(3) 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.

(4) Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before the National State Assembly 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 Paddy Lands Act, No. 1 of 1958 as amended from time to time is hereby repealed.

(2) All moneys lying to the credit of the Paddy Lands Fund established under the provisions of the Paddy Lands Act, No. 1 of 1958, shall be transferred to the Agricultural Productivity Fund, established under the provisions of the Agricultural Productivity Law, No. 2 of 1972.

(3) The assets and liabilities of the Cultivation Committees established under the Paddy Lands Act shall be transferred to the Cultivation Committees established under this Law.

(4) Notwithstanding the repeal of the Paddy Lands Act No. 1 of 1958;-

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

(ii) dairy farming,, live stock rearing and breeding;

(iii) plant and fruit nurseries; but does not include plantation crops;

(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;