LAND DEVELOPMENT

(a) the bed of any waterway or of any collection of water, whether natural or artificial,

(b) things attached to the earth or permanently fastened to anything attached to the earth, and

(c) any title to land or any interest in the crops growing or to be grown thereon;

(1) There may be appointed a Land Commissioner who shall be responsible-

(2) In the exercise of his powers and in the discharge of his duties under this Ordinance, the Land Commissioner shall be subject to the general direction and control of the Minister.

(1) The Land Commissioner may from time to time give general or special directions to a Government Agent or to a land officer as to the performance of his duties relating to land administration and may direct or authorize any question of doubt or difficulty in connexion with such duties to be referred to the Land Commissioner for decision.

(2) Any direction or decision of the Land Commissioner shall be observed and given effect to by the Government Agent or by the land officer as the case may be.

(1) There may be appointed one or more land officers for the whole of Sri Lanka or for any province or district

(2) Every such land officer may, for the purposes of this Ordinance, perform, execute and exercise in any province or district or in the particular province or district for which he shall have been appointed, all or any of the functions, duties and powers assigned to or imposed upon or vested in a Government Agent under this Ordinance or any regulation made thereunder.

(3) Every person appointed as a Settlement Officer or as an Assistant Settlement Officer under the Land Settlement Ordinance, shall be deemed to be appointed a land officer for the whole of Sri Lanka for the purposes of this Ordinance.

(1) Every grant, when issued, shall be registered at the instance of the Government Agent in such manner as may be prescribed.

(2) No fees shall be paid or recovered for such registration.

(1) No land alienated on a permit or grant shall be seized or sold in execution of the decree of any court:

Provided that the preceding provisions of this section shall not apply to the seizure and sale of land alienated on a grant in execution of a decree entered in an action for the enforcement of a mortgage on that land which is permitted by this Ordinance;

And provided further that where any land alienated on a grant has been accepted as bail for the release of any person accused of an offence before any court and where such person does not appear as required by such court, such land may be seized and sold for the recovery of such amount as may be fixed as bail by such court.

(2) Where land alienated on a grant is sold in execution of a decree entered in an action for the enforcement of a mortgage on that land, the sale shall not be confirmed by the court unless the Land Commissioner has approved the purchaser upon application made in that behalf by the purchaser.

(3) Where the Land Commissioner refuses to approve the purchaser of any land alienated on a grant, the purchaser shall apply to the court by petition to set aside the sale on the ground that he has not been approved by the Land Commissioner. Upon such application being made, the court shall pass an order setting aside the sale.

(4) When a sale of land alienated on a grant is set aside under subsection (3)-

(5) An order for the repayment of the purchase money may be made by the court on an application made under subsection (3) if the person against whom the order is directed is a party to the application and such order may be enforced against such person in like manner as a decree for money.

(6) If the amount paid by the State for the purchase under this section of any land alienated on a grant exceeds the total amount of the debt due to the mortgagee together with the costs of seizure and sale, the mortgagor shall be entitled to such excess.

(a) shall not lease such holding to any other person except in such circumstances as may be prescribed; and

(b) shall not mortgage such holding to any person other than the People’s Bank or the State Mortgage and Investment Bank or a registered society or other prescribed institution.

(1) Subject to the provisions of subsection (2), no permit-holder shall execute or effect any disposition of the land alienated to him on the permit.

(2) With the written consent of the Government Agent, a permit-holder may mortgage his interest in the land alienated to him on the permit to any registered society of which he is a member.

(3) Any disposition, other than a disposition in accordance with the provisions of subsection (2), of any land alienated on a permit shall be null and void. [* Sections 44 and 45 are repealed by Act No. 16 of 1969.]

(1) Where default is made by a permit-holder who is a member of a registered society in the payment of any sum due to the registered society on any loan granted on the mortgage of the land alienated on the permit, whether that sum is due on account of principal or interest or both, the registered society may, after a decision or award under section 58 of the Co-operative Societies Law has been made on the dispute which had arisen between the registered society and such member by reason of the default, report the defaulter to the Government Agent and transmit to him a certified copy of the decision or award.

(2) The Government Agent, upon receipt of a report made under subsection (1) and of a certified copy of the decision or award referred to in that subsection, may take action under Chapter X of this Ordinance to recover the sum due from the person against whom the report was made as though such sum were due to the State and not to the registered society by which the report was made.

(3) Notwithstanding anything in any other written law, any sum due to a registered society on account of any sum granted on the mortgage of land alienated on a permit shall be recovered in the manner set out in this section and accordingly such registered society shall not take, and shall be precluded from taking, proceedings for the recovery of such sum in any other manner.

(4) The Government Agent shall deliver to a registered society any sum recovered under this section by him in satisfaction of the debt due to such registered society and shall pay the costs of seizure, if recovered, into the Consolidated Fund.

(1) Upon the death of a permit-holder who at the time of his or her death was paying an annual sum by virtue of the provisions of subsection (3) of section 19A+, the spouse of that permit-holder, whether he or she has or has not been nominated as successor by that permit-holder, shall be entitled to succeed to the land alienated to that permit-holder on the permit and the terms and conditions of that permit shall be applicable to such spouse :

Provided that where a spouse who was not nominated as successor by the deceased permit-holder succeeded under the preceding provisions of this subsection to the land alienated on the permit and where after so succeeding, such spouse marries, then upon such marriage-

(2) If, during the lifetime of the spouse of a deceased permit-holder who has succeeded under subsection (1) to the land alienated on the permit, the terms and conditions of the permit are complied with by such spouse, such spouse shall be entitled to a grant of that land subject to the following conditions:-

Provided that the aforesaid conditions shall not apply to a grant of any land to be made to a spouse who has been nominated by the deceased permit-holder to succeed to the land alienated on the permit.

(3) Any disposition or nomination made by a spouse in contravention of the provisions of subsection (2) shall be invalid. [ + Section 19A is repealed by Law No. 43 of 1973.]

(1) Upon the death of the owner of a holding, the spouse of that owner shall be entitled to succeed to that holding subject to the following conditions:-

Provided that the aforesaid conditions shall not apply to a spouse who has been nominated by the deceased owner of the holding to succeed to that holding.

(2) Any disposition or nomination made by a spouse in contravention of the provisions of subsection (1) shall be invalid.

(1) A nomination made by the owner of a holding or a permit-holder who on the date of making such nomination was unmarried shall, upon the marriage of such owner or permit-holder, be null and void.

(2) More persons than one may be nominated by the owner of a holding or a permit-holder as successors to the holding or land alienated on the permit provided that such nomination does not contravene the conditions of the grant or permit.

(3) No person shall be nominated as successor to a part or share, whether divided or undivided, of a holding or a land alienated on a permit, unless in the document whereby he is so nominated a successor is duly nominated for the remaining part or share of the holding or land alienated on the permit.

(4) The nomination of a successor and the cancellation of any such nomination shall not be made subject to any condition or defeasance.

(1) The nomination of a successor and the cancellation of any such nomination shall be effected by a document substantially in the prescribed form executed and witnessed in triplicate before a Government Agent, or a Registrar of Lands, or a divisional Assistant Government Agent, or a notary, or a Justice of the Peace.

(2) The provisions of subsection (1) shall not apply to any nomination or cancellation of a successor made by last will in the manner hereinafter provided, or to the nomination and cancellation of a successor to a land alienated on a permit made in the manner provided in section 87.

(3) A document by which the nomination of a successor or the cancellation of any such nomination is effected under subsection (1) 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.

(1) A document (other than a last will) whereby the nomination of a successor is effected or cancelled shall not be valid unless and until it has been registered by the Registrar of Lands of the district in which the holding or land to which that document refers is situated.

(2) Regulations may be made prescribing the procedure for the registration of documents whereby nominations of successors are effected or cancelled 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.

(1) After the registration of a document whereby a person is nominated as successor to a holding or a land alienated on a permit, a document which purports to nominate any other person as successor to that holding or land shall not be registered unless the nomination effected by the registered document has been duly cancelled by the registration of a document of cancellation:

Provided that it shall be lawful in one and the same document to cancel a registered nomination and to make some other nomination in lieu thereof; and, in that event, notwithstanding anything in this section contained, the document in which such cancellation and nomination are combined may be registered and shall upon due registration operate both as a cancellation of a previously registered nomination and as a nomination of a new nominee.

(2) Nothing in this section contained shall apply to any nomination or cancellation of a nomination made in the last will of the owner of a holding or a permit-holder.

(1) A nomination or a cancellation of a nomination made in the last will of the owner of a holding or of a permit-holder shall not be registered unless the applicant for registration shall furnish to the registering officer a certified copy of that will together with a certificate in the prescribed form to the effect that probate of that will has been applied for, signed by the Registrar of the District Court to which the application for probate was made.

(2) A nomination or a cancellation of a nomination made in the last will of the owner of a holding or of a permit-holder shall be invalid if probate of that will is refused or recalled or set aside by order of a court of competent jurisdiction ; and, in that event, the title to the holding or to the land alienated to that permit-holder shall devolve as though no nomination or cancellation of a nomination had been registered after the death of the owner of that holding or permit-holder.

(a) the last will was executed on a date later than the date of the execution of the registered document by which nomination was effected before the death of the owner or permit-holder;

(b) the last will specifically refers to the nomination effected by that registered document and definitely cancels such nomination.

(1) The spouse of a deceased permit- holder, who at the time of his or her death was paying an annual sum by virtue of the ^ provisions of subsection (3) of section 19A*, or the spouse of an owner, fails to succeed to the land held by such permit-holder on the permit or to the holding of such owner, as the case may be-

(2) A nominated successor fails to succeed to the land held on a permit by a permit-holder who at the time of his or her death was paying an annual sum by virtue of the provisions of subsection (3) of section 19A* or to the holding of an owner if he refuses to succeed to that land or holding, or, if the nominated successor does not enter into possession of that land or holding within a period of six months reckoned-

(1) If the Government Agent is satisfied after such inquiry as he may deem necessary that title to a holding or land alienated on a permit has devolved on a minor, he may, notwithstanding anything in any other written law, appoint a fit and proper person to be the curator of that minor for the purpose of enabling the minor to exercise his right and to be responsible for his obligations in respect of that holding or land under this Ordinance.

(2) No stamp duty shall be payable on the instrument by which a curator is appointed under subsection (1).

(3) A curator appointed under subsection (1) shall be responsible for the performance of all duties and for the discharge of all obligations imposed on the minor as owner of the holding or as permit- holder and may be removed from office by the Government Agent if he is satisfied after inquiry that such curator has failed to perform his obligations or has been guilty of neglect of duty or 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.

A curator aggrieved by an order of the Government Agent removing him from office may appeal against that order to the Minister in such manner as may be prescribed.

(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.

(5) Subject to the provisions of this section, a person appointed under subsection (1) to be the curator of a minor shall in respect of the holding of such minor or of the land alienated on a permit to which such minor has succeeded and in respect of the management, control, occupation and protection of that holding or land exercise all the rights and be subject to all the liabilities of a curator appointed by a court of competent jurisdiction.

(a) if that permit-holder is survived by his or her spouse, the spouse shall be entitled to succeed to that land ;

(b) if that permit-holder is not survived by his or her spouse or if the spouse does not succeed to the land, any other person who is a duly nominated successor of the deceased permit-holder shall be entitled to succeed to that land on such person obtaining a permit from the Government Agent under the provisions of this Ordinance to occupy that land.[* Sections 77 to 83 are repealed by Act No. 16 of 1969.] [t Section 19A is repealed by Law No. 43 of 1973.]

(1) If it appears to the Government Agent that a permit-holder has failed to observe a condition of the permit, the Government Agent may by notice in writing require such permit-holder to pay by way of fine such sum not exceeding one hundred rupees, and on or before such date, as may be specified in the notice.

(2) Where a permit-holder fails to comply with the requirements of a notice issued under subsection (1), or where a permit-holder contravenes a condition of the permit on a second or subsequent occasion, the Government Agent may issue a notice in the prescribed form intimating to the permit-holder that his permit will be cancelled unless sufficient cause to the contrary is shown to the Government Agent on a date and at a time and place specified in the notice.

(1) A copy of every notice issued under section 106 shall be served on the permit-holder and a copy shall also be affixed in a conspicuous position on the land affected by such notice. The Government Agent may also cause a copy of such notice to be served on any person who, in his opinion, is interested in the land or may be affected by a cancellation of the permit.

(2) If a permit-holder who has to be served under subsection (1) with a notice issued under section 106 cannot by the exercise of due diligence be found, the notice shall be deemed to be duly served on that permit-holder if a copy thereof is left with some adult member of his family or with his servant residing with him; and, if there is no member of the family or servant of that permit-holder on whom the notice can be so served by way of substitution for personal service, the notice shall be deemed to be duly served on that permit-holder if a copy thereof is affixed to some conspicuous part of the house or homestead in which he ordinarily resides.

(3) Where a notice issued under section 106 is served on the permit-holder personally, the officer to whom service thereof has been entrusted shall furnish a declaration duly signed by him to the Government Agent that such notice has been served on the permit-holder.

(1) If the permit-holder fails to appear on the date and at the time and place specified in a notice issued under section 106, or appears and states that he has no cause to show why his permit should not be cancelled, the Government Agent may, if he is satisfied that there has been due service of such notice and that there has been a breach of any of the conditions of the permit, make order cancelling such permit but no such order shall be made until after the expiry of a period of twenty-eight days reckoned from the date specified in the notice issued under section 106.

(2) If, within a period of fourteen days reckoned from the date specified in the notice issued under section 106, the permit-holder satisfies the Government Agent that he has cause to show why his permit should not be cancelled and that he was prevented by accident, illness, misfortune or other unavoidable cause from appearing on the date and at the time and place specified in such notice, the Government Agent shall appoint another date, time and place for the purpose of enabling the permit-holder to show cause why his permit should not be cancelled.

(1) If on the date and at the time and place specified in a notice issued under section 106 or appointed by the Government Agent under section 109 (2) the permit- holder appears and offers to show cause why his permit should not be cancelled, the Government Agent may, if he is satisfied after inquiry that there has been a breach of any of the conditions of the permit, make order cancelling the permit.

(2) The Government Agent may adjourn any inquiry under this section from time to time and shall hear evidence before making his order.

All such evidence shall be given on oath or affirmation which the Government Agent is hereby authorized to administer for the purpose.

(3) Where an inquiry under this section is adjourned, notice in writing of the date and the time to which the inquiry is adjourned shall be given by the Government Agent to the permit-holder.

(1) A copy of an order made by a Government Agent under section 110 shall be served forthwith on the permit-holder and a copy of such order shall also be affixed forthwith in a conspicuous position on the land affected by such order. Every copy so served or affixed shall contain a statement to the effect that an appeal from such order will lie to the Land Commissioner if preferred within a period of thirty days reckoned from the date of the order and such date shall be specified in such statement.

(2) If a permit-holder who has to be served under subsection (1) with a copy of an order made by the Government Agent under section 110 cannot by the exercise of due diligence be found, the copy shall be deemed to be duly served if it is left with some adult member of the permit-holder’s family or with his servant residing with him; and, if there is no member of the family or servant of that permit-holder on whom the copy can be so served by way of substitution for personal service, it shall be deemed to be duly served on that permit-holder if it is affixed to some conspicuous part of the house or homestead in which he ordinarily resides.

(1) An appeal under section 113 shall be preferred by written petition within a period of forty-two days reckoned from the date on which the order appealed from was made.

(2) In computing the time within which an appeal must be preferred, the date on which the order appealed from was made shall be excluded, but all public holidays shall be included.

(a) direct further inquiry to be made or information to be furnished or evidence to be given; or

(b) allow the appeal and set aside the order of the Government Agent; or

(c) modify the order of the Government Agent; or

(d) affirm the order of the Government Agent; or

(e) make such other order as he may consider just.

(1) The decision of the Land Commissioner under section 115 shall be communicated to the Government Agent who shall forthwith cause a copy thereof to be served on the permit-holder who preferred the appeal.

(2) Any decision made by the Land Commissioner under section 115 shall be final and conclusive for all purposes.

(a) where a permit has been issued to such person, such permit shall, with effect from the date specified in the notice, be deemed to be cancelled; or

(b) where no permit has been issued to such person and where such person is in occupation of the land, such person shall vacate and deliver possession of the land on such date and at such time, and to such officer, as may be specified in the notice. [*Section 23A is repealed by Law No. 43 of 1973.]

(1) If no appeal has been preferred against an order of ejectment made by Magistrate under section 125 within the time allowed for such an appeal, or, if an appeal has been preferred after the final decision of the Court of Appeal affirming the order of ejectment shall have been duly certified to the Magistrate’s Court, the Magistrate shall, on the application of the Government Agent or other prescribed officer, direct the Fiscal or a peace officer to eject from the holding any person bound by the order of ejectment and to deliver possession of the holding to the Government Agent or other prescribed officer or to the representative of the Government Agent or other prescribed officer.

(2) The Fiscal or the peace officer entrusted with the execution of the order of ejectment shall comply with the directions of the Magistrate and make due return of the manner in which he executes the order.

(3) In executing an order of ejectment, the Fiscal or the peace officer or any officer authorized by either of them may use such force as may be necessary to enter the holding, to eject any person bound by the order of ejectment and to deliver possession of the holding to the Government Agent or other prescribed officer or to the representative of the Government Agent or other prescribed officer.

(1) The provisions of this Chapter shall apply, mutatis mutandis, in a case where any person is in unlawful or unauthorized possession or occupation of State land-

(2) At any inquiry by a Magistrate into cause shown against the issue of an order of ejectment from a land alienated on a permit, it shall not be open to the permit-holder or any other person claiming title to such land through or under the permit-holder to assert or prove-

(1) It shall be lawful for the Minister at any time to remit any annual payment or arrears or annual payments or any moneys due to the State under this Ordinance.

(2) The powers of the Minister under subsection (1) may be exercised on his behalf by such persons and in such manner as may be prescribed.

(3) If the Government Agent is satisfied that there is sufficient cause for granting relief generally to any class of persons in any locality in respect of any annual payments due by such persons on account of lands alienated in such locality on permits, he may either reduce the amount of any such annual payment or waive it altogether:

Provided that such reduction or waiver shall not be made operative for a period exceeding one year.

(a) the necessary wearing apparel, beds, and bedding of the permit-holder who has made default, or of his wife, and children; and

(b) utensils used in his dwelling house for cooking or for the preparation of food, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the officer effecting the seizure or sequestration, be necessary to enable him to earn his livelihood as an agriculturist.

(1) If the defaulter fails to pay the amount due to the State together with the costs of seizure within a period of thirty days reckoned from the date of such seizure the Government Agent may cause the property seized to be sold by public auction or by tender:

Provided that perishables may be sold as soon as may be deemed expedient by the person effecting the seizure.

(2) In computing the period of thirty days referred to in subsection (1), the date on which the seizure was made shall be excluded but all public holidays shall be included.

(3) Regulations may be made prescribing the costs which may be charged or recovered for any seizure or sale effected under this Chapter.

(1) A list shall be made showing details of the property seized under section 134 and sold under section 137, the names and addresses of the purchasers, the prices realized, and the total amount recovered by the sale.

(2) Upon payment of the purchase money, a purchaser at a sale under section 137 shall receive a certificate of sale showing the property purchased and the price paid for such purchase.

(1) A seizure of a land referred to in section 140 shall be effected by serving upon the permit-holder to whom that land was alienated a notice substantially in the prescribed form and by affixing a copy of such notice in a conspicuous position on such land. A copy of such notice may also be served on any other person interested in the land or affected by the seizure thereof.

(2) If a permit-holder who has to be served with a notice under subsection (1) cannot by the exercise of due diligence be found, the notice shall be deemed to be duly served on that permit-holder if a copy thereof is left with some adult member of his family or with his servant residing with him; and, if there is no member of the family or servant of that permit-holder on whom the notice can be so served by way of substitution for personal service, the notice shall be deemed to be duly served on that permit-holder if a copy thereof is affixed to some conspicuous part of the house or homestead in which he ordinarily resides.

(3) No land shall be seized if the defaulting permit-holder to whom that land was alienated surrenders free and unclaimed movable property to satisfy the entirety of the amount due from him.

(1) Every seizure of a land referred to in section 140 shall be registered.

(2) No disposition of a land alienated on a permit shall be valid if it is effected or registered after the seizure of that land has been registered.

(1) The seizure of a land under section 142 shall operate as a cancellation of the permit under which such land was alienated, and the permit-holder to whom such land was alienated shall have no claim whatsoever to such land but such permit-holder shall, if he pays within a period of one year from the date of the seizure of the land the total amount due in respect of such land together with the costs of seizure, be entitled to be placed in possession of such land on the same terms and conditions on which the land was held by such permit-holder on the date of the seizure.

Where the permit-holder dies before the expiry of the period of one year hereinbefore specified the right to be placed in possession of the land alienated to the deceased permit-holder may be exercised by the spouse of such permit-holder or any other person nominated by such permit-holder as his successor on the same terms and within the same period.

(2) The right referred to in subsection (1) may be given effect to upon an endorsement substantially in the prescribed form made by the Government Agent on the permit relating to such land. Every such endorsement shall be registered.

(1) If a permit-holder fails to pay any sum due to a local authority in respect of the land alienated to that permit-holder on the permit, such local authority may report the defaulter to the Government Agent, who may thereupon take action under this Chapter to recover the sum due from the defaulter as though such sum were due to the State and not to such local authority.

(2) Save as is herein expressly provided, a local authority shall not take proceedings for the recovery of any sum due to such local authority from a permit-holder in respect of the land alienated to that permit-holder on the permit. [* Sections 144 to 151 are repealed by Act No. 16 of 1969.]

(a) the forms, fees, documents, and matters stated in or required by this Ordinance to be prescribed ;

(b) the mapping-out of State land ;

(c) the alienation under this Ordinance of State land over 5,000 feet in elevation;

(d) the maintenance of reserves for the preservation of the sources and courses of streams and for the prevention of erosion of the soil;

(e) the manner of paying or recovering fees, costs or other charges;

(f) the collection by the Government Agent of moneys due to local authorities;

(g) the classification of persons for the purpose of alienating State land under this Ordinance;

(h) the procedure to be observed, the fees to be paid and the forms to be used in preferring appeals to the Minister;

(i) the manner of publishing or serving notices or of serving other process ;

(j) the assessment of annual payments;

(k) the return of the annual payments made by the permit-holder who had made such payments under subsection (3) of section 19Af and whose permit was cancelled;[ T Section 19A is repealed by Law No. 43 of 1973.]

(l) any matters incidental to or connected with the matters or subjects specifically referred to in this section.

(a) that such lease or permit shall terminate when legislation is passed for its cancellation ; or

(b) that at the expiration of a stated period of time or upon the fulfillment by the lessee or by the permit-holder of stated conditions such lessee or permit-holder shall be given the right to hold the land upon a tenure to be thereafter introduced by legislation,

(1) A notary shall not attest any instrument operating as a disposition of a holding which contravenes the provisions of this Ordinance.

(2) An instrument executed or attested in contravention of the provisions of this section shall be null and void.

(1) Nothing in this Ordinance contained shall preclude any person claiming to be entitled to any land which has been alienated from instituting an action against the State for the vindication of his title thereto; but nothing in this section shall enable or authorize the owner of a holding or a permit-holder to sue the State for the vindication of title to such holding or to the land alienated to such permit-holder, as the case may be.

(2) Notwithstanding anything in any other law-

(1) Where an action instituted by any person against the State for vindication of title to any land alienated under this Ordinance has been decided in favour of such person, and where the Minister approves the acquisition of that land by the State, that land shall be deemed to be required for a public purpose and may accordingly be acquired compulsorily under the Land Acquisition Act.

(2) For the purposes of the assessment of compensation in respect of any land which is referred to in subsection (1) and which is acquired under the Land Acquisition Act, subsection (1) of section 45 of that Act shall have effect as if there were substituted, for the words ” on the date of publication of that notice in the Gazette ” occurring in that subsection, the words ” on the day immediately preceding the date of alienation of that land by the State under the Land Development Ordinance “.

(1) The provisions of the enactments enumerated in the first column of the Fourth Schedule shall, to the extent indicated in the second column of such Schedule, have no application to any land alienated under this Ordinance.

(2) The Minister may, by regulation made under section 155, add to the Fourth Schedule.

(1) If any person without the permission of the Government Agent-

he shall be guilty of an offence and shall on conviction by a Magistrate be liable to pay a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment:

Provided that no person shall be convicted under this section unless the land in question has been declared to be the property of the State under the Land Settlement Ordinance, or under any Ordinance repealed by Ordinance No. 20 of 1931, or has been acquired by the State under the Land Acquisition Ordinance, 1876,* or under the Land Acquisition Act. [*Repealed by Act No. 9 of 1950.]

(2) A conviction under this section shall operate as an order of ejectment made under section 125 and on such conviction the Government Agent or other prescribed officer may, after the lapse of the appealable time, or, if an appeal has been preferred, after the conviction has been affirmed in appeal, apply to the Magistrate under section 127 for the enforcement of such order of ejectment.

(1) If any person encroaches on any land which has been alienated under this Ordinance on a permit, he shall be guilty of an offence and shall on conviction after summary trial before a Magistrate b? liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(2) Proceedings under subsection (1) may be instituted by the Government Agent of the administrative district in which the land encroached on is situated or by any officer authorized in that behalf by such Government Agent.

(3) A conviction under subsection (1) shall operate as an order of ejectment made under section 125 and on such conviction the Government Agent of the administrative district in which the land encroached on is situated or other prescribed officer may, after the lapse of the appealable time, or, if any appeal has been preferred, after the conviction has been affirmed in appeal, apply to the Magistrate under section 127 for the enforcement of such order of ejectment.

(1) No written law (other than this Ordinance) which provides for succession to land upon an intestacy and no other law relating to succession to land upon an intestacy shall have any application in respect of any land alienated under this Ordinance.

(2) No person shall, by virtue of any appointment in any last will, have or acquire any title to succeed to any land alienated under this Ordinance save and except a successor duly nominated by last will under the provisions of Chapter VII.