NINDAGAMA LANDS

(a) no such proprietor shall be entitled to demand the performance of such services or to demand or receive any sum of money (due or which may fall due) in commutation of such services, from any tenant or holder thereof; and

(b) no such tenant or holder shall be liable to perform such services, or ten to pay such sum of money.

(1) After the appointed date,* any new owner of any nindagama land who desires to have his title as such owner registered shall, before the expiration of the prescribed period after that date, make a written claim for an award as to title in respect of that land to the Board through the competent authority for the district in which that land is situated. [* 3rd January, 1970, fixed by Order published in Gazette No. 14.884- died 13th December. 1969.]

(2) Regulations may be made under this Act-

(1) Upon the receipt by a competent authority of a claim for an award as to title in respect of any nindagama land, such authority shall, subject to the regulations made under this Act, refer such claim in writing to the Board, together with all documents received by such authority in respect of such claim.

(2) Regulations may be made under this Act prescribing-

(1) For the purposes of this Act, there may be established a Nindagama Lands Board (in this Act referred to as ” the Board”) consisting of a Chairman and fourteen other members.

(2) A person shall be disqualified for being appointed, or from continuing in office, as a member of the Board-

(a) to summon and compel attendance of witnesses;

(b) to compel the production of documents; and

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

(1) Where a reference of a claim for an award as to title in respect of any nindagama land is made to the Board, the Board shall, after considering all such matters and hearing all such witnesses as may be necessary for the purpose, and having due regard to any such regulations made under this Act as may be applicable in that behalf, make a decision in respect of such claim, and give notice of its decision to any such claimant.

(2) Subject to the other provisions of this Act, where the Board makes a decision on any reference of a claim for an award as to title in respect of any nindagama land, and no appeal is preferred against such decision as hereinafter provided, the decision shall be final and conclusive.

(1) Where any claimant is dissatisfied with the decision of the Board on any reference of a claim for an award as to title in respect of any nindagama land, he may, within the prescribed period after the date of service on him of a notice of such decision, prefer an appeal against such decision to the District Court having jurisdiction over the place where such land is situated.

(2) Regulations may be made under this Act providing the form, mode and manner in which any appeal under subsection (1) shall be preferred, the persons who shall be made parties to such appeal, and the procedure to be followed by a District Court in entertaining, hearing and disposing of, such appeal.

(3) No stamp duty shall be required in any proceedings before a District Court relating to an appeal under subsection (1).

(4) A District Court may award to any party to any appeal under subsection (1) an amount determined by that Court as his costs of proceedings relating to the appeal.

(5) The determination of a District Court on any appeal under subsection (1) shall be final and conclusive.

(1) The Board shall, as soon as may be after its decision on any reference of a claim for an award as to title in respect of any nindagama land has become final and conclusive under section 19 (2), or after the final determination of that reference by the District Court on an appeal preferred to such Court against such decision, make an award as to title in respect of that land, determining all such matters as may be prescribed and as are applicable in the case of that award. Such award shall be substantially in the prescribed form, and shall contain such prescribed particulars as may be applicable thereto.

(2) The Board shall give written notice of an award as to title in respect of any nindagama land to every person whose interests in that land are affected by such award.

(3) An award as to title in respect of any nindagama land made by the Board shall, where the decision of the Board on the reference for such award became final and conclusive under section 19 (2), accord with that decision, or where an appeal against that decision was preferred to a District Court, accord with the determination of that Court in such appeal.

(1) The Minister may make regulations for the purpose of carrying out and giving effect to the principles and provisions of this Act.

(2) In particular, but without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of the following matters:-

(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 on such other 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 Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to anything previously done thereunder.

(1) In this Act, unless the context otherwise requires-

” commissioner” means the Surveyor-General or any of his assistants, or any licensed surveyor, to whom a commission is issued under this Act;

” competent authority” means the Government Agent of any administrative district or any other prescribed officer;

” district” means any administrative district established under the Administrative Districts Act;

” holder “, in relation to any nindagama land, means a person who was, prior to the date of the commencement of this Act, a praveni nilakaraya of any praveni pangu of that land within the meaning of the Service Tenures Ordinance ;* [* See the List of Enactments omitted from the Revised Edition.]

” Minister ” means the Minister to whom the subject of Lands has been assigned;

“new owner”, in relation to any nindagama land, means a person who becomes such owner by virtue of the operation of the provisions of section 3, and includes any successor or successors to his title as such owner;

” nindagama land ” means any land in respect of which a proprietor thereof was, prior to the date of the commencement of this Act, entitled to demand services from any praveni nilakaraya or maruwena nilakaraya for and in respect of a praveni pangu or maruwena pangu held by any such nilakaraya, or to demand or receive from any such nilakaraya any sum of money in commutation of any such services, but does not include viharagama or devalagama land;

” tenant”, in relation to any nindagama land, means a person who was, prior to the date of the commencement of this Act, a maruwena nilakaraya of a maruwena pangu of that land within the meaning of the Service Tenures Ordinance; * [* See the List of Enactments omitted from the Revised Edition.]

” this Act” includes the regulations made thereunder.

(2) The expression ” absolute owners” occurring in the long title to this Act in any context relating to nindagama lands shall not be deemed or construed to mean the owners of such lands free of encumbrances, but shall be deemed or construed to mean only the owners of such lands free of the services abolished in respect thereof by this Act. [+ Section 30, repealing the Service Praveni Lands Succession Ordinance, is omitted.]