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1. This Act may be cited as the Paddy Lands Act.
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2.
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(1) This Act shall apply to and in relation to all paddy lands situated in any such area as may be declared by Order of the Minister to be an area in
which this Act shall be in operation :
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Provided however that the Minister may, by the same or a subsequent Order, exempt any specified paddy land, or paddy lands of any specified class or description, from all or any of the provisions of this Act.
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(2) Every Order made under subsection (1) shall be published in the Gazette and shall come into force on the date on which it is so published or on such later date as may be specified in the Order.
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Controlled
paddy lands.
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3. In this Act, the expression ” controlled paddy land” means a paddy land or any undivided share thereof situated in an area in which this Act is in operation, other than a paddy land exempted as herein before provided from all the provisions of this Act.
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Leases, and changes in ownership, of controlled paddy lands.
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4.
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(1) No person shall let a controlled paddy land for a period less than five years, and no tenancy of a controlled paddy land for a period less than five years
shall be valid :
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Provided however that, where on the day immediately preceding the date on which this Act becomes applicable to a paddy land there is in respect of that land a valid tenancy which but for the preceding provisions of this subsection would continue to be valid for any period after that day, such provisions shall not apply to that tenancy during a period of three hundred and sixty days commencing on that date.
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(2) A lease of a controlled paddy land for a period not less than five years may be created by a
writing-
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(a) signed by the lessor, and the lessee or by some persons lawfully authorized in writing by them, in the presence of two witnesses present at the same time,
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(b) attested by such witnesses, and
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(c) stating-
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(i) the name and address of the lessor and the capacity in which he effects the lease,
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(ii) the name and address of the lessee,
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(iii) the name, extent, situation, and boundaries of such land and the names of the co-owners if any,
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(iv) the date of commencement and the date of termination of the lease,
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(v) whether the tenancy is an ande tenancy or not,
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(vi) whether the authorized rent of such land is to be paid in paddy or in money,
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(vii) the intervals at which such rent is to be paid, and
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(viii) the date of execution of the lease.
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The provisions of section 2 of the Prevention of Frauds Ordinance shall not apply to a lease created in accordance with this subsection.
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(3) A writing whereby a lease of a controlled paddy land for a period not less than five years is created in accordance with the provisions of subsection (2) shall, if the particulars which are required by that subsection to be set out in such writing are registered as hereinafter provided in the register of controlled paddy lands of the administrative district in which the paddy land is situated, be deemed for the purposes of section 7 of the Registration of Documents Ordinance to be an instrument duly registered under that Ordinance and affecting the land described in such writing.
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(4) Where a lease of a controlled paddy land for a period not less than five years is executed, the lessor shall forthwith in writing notify the lease to the proper authority of the administrative district in which that land is situated, stating the particulars of the matters specified in paragraph (c) of subsection (2) ; and if such lease is cancelled, the lessor and the lessee shall forthwith in writing notify the cancellation to such proper authority, stating the date on which the cancellation takes effect.
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(5) Where a change occurs in the ownership of a (Controlled paddy land, the new owner shall, within thirty days of such change, give written notice thereof to the proper authority of the administrative district in which that land is situated.
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Authorized rent of controlled paddy lands
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5.
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(1) For the purposes of this Act the authorized rent per annum of a controlled paddy land shall be-
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(a) such quantity of paddy obtained from that land as represents the prescribed landlord’s share of paddy, or
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(b) where the lease requires the rent to be paid in money, the monetary value of that quantity of paddy calculated at the prescribed rates of valuation of paddy ;
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and the authorized rent of that land for any portion of a year shall be proportionately determined.
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(2) Regulations made for the purposes of this section may prescribe for different areas-
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(a) different percentages or quantities of paddy as the landlord’s share of paddy, and
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(b) different rates of valuation of paddy.
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Prohibition of rent exceeding authorized rent.
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6. No person shall demand, receive or recover as the
rent of a controlled paddy land an amount exceeding the authorized rent of that land:
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Provided however that, where on the day immediately preceding the date on which this Act becomes applicable to a paddy land there is in respect of that land a valid tenancy which but for the preceding provisions of this section would continue to be valid for any period after that day, such provisions shall not, during a period of three hundred and sixty days commencing on that date, apply in relation to the rent chargeable under that tenancy.
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Prohibition of any payment in addition to rent.
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7. No person shall, as a condition of the grant renewal or continuance of the tenancy of a controlled paddy land, demand or receive, in addition to the rent of that land, any premium, commission, gratuity on other like payment or pecuniary consideration.
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8.
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(1) In each year, on or before the prescribed date the owner or lessee of every controlled paddy land shall furnish a return, in respect of that land, in the prescribed form and containing particulars of the prescribed matters, to the proper authority of the administrative district in which that land is situated.
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(2) Where a land, which is not a paddy land and which is situated in an area in which this Act is in operation, is converted into a paddy land, the owner or lessee thereof shall, within two weeks before the first sowing of paddy thereon, furnish a return, in respect of that land, in the prescribed form and containing particulars of the prescribed matters, to the proper authority of the administrative district in which that land is situated.
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(3) The proper authority of an administrative district may, by written notice, require the owner or lessee of a controlled paddy land in that district to furnish to him, within such time as may be specified in the notice, particulars of such matters relating to that land as may be so specified.
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(4) Where a notice under subsection (3) is sent to the owner or lessee of a controlled paddy land, he shall comply with that notice within the time specified therein.
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Registers of controlled
paddy lands.
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9. The proper authority of an administrative district in which there are controlled paddy lands shall keep and maintain a register of those lands in the prescribed form. He shall cause to be entered in such register particulars of such matters relating to those lands as may be prescribed and such particulars as may be notified to him under section 4.
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Restriction
on actions for ejectment of tenants of controlled paddy lands.
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10.
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(1) Notwithstanding anything in any other law, no action or proceedings for the ejectment of the tenant of a controlled paddy land shall be instituted in or entertained by any court, unless the proper authority of the administrative district in which that land is situated has, on the application of the landlord of that tenant, sanctioned in writing the institution of such action or proceedings.
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(2) Before the proper authority grants or refuses sanction for the institution of any action or proceedings for the ejectment of the tenant of a controlled paddy land, the proper authority, or any officer authorized in that behalf by the proper authority, shall hold an inquiry into the question why the landlord of that tenant desires to eject him from that land and shall allow the landlord and the tenant to adduce such evidence at the inquiry as the proper authority or the officer so authorized considers relevant.
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(3) Where an inquiry relating to the tenancy of a controlled paddy land is held under subsection (2), the proper authority of the administrative district in which that land is situated may invite any two members of the district agricultural committee, constituted for that administrative district, to be present and assist him, or the officer authorized by him to conduct the inquiry, in his or that officer’s deliberations at the inquiry.
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(4) The proper authority shall sanction the institution of any action or proceedings for the ejectment of the tenant of a controlled paddy land if he is satisfied that-
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(a) the rent in respect of that land has been in arrear for one month after it has become due, or
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(b) where the tenancy of that land is an ande tenancy, the tenant has, for the purpose of determining the authorized rent of that land in respect of any period, fraudulently declared as the crop from that land a quantity of paddy which is less than the actual quantity of paddy obtained from that crop, or
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(c) the tenant has given notice to quit, or
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(d) the condition of that land has deteriorated owing to acts committed by, or owing to the neglect or default of, the tenant.
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Time of commencement of cultivation in each season.
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11.
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(1) The proper authority of any administrative district in which controlled paddy lands are situated may specify, in respect of each season, a date on or before which operations for the cultivation of such lands shall commence. Different dates may be specified for such lands situated in different parts of such district.
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(2) The proper authority of any administrative district shall cause notice of every date specified by him under subsection (1) to be given, in such manner as he may deem adequate, throughout that district or any part thereof to which such date applies.
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(3) The proper authority of any administrative district may at any time, if it appears to him expedient so to do, by notice given in the manner provided in subsection (2), cancel any notice previously given by him under that subsection and specify a later date on or before which operations for the cultivation of controlled paddy lands situated in that district or any part thereof shall commence.
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Proper
authority’s power to take possession of controlled paddy lands.
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12.
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(1) Where the proper authority of any administrative district is satisfied that operations for the cultivation of any controlled paddy land situated in that district have not commenced in any season on or before the date specified under section 11, he may take possession of that land and adopt such measures, and use such force, as he may deem necessary for the purpose of taking such possession.
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(2) In any case in which the proper authority is empowered by subsection (1) to take possession of any controlled paddy land, he may, before taking possession of that land, call upon the owner of that land and, where there is a lessee of that land, such lessee to show cause why the proper authority should not take possession of that land, and, where such owner or lessee shows cause which appears to the proper authority to be adequate, the proper authority may refrain from taking possession of that land if such owner or lessee enters into a written undertaking to the satisfaction of the proper authority to comply with such terms and conditions as the proper authority may think it necessary to impose in order to secure the proper and regular cultivation of that land with paddy.
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(3) Where the proper authority is satisfied that there has been a breach of any undertaking entered into by the owner or lessee of a controlled paddy land under subsection (2), the proper authority may, without prejudice to any other right conferred on him by the undertaking, take possession of that land and adopt such measures, and use such force, as he may deem necessary for the purpose of taking such possession.
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Restoration of possession.
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13.
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(1) Where the proper authority has taken possession of any controlled paddy land under section 12, he may at any time restore possession of that land to its owner or lessee if he is satisfied that the owner or lessee will cause that land to be properly and regularly cultivated with paddy.
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(2) The restoration of possession of a controlled paddy land to its owner or lessee under subsection (1) shall not affect or prejudice the power of the proper authority to take possession of that land under section 12.
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Proper
authority’s duties in respect of controlled paddy lands taken over by him.
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14.
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(1) Where the proper authority has taken possession of any controlled paddy land under section
12, he shall-
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(a) issue to the owner or lessee of that land a certificate in writing under his hand that he has taken possession of that land for the purpose of causing it to be cultivated with paddy ;
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(b) cause that land to be cultivated with paddy by such person or persons as he may deem fit, during such number of seasons as he may in his discretion determine, and
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(c) during the continuance of such possession, pay the authorized rent of that land to its owner or lessee.
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(2) The proper authority shall cancel the certificate issued under subsection (1) in respect of any controlled paddy land if possession of that land is restored to its owner or lessee under section 13.
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Notices.
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15. A notice under this Act shall be deemed to have been sent to any person if it had been transmitted through the post by registered letter addressed to him at his last known place of abode.
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16.
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(1) The Minister may make regulations for giving effect to the provisions of this Act.
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(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 stated or required to be prescribed.
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(3) No regulation made by the Minister shall have effect until it has received the approval of the Senate and the House of Representatives and until notification of such approval has been published in the Gazette.
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17. Every person who contravenes or fails to comply with any of the provisions of this Act or of the regulations made under this Act 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.
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18. A prosecution for an offence under this Act may be instituted by the proper authority or an officer authorized in that behalf by the proper authority.
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General directions of the Director of Food Production.
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19. The proper authorities shall, in the exercise of their powers and the discharge of their duties under this Act, be subject to the general directions of the Director of Food Production.
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20.
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(1) In this Act, unless the context otherwise requires-
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” district agricultural committee” means a district agricultural committee constituted under the Irrigation Ordinance ;
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” let” includes ” sublet”, and its grammatical variations shall be construed accordingly ;
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” paddy land ” means land prepared for the cultivation of paddy, but does not include chena land or land not provided with earth bunds to impound water ;
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” prescribed ” means prescribed by regulation made under this Act;
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” proper authority “, with reference to any administrative district, means the Government Agent, an Additional Government Agent, an Assistant Government Agent, or an Additional Assistant Government Agent of such district, or any prescribed officer ; and
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” ande tenancy ” means the tenancy of a paddy land under which the tenant undertakes to give as rent a share of the paddy crops of that land to the person who let that land.
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(2) Where the owner or lessee of a controlled paddy land and a cultivator of that land who has no right of ownership or leasehold in respect thereof are each entitled to a share of the paddy crops of that land, such cultivator shall, for the purposes of this Act, be deemed to be the tenant of that owner or lessee under an ande tenancy in respect of that land and not a worker hired by that owner or lessee to cultivate that land.
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