Pasture Lands (Reservation And Development)



Pasture Lands (Reservation And Development)
AN ACT TO PROVIDE FOR THE RESERVATION OF CERTAIN STATE LAND AS PASTURE LAND, FOR THE LEASING OP SUCH LAND, FOR THE RECOVERY OF POSSESSION OF SUCH LAND FROM PERSONS IN UNAUTHORIZED POSSESSION OR OCCUPATION THEREOF, AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows;

[27th January
, 1983
]
Short title.

1. This Act may be cited as the Pasture Lands (Reservation and Development) Act, No. 4 of 1983.

Declaration of State land as pasture land.

2. The Minister may from time to time, with the concurrence of the Minister in charge of the subject of lands, by Order published in the Gazette declare any State Land to be reserved as pasture land (hereinafter referred to as ” pasture land “).

Leasing of pasture land vested in the Land Commissioner.

3. The Land Commissioner or an officer authorized in writing by him in consultation with the Director of Animal Production and Health (hereinafter referred to as the ” Director”) shall lease any pasture land to any State institution or body of persons, whether corporate or unincorporated (hereinafter referred to as the ” lessee”) engaged in the business of livestock breeding, where he is satisfied that such institution or body of persons has the capacity to manage and develop such pasture land.

Power of Land Commissioner or authorized officer to terminate any lease agreement.

4.

(1) The Land Commissioner or an officer authorized in writing by him in consultation with the Director shall, by order, terminate any lease agreement entered into under section 3 with any lessee where he is satisfied that

(a) the terms and conditions specified in such lease agreement have not been complied with; or

(b) maximum utilization has not been made of the pasture land which is subject to such lease agreement.

(2) No order under subsection (1) shall be made against a lessee except after notice to him to show cause within such period as may be specified in the notice why such order should not be made, and except on his failing to show cause within such period or on his not showing sufficient cause.

State Lands (Recovery of Possession) Act, No. 7 of 1979, to apply.

5. All pasture lands shall be deemed to be State lands within the meaning of the State Lands (Recovery of Possessions) Act, No. 7 of 1979, as amended by Act No. 58 of 1981, and the provisions of that Act shall, mutatis mutandis, apply to the enactment of any person in unauthorized possession or occupation of any such land.

Maintenance of records.

6. Every lessee under this Act shall maintain such records as may be prescribed and shall submit to the Land Commissioner or an officer authorized in writing by him and the Director such reports as may be prescribed.

Power of entry and inspection.

7. The Land Commissioner or an Officer authorized in writing by him or the Director may-

(a) for the purpose of ascertaining whether the provisions of this, Act or any regulations made thereunder are being complied with, enter and inspect any pasture land at all reasonable hours of the day and night; and

(b) inspect and take copies of any records required to be kept by any lessee under this Act or the regulations made thereunder.

Minister may revoke Order made under section 2.

8. Where the Minister is of opinion that any land declared to be reserved as pasture land is not suitable as such pasture land, he may, with the concurrence of the Minister in charge of the subject of Lands, revoke the Order made under section 2.

Offences and penalties under this Act.

9. Any person who, within the limits of any pasture land –

(a) without lawful authority fells any trees; or

(b) without lawful authority grazes any cattle ; or

(c) wilfully causes any damage to such land or loss to any lessees thereon; or

(d) commits, trespass; or

(e) tampers with natural water courses thereon; or

(f) obstructs the entry of authorized persons; or

(g) introduces any infected animals, shall

be guilty of an offence and shall be liable on conviction by a Magistrate to a fine not less than two hundred and fifty rupees and not exceeding one thousand rupees or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.

Regulations.

10.

(1) The Minister may make regulations in respect of matters, required by this Act to be prescribed.

(2) In particular regulations may be made in respect of all or any of the following matters:

(a) the terms and conditions of lease agreements made under this Act;

(b) the standards, of productivity to be maintained by lessees;

(c) the manner in which records are to be maintained by lessees.

(3) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of publication or on 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 Parliament for approval.

(5) 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.

(6) The date on which any regulation is deemed to be so rescinded shall be published in the Gazette.

Interpretation.

11. In this Act, unless the context otherwise requires

” Director of Animal Production and Health ” includes a Deputy Director and an Assistant Director.