STATE LANDS

(1) make absolute or provisional grants of State land;

(2) sell, lease or otherwise dispose of State land;

(3) enter into agreements for the sale, lease or other disposition of State land;

(4) issue permits for the occupation of State land;

(5) issue licenses to take or obtain any substance or thing found in State land;

(6) sell or lease the right to mine or gem in any State land or in any land which has been disposed of by the State with a reservation of mining rights in favour of the State.

(1) Where the owner of any land comprised in a State grant is desirous of dividing or partitioning such land, he may apply to the President to accept the surrender of such grant and to regrant the land comprised therein in parcels.

(2) If the lessee of any land leased by the State is desirous of dividing or partitioning such land, he may apply to the President to accept the surrender of such lease and to lease such land in parcels.

(3) The President, if satisfied with the title of the applicant under subsection (1) or subsection (2) and on payment by the applicant of all the costs and expenses of, or consequent on, such application, may accept the surrender of such grant or lease and may issue in lieu thereof to the applicant a State grant or lease, as the case may be, of the said land in such parcels as the applicant desires; and where more persons than one are joint owners or joint lessees of any land for the division or partition of which an application is made under this section, a grant or lease issued in lieu of a grant or lease surrendered may dispose of any parcel of the land surrendered to any one or more of such joint owners or joint lessees.

(4) No such division or partition shall be allowed unless all moneys, if any, due under the original grant or lease have been paid in full.

(1) A special grant or lease of State land may be made at a nominal price or rent or gratuitously for any charitable, educational, philanthropic, religious or scientific purpose, or for any other purpose which the President may approve.

(2) Every special grant or lease shall be substantially in the prescribed form and shall state that the title to the land conveyed thereby shall revert to the State if the land is not used for the purpose for which it was granted or leased or if it is applied to any other purpose.

(3) Upon proof that any land described in any special grant or lease has ceased to be used for the purpose for which it was granted or leased or has been applied to any other purpose or that there has been a failure to comply with any condition or to observe any covenant of the grant or lease, the State shall be entitled, upon application to a court of competent jurisdiction, to a decree cancelling the grant or lease and declaring the land to be vested in the State, free from all encumbrances; and the State shall not be liable to pay to any person any sum by way of compensation for improvements effected on the land subsequent to the date of the special grant or lease.

(1) Every disposition of State land under this Ordinance must be effected by an instrument of disposition executed in such manner as may be prescribed.

(2) Regulations may be made prescribing the conditions which may be attached to dispositions of State land. No such condition shall be deemed to be attached to any disposition of State land unless that condition is inserted in the instrument of disposition relating to that land.

(1) Where it is provided in any permit or licence that such permit or licence is personal to the grantee thereof, all rights under such permit or licence shall be finally determined by the death of such grantee.

(2) Where it is provided in any permit or licence that such permit or licence shall be personal to the grantee thereof, the land in respect of which such permit or licence was issued and all improvements effected thereon shall, on the death of the grantee, be the property of the State ; and no person claiming through, from or under the grantee shall have any interest in such land or be entitled to any compensation for any such improvements.

(1) Where a Government Agent is of opinion that the grantee of any permit or licence has failed to observe any condition attached to any such permit or licence, he may cancel such permit or licence and eject the grantee in accordance with the procedure prescribed in sections 106 to 128 of the Land Development Ordinance which shall apply accordingly as though the grantee of a permit or licence under this Ordinance were a permit-holder under that Ordinance and as though the land which is the subject-matter of a permit or licence under this Ordinance were land alienated by a permit issued under that Ordinance :

Provided that any matter or form required by the Land Development Ordinance to be prescribed in connexion with the cancellation of a permit under that Ordinance shall, for the purpose of the application of that Ordinance to the cancellation of a permit or licence under this Ordinance, be prescribed under this Ordinance.

(2) Where a permit or licence is cancelled under subsection (1), all rights of the grantee under such permit or licence shall cease and be finally determined.

(1) The President may, if he thinks fit, instead of signing the original of any instrument of disposition, cause a facsimile of his signature to be stamped thereon ; and any instrument so stamped shall be deemed to be signed by the President.

(2) The facsimile of the signature of the President shall be stamped on the original of any instrument by or in the presence of the Secretary to the President or some other person authorized in that behalf by the President; and the Secretary or such other person shall certify on the original that the facsimile of the President’s signature was stamped thereon by him or in his presence, as the case may be.

(1) A copy of every instrument of disposition signed or deemed to be signed by the President shall be authenticated by the signature of a prescribed officer and shall be deposited for purposes of record at the office of the Registrar of Lands of the district in which the land disposed of by that instrument is situate and at any other office which the President may from time to time appoint.

(2) A copy of any instrument authenticated in the manner prescribed in subsection (1) shall be primary evidence within the meaning of section 62 of the Evidence Ordinance of the instrument of which it purports to be a copy.

(1) Every State grant and every instrument of disposition whereby State land is leased for a term exceeding the prescribed period shall, when issued, be forthwith registered at the instance of the Government Agent.

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

(1) The President may, by order (hereinafter referred to as a “vesting order “) vest any State land for purposes of administration in any naval, military, air force or local authority, subject to such terms and conditions as may be specified in such order.

(2) Where State land is vested in any naval, military, air force or local authority, by a vesting order, any building or other structure standing or erected on such land shall be deemed to be vested in such authority by that order unless that order otherwise provides; and, where State land is vested in a local authority, this subsection shall have effect notwithstanding anything in the written law whereby such local authority is constituted or established.

(3) In this section, ” State land ” includes State land in the possession of any local authority in respect of which no vesting order has been issued under any written law or otherwise prior to the commencement of this Ordinance, notwithstanding the fact that such local authority has effected any improvements on such land or been in possession thereof for any period prior to the commencement of this Ordinance.

(1) The President may at any time revoke a vesting order-

(2) No vesting order whereby State land has been vested in any naval, military, air force or local authority shall be revoked unless and until that authority has been afforded an opportunity of showing cause or making representations against the proposed revocation.

(3) In this section, ” vesting order ” means any order, document or instrument whether issued under this Ordinance or under any other written law or otherwise either before or after the commencement of this Ordinance.

(1) Subject to the provisions of subsections (2) and (3), where a vesting order has been revoked under section 30, no compensation for improvements effected on the land comprised in such vesting order shall be paid or payable to any naval, military, air force or local authority or to any other person; and no claim against the State for compensation or damages shall be entertained by any court.

(2) Nothing in subsection (1) shall preclude the gratuitous payment of compensation in any particular case.

(3) Subsection (1) shall have no application in a case where the vesting order which is revoked under section 30 makes provision for the payment of compensation for improvements effected on the land comprised in such vesting order.

(1) The provisions of any written law relating to the protection, preservation or survey of State land, the demarcation of the boundaries of such land, the removal of encroachments and the ejectment of persons encroaching or trespassing thereupon, shall be applicable to any State land vested in a local authority notwithstanding that the written law by or under which such local authority is constituted or established may make special provision in regard to such matters.

(2) The President may, by Order published in the Gazette, specify the provisions of written law referred to in subsection (1); and any provision of written law so specified shall for all purposes be deemed to fall within the category of the laws referred to in that subsection.

(3) In order to enable a local authority to take action under any written law referred to in subsection (1) and for the purpose of the application of such law to State land vested in a local authority, the President may, in any Order published under subsection (2), provide that any written law specified in that Order shall be applicable to State land vested in a local authority subject to such modification, adaptation, alteration or amendment of such written law as may be prescribed in such Order; and such law as so modified, adapted, altered or amended shall have application accordingly; and every such Order shall be as valid and effectual as if it were herein enacted.

(4) This section shall apply to all State land vested in a local authority whether before or after the commencement of this Ordinance and whether by or under any written law or otherwise.

(5) Nothing in this section shall affect or be deemed to affect any provision of any written law by or under which any local authority is constituted or established.

(1) Any local authority in which any State land is vested shall, when so required by the Land Commissioner, cause that land to be surveyed by the Surveyor-General at its own expense; and the Surveyor-General is hereby required to survey that land and to prepare and furnish a plan thereof, on proof to his satisfaction of the requisition made by the Land Commissioner to the local authority and on prepayment by the local authority of the cost of such survey and plan.

(2) A local authority shall, upon receipt of a plan prepared by the Surveyor-General under subsection (1), forthwith transmit such plan or a certified copy thereof to the Land Commissioner.

(3) Where a local authority has been required by the Land Commissioner under subsection (1) to cause any land to be surveyed by the Surveyor-General and has, in the opinion of the Land Commissioner, failed or neglected to comply with such requisition or to prepay to the Surveyor- General the cost of the survey, the Land Commissioner may cause such survey to be made by the Surveyor-General and shall certify the cost thereof to the local authority; and upon the issue of any such certificate, the local authority shall be liable to pay the amount of the cost specified in the certificate and such amount shall, until paid, be a charge on the rates, revenue and funds of the local authority.

(1) On receipt of the schedule transmitted to him under section 37, the Government Agent shall, after such inquiry as he may deem necessary, recommend to the Minister that such claim should be admitted or rejected or should be modified in such manner as may be set out in the recommendation.

(2) A copy of the recommendation made by the Government Agent under subsection (1) shall be sent by registered post by letter addressed to the Chairman of the Village Council and shall be deemed to be served on the Village Council on the date on which such letter would ordinarily be delivered to the Chairman.

(1) allow the appeal and reverse the recommendation of the Government Agent; or

(2) direct further enquiry to be made or information to be furnished or evidence to be taken * or

(3) modify the recommendation made by the Government Agent; or

(4) affirm the recommendation of the Government Agent.

(1) A local authority may, with the sanction of the Minister granted generally in respect of any class of cases or specially in any particular case, lease any land vested in such authority by or under this Ordinance or any other written law, subject to the condition that all or any of the provisions of Chapters V, VI, VII, VIII and IX of the Land Development Ordinance shall apply to the land leased by the local authority as to a protected holding* alienated under that Ordinance; and upon the lease of any land subject to such condition, the provisions of the Land Development Ordinance specified in the instrument of lease shall apply accordingly; and for the purposes of such application, the lease shall be deemed to be an alienation, the leased land shall be deemed to be a protected holding* and the lessee the owner of that holding, and the Mayor or Chairman of the local authority shall be deemed to be the Government Agent and may exercise, discharge or perform in respect of the leased land or the lessee any power, duty or function vested in, imposed upon or assigned to the Government Agent under the Land Development Ordinance. [* The references to ” protected holdings” in Chapters V and VI of the Land Development Ordinance have been replaced with references to a” permit-holder paying an annual sum by virtue of the provisions of section 19A (3) “, which section has been subsequently repealed by section 53 of the Sale of State Lands (Special Provisions) Law, No. 43 of 1973- See also the List of Enactments omitted from the Revised Edition]

(2) The sanction of the Minister shall be sufficient to enable any local authority to lease in the manner set out in subsection (1) any land vested in such authority notwithstanding anything in any written law whereby such local authority is constituted or established and notwithstanding the absence in any such written law of any provision conferring on such local authority the power to hold or lease land.

(3) Every instrument of lease under subsection (1) shall contain a recital to the effect that the Minister has granted his sanction to the lease and from such recital it shall be presumed, until the contrary is proved, that the sanction of the Minister to the lease was duly obtained.

(1) Where, in any indenture of lease executed prior to the commencement of this Ordinance by the Urban Council of Jaffna, provision has been inserted that the lessee shall hold the leased land until such time as legislation for the cancellation of that lease is enacted or for a term of years or until the death of the lessee, whichever event is earlier, this Ordinance shall be deemed to be the legislation referred to in that indenture of lease ; and every such lease which has not been determined prior to the commencement of this Ordinance in accordance with the said provision or any other provision contained in the indenture creating such lease is hereby cancelled ; and such cancellation shall be binding on the lessor and on the lessee and on the nominee, if any, of the lessee under the indenture of lease and on every person claiming or purporting to claim from, through or under the lessee.

(2) Every lessee whose lease is cancelled under subsection (1) shall be entitled to obtain from the Urban Council of Jaffna a lease for the same land as that demised to him under the lease so cancelled. In this subsection, ” lessee ” includes the nominee of a lessee who had died prior to the date of the commencement of this Ordinance in a case where no indenture of lease has been executed in favour of such nominee prior to that date.

(3) For the purposes of the application of the provisions of section 47 to any lease referred to in subsection (2), the land leased and demised to the Urban District Council of Jaffna, by the indenture of lease more particularly described in the First Schedule, for the purpose of housing people resident within the area commonly called the Karaiyur slum area within the town of Jaffna, shall be deemed to be land vested in the Urban Council* of Jaffna by this Ordinance; and it is hereby declared that the sanction of the Minister is granted for the execution of all such leases and that a recital of the grant of such sanction may be made in any indenture executed for the purpose of any such lease. [* Now the Municipal Council of Jaffna]

(4) Save as hereinbefore provided, any lease executed by the Urban Council* of Jaffna and referred to in subsection (1) and the lease to the Urban District Council of Jaffna referred to in subsection (3) and the terms, conditions, covenants, provisions and stipulations of any indenture whereby any such lease was created, shall have the same force and effect and shall bind both the lessor and the lessee mentioned in any such indenture to the same extent as though this Ordinance had not been enacted.

(1) the protection of the source, course or bed of any public stream ;

(2) the protection of springs, tanks, reservoirs, lakes, ponds, lagoons, creeks, canals, aqueducts, elas channels (whether natural or artificial), paddy fields and land suitable for paddy cultivation ;

(3) the protection of the foreshore;

(4) the construction or protection of roads, paths, railways and other means of internal communication;

(5) the construction or protection of quays, landing places, hospitals, burial grounds, cemeteries, markets, schools, libraries, museums or other public works;

(6) the prevention of the erosion of the soil;

(7) the preservation of water supplies;

(8) the defence of Sri Lanka;

(9) any other prescribed purpose :

(a) has been surveyed and depicted on a plan prepared by or under the authority of the Surveyor-General; and

(b) has been declared to be the property of the State under the Land Settlement Ordinance or under any enactment repealed by Ordinance No. 20 of 1931 ; or

(c) has been declared to be the property of the State by a decree of court in a reference case under the Waste Lands Ordinances, 1897 to 1903 ; or

(d) has been acquired by the State under the provisions of the Land Acquisition Ordinance, 1876, or the Land Acquisition Act; or

(e) has been resumed by the State under the provisions of the Lands Resumption Ordinance.

(1) Where any person who has been convicted under any written law for the time being included in the Second Schedule of any offence committed in or upon a State reservation is in occupation or possession of that reservation or any part thereof, a Magistrate having local jurisdiction over the area in which such violence was committed shall, on the application of the government Agent, by order direct the Fiscal or a police officer to eject such person from that reservation and to deliver possession thereof to the Government Agent or to his representative.

(2) A Fiscal or police officer charged with the execution of an order of ejectment made by a Magistrate under this section shall comply with the directions of the Magistrate and shall make due return in the prescribed form furnishing the prescribed particulars relating to the execution of the order.

(3) In the execution of an order of ejectment a Fiscal or police officer or any other officer authorized by or accompanying the Fiscal or police officer may use such force as may he necessary to eject from the State reservation the offender against whom the order is made and any other person in possession or occupation of such reservation or part thereof on behalf or on account of the offender and to deliver possession of the reservation to the Government Agent or to his representative :

Provided that in a case where an appeal lies against the conviction of the offender, he shall not be ejected until the conviction has been affirmed in appeal or, if no appeal is preferred, until after the expiry of the time within which such appeal could have been preferred.

(1) State land which is landmarked an* described as a road reservation ii any land-sale or other notice published in the Gazette prior to the commencement of this Ordinance under the hand of the Governor, the Colonial Secretary the Land Commissioner, or an; other officer of the Government;

(2) State land which is shown or depicted as a road reservation in any plan prepared by or under the authority of the Surveyor-General prior to the commencement of this Ordinance;

(3) State land constituted a State reservation for a road or path by Notification of the Minister under section 49;

(4) State land adjoining any road and reserved for the protection or benefit of that road ;

(5) all waste land which, not being private property, lies within a distance of 33 feet of the middle of a public carriageway or cartway or within 10 feet of the middle of a public pathway;

(6) State land marked off and reserved for the construction of a path or road.

(1) a road reservation not situate within the administrative limits of any local authority may be leased by the Government Agent;

(2) a road reservation situate within the administrative limits of a local authority and not vested in that local authority may be leased by the Government Agent;

(3) a road reservation situate within the administrative limits of a local authority and adjoining any public thoroughfare referred to in section 44 (2) of the Urban Councils Ordinance may be leased by the Government Agent with the sanction of that local authority;

(4) a road reservation situate within the administrative limits of a local authority and vested in that local authority may be leased by that local authority with the sanction of the Government Agent:

(1) to construct quays, wharves, jetties or other public works along or out from the foreshore or in the bed of the sea adjacent thereto ;

(2) to dredge the bed of the sea;

(3) to reclaim any part of the foreshore or bed of the sea;

(4) to erect buildings on any areas of land reclaimed from the sea; and

(5) to lease or otherwise dispose of any such reclaimed area.

(1) The Minister may, by Notification published in the Gazette, declare any part of the foreshore as an area from or over which no sand, stone, coral or other substance shall be removed; and thereupon no person shall remove from such area or from the bed of the sea adjacent thereto to a distance of one mile from the foreshore any sand, stone, coral or other substance without a licence from the Government Agent or other prescribed officer.

(2) Every such licence shall specify and define, as far as practicable, the place from which sand, stone, coral or other substance may be removed, and may set forth such prescribed terms and conditions (including a condition as to the payment of fees or money) subject to which sand, stone, coral or other substance may be removed.

(1) Any Proclamation issued under section 2 of the Seashore Protection Ordinance, No. 12 of 1911,* and in force immediately prior to the commencement of this Ordinance shall continue in force and have effect as though it were a Notification issued under section 63. [* Repealed by Ordinance No. 8 of 1947]

(2) Any prohibition issued under section 4 of the Seashore Protection Ordinance, No. 12 of 1911,* and in force immediately prior to the commencement of this Ordinance shall continue in force and have effect as though it were a prohibition issued under section 64. [* Repealed by Ordinance No. 8 of 1947]

(1) it shall not be exercised in contravention of any right conferred on and lawfully exercisable by any person, company, corporation, board, or local authority by or under any written law other than this Ordinance or of any licence granted by the State;

(2) it shall be subject to the rights of the occupiers of land on the banks of public lakes and public streams as hereinafter defined;

(3) it shall be subject to the rights of the holders of permits issued under this Part of this Ordinance.

(1) Where the right of the owner of any land on the bank of a public lake or public stream to use the water in that lake or stream for any purpose on that land, being a right acquired under any law relating to the acquisition of rights by virtue of user, is extinguished by the operation of section 72, such owner shall have a claim for compensation from the State for the actual loss suffered by him as a result of the extinction of such right.

(2) Every claim for compensation under subsection (1) shall be made in writing addressed to the Land Commissioner and specifying-

(3) No claim under subsection (1) shall be entertained by the Land Commissioner unless it has been preferred within one year after the commencement of this Ordinance.

(4) After consideration of each written claim entertained by him, the Land Commissioner-

(5) Where a claimant is aggrieved by the refusal of the State to admit the claim or by any reduction of the amount claimed by him as compensation, he may institute an action for enforcing the claim or for recovering the full amount in the District Court having local jurisdiction over the place where the right in respect of which the claim is made is alleged to have been exercised by him.

(6) No action under subsection (5) shall be maintainable by a claimant unless it has been instituted within one year after the receipt by him of the letter referred to in subsection (4).

(1) Subject as hereinafter provided, no person Shall-

except under authority of a permit issued, on behalf of the State, by the Government Agent or other prescribed officer:

Provided that no permit shall be required to authorize any person to divert any water from a public lake or a public stream in any case where such person is entitled so to divert such water under the Irrigation Ordinance or the provisions of any other written law.

(2) Every such permit shall be in such form and contain such conditions and provide for such payments as may be approved by the Land Commissioner either generally or in the circumstances of any particular case.

(1) the rights of riparian proprietors who are likely to be affected by the issue of the permit;

(2) the interests and requirements of the State and of any local authority concerned;

(3) the probability that the grant of the permit may prejudicially affect any work or proposal contemplated or undertaken by the State or by any local authority; and

(4) any other prescribed matter.

(1) The Government Agent shall, after consideration of an application for a permit under section 77, inform the applicant by letter whether his application has been allowed or disallowed ; and where such application has been allowed, the Government Agent shall, together with such letter, transmit the permit to the applicant.

(2) An applicant who has made application for any permit under section 77 and is aggrieved by the disallowance of his application or by the insertion of any term or condition in the permit issued to him may, subject as hereinafter provided, appeal against such disallowance or the insertion of such term or condition to the Minister within one month of the receipt of the letter referred to in subsection (1):

Provided that no such appeal shall be made to, or entertained by, the Minister in any case where the applicant has applied to the District Court for a declaration under section 81.

(3) The Minister may, upon an appeal preferred under subsection (2), by order-

(4) Every order made by the Minister upon an appeal preferred under subsection (2) shall be final and conclusive; and it shall be the duty of the Government Agent to take all such action as may be necessary to give effect to such order.

(1) An applicant who has made application for a permit to divert any water from a public stream and is aggrieved-

on the ground that the diversion, or proposed diversion of the water in question is not in excess of his legal rights or that the said term or condition is in derogation of his legal rights, may, subject to the provisions of subsection (2), apply, within one month of the receipt of the letter referred to in section 80, to the District Court having local jurisdiction over the place where the water is to be diverted from that public stream for a declaration of his legal rights in the matter in question; and such District Court shall have power, on such application, after notice to the Government Agent and after such inquiry as the court may deem necessary, to declare such rights and to give all necessary directions with regard to such permit and the terms and conditions thereof so as to secure the legal rights of the applicant; and the Government Agent shall comply with and give effect to the directions of the District Court, whose order shall be final and not subject to any appeal.

(2) No application under subsection (1) shall be made to, or entertained by, any District Court in any case where the applicant has appealed to the Minister under subsection (2) of section 80.

(3) Save as provided in subsection (1), the decision of the Government Agent to allow or disallow any application and the terms and conditions of any permit issued under section 77 shall not be subject to review by or appeal to any court.

(1) Any permit issued under section 77 or deemed to be issued under that section may be cancelled by a Government Agent-

Provided that no such permit shall be cancelled in the manner provided in paragraph (b) of this subsection unless the commission of the particular act specified in the permit has, during a continuous period of not less than three years, been authorized by a permit or permits issued or deemed to have been issued under section 77.

(2) The provisions of subsection (1) (b) shall have effect notwithstanding that any permit referred to in subsection (1) contains a clause requiring notice but not specifying the period of such notice, or a clause requiring a period of notice greater or less than three months, or no clause for the termination of such permit whether after notice or otherwise.

(3) Any permit-holder aggrieved by the cancellation under subsection (1) of the permit issued to him may appeal against such cancellation to the Minister; and the Minister may, upon such appeal, by order-

(4) Every order made by the Minister upon an appeal preferred under subsection (3) shall be final and conclusive, and it shall be the duty of the Government Agent to take all such action as may be necessary to give effect to such order.

(1) Where in any instrument of disposition, provision is made to the effect that the disposition effected thereby may be cancelled or determined or shall cease in the event of any moneys due to the State under that instrument remaining unpaid for any period of time specified therein and where such moneys remain unpaid for the period so specified, the Government Agent may by endorsement on the instrument of disposition cancel the disposition effected thereby; and such disposition shall be determined accordingly:

Provided that no such endorsement shall be made on any instrument of disposition until the person liable for the payment of moneys due under that instrument has been afforded an opportunity of showing cause against the proposed cancellation.

(2) Regulations may be made prescribing the procedure to be observed in cancelling instruments by endorsement in the manner set out in subsection (1).

(1) The Land Commissioner shall be the officer of Government responsible for and charged with the administration of this Ordinance.

(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) Any officer of Government entrusted with any duties in respect of State land shall, in the discharge of such duties, be subject to the direction and control of the Land Commissioner.

(2) Any officer of Government entrusted with any duties in respect of State land shall, if so directed by the Land Commissioner, refer to him for decision any question of doubt or difficulty in connexion with the discharge of such duties.

(3) Any direction or decision of the Land Commissioner shall be duly complied with or given effect to by any such officer of Government.

(1) There may be appointed a Deputy Land Commissioner, one or more Assistant Land Commissioners, and such other officers and servants as may from time to time be required for the purposes of this Ordinance.

(2) Subject to any general or special directions of the Land Commissioner, the Deputy Land Commissioner may exercise, perform, or discharge any power, duty, or function of the Land Commissioner under this Ordinance or under any regulation.

(3) The Land Commissioner may either generally or specially authorize any Assistant Land Commissioner to exercise, perform, or discharge any power, duty, or function of the Land Commissioner under this Ordinance or under any regulation.

(1) any matter stated in or required by this Ordinance to be prescribed ;

(2) the administration, management, regulation, protection and control of all State land. State reservations and road reservations and the foreshore and of all waters vested in the State;

(3) all forms required for the purposes of this Ordinance including the forms of grants, leases, permits, vesting orders and other dispositions of State land or of waters vested in the State*

(4) the conditions to be attached to grants, leases, permits, vesting orders and other dispositions of State land or waters vested in the State;

(5) free grants of State land ;

(6) sales, leases and other dispositions whether generally or on preferential terms and the conditions and procedure incidental to or connected with such sales, leases and dispositions;

(7) the alienation or other disposition of land over 5,000 feet in elevation;

(8) the survey and land marking of State land and the foreshore ;

(9) the principles on which rents or other payments under leases or permits shall be fixed and the periods after which such rents or payments may be revised;

(10) the localities or the circumstances in which State land shall not be disposed of by grant;

(11) the advertisement of sales and other dispositions of State land ;

(12) the exchange of State land for private land;

(13) the grant of State land or of any rights or facilities over State land to the naval or military authorities or to any local authority ;

(14) leases and other dispositions of town allotments;

(15) leases of State land for agricultural purposes;

(16) special leases by local authorities of lands vested in such authorities and the terms and conditions of such leases;

(17) appeals to the Minister under Part IV or Part IX, and the procedure on and disposal of such appeals;

(18) the grazing of cattle on State land and the provision of pasturage on such land;

(19) water-supply to State land, and water-service schemes;

(20) the produce of State land and the removal and disposal of such produce;

(21) deposits and survey fees which must accompany applications for grants, leases, permits and other dispositions of State land ;

(22) fees payable or chargeable for or in respect of all matters under this Ordinance and the recovery of fees and rents;

(23) the alienation of the right to mine or gem in or over State land ;

(24) the alienation of the right to mine or gem in or over land disposed of by the State with a reservation to the State of mining or gemming rights;

(25) the grant of facilities to use State land for the construction of roads, paths, trolley-ways, irrigation channels, waterways, aerial ropeways, telephone lines, pipe lines and power transmission lines or for the temporary or partial utilization of State land for any other purpose;

(26) the circumstances in which State reservations and road reservations may be cancelled and cease to be reserved;

(27) the lease of State reservations and road reservations, including the period of such leases and the terms and conditions to be attached thereto;

(28) the grant of facilities to take water from any public lake or public stream or spring;

(29) the method of describing State land in grants, leases and permits;

(30) the preparation of diagrams to facilitate the identification of State land disposed of by grant, lease or permit;

(31) the grant or other disposition of the right to chena State lands;

(32) the issue of chena, nomile, or other permits in respect of State land ;

(33) appeals to the District Court under section 81;

(34) licenses for the removal of sand or other substances from the foreshore or the bed of the sea or of any public lake or stream.

(a) that regulation has been approved by Parliament; and

(b) notification of such approval has been published in the Gazette.

(a) every public road, carriageway, cartway, pathway, path and thoroughfare;

(b) every bridge, drain, embankment, causeway and ditch belonging to or appertaining to a public road, carriageway, pathway, path or thoroughfare; and

(c) every road reservation and State reservation, is the property of the State.

(1) is, after the commencement of this Ordinance, declared to be the property of the State under the provisions of the Land Settlement Ordinance; or

(2) is, after the commencement of this Ordinance, acquired by the State under the provisions of the Land Acquisition Ordinance, 1876,* or the Land Acquisition Act; or [* Repealed by Act No. 9 of 1950]

(3) is, after the commencement of this Ordinance, resumed by the State under the provisions of the Lands Resumption Ordinance; and

(4) has, at any time prior to the date of such declaration, acquisition or resumption, as the case may be, been land marked with boundary marks by or under the authority of the Surveyor-General or is so landmarked at any time after any such date,

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

” air force authority” means the Commander of the Sri Lanka Air Force or any person, authorized by such Commander to represent him for the purposes of Part III, and includes any other person prescribed as an air force authority for the purposes of this Ordinance ;

” commencement”, when used with reference to this Ordinance, means the 1st day of September, 1949 ;

” disposition”, with its grammatical variations and cognate expressions, means any transaction of whatever nature affecting land or the title thereto and includes any conveyance, transfer, grant, surrender, exchange, lease or mortgage of land;

” foreshore” means the shore of the Island of Sri Lanka between high-water mark and low-water mark;

” Government Agent ” includes an Additional or Assistant Government Agent and any other prescribed officer;

” grantee ” means the person to whom any State land or right or interest in such land is disposed of by an instrument of disposition;

“instrument of disposition” means any instrument or document whereby any disposition of State land is effected and includes a grant, lease, permit or licence relating to State land;

” lake ” means a lake as defined in section 70 and includes any tank declared under section 71;

” land ” includes-

” Land Commissioner” means the Land Commissioner appointed under section 3 of the Land Development Ordinance;

” local authority ” includes a Municipal Council, an Urban Council, a Town Council, a Village Council or any other authority prescribed as a local authority;

” military authority” means the Commander of the Sri Lanka Army or any person authorized by such Commander to represent him for the purposes of Part III, and includes any other person prescribed as a military authority for the purposes of this Ordinance ;

” mineral” includes gold, silver and precious stones;

” naval authority ” means the Commander of the Sri Lanka Navy or any person authorized by such Commander to represent him for the purposes of Part III, and includes any other person prescribed as a naval authority for the purposes of this Ordinance ;

” prescribed ” means prescribed by this Ordinance or by any regulation made thereunder;

” public lake” means a public lake as defined in section 70;

” public stream ” means a public stream as defined in section 70 ;

” regulation ” means a regulation made by the Minister under this Ordinance;

” road reservation ” means any State land deemed to be a road reservation under section 55;

” State land ” means all land in Sri Lanka to which the State is lawfully entitled or which may be disposed of by the State and includes all rights and privileges attached or appertaining to such land ;

” State reservation ” means a reservation constituted or deemed to be constituted under section 49 ;

” vesting order ” means an order made by the President under section 27.

(2) The use of the expression ” land ” in any provision of Part I or of Part XIII shall not be in derogation of any right, power or authority vested in the President by any such provision to dispose of any interest in any land or to take any such interest on lease or to accept any surrender or donation of any such interest.

(1) Nothing in this Ordinance shall affect the provisions of-

(2) Nothing in the State Land (Claims) Ordinance shall in any way abridge or affect or be deemed to abridge or affect any power or authority conferred on the President by or under this Ordinance.