TEA AND RUBBER ESTATES (CONTROL OF FRAGMENTATION)

(1) This Act shall come into operation on the eleventh day of December, 1957.

(2) The day specified in subsection (1) is hereafter in this Act referred to as the appointed day.

(1) The transfer of ownership of a tea, rubber or coconut estate on or after the appointed day shall, subject to the provisions of subsections (2) and (3), be null and void unless-

(2) Where not less than ten per centum of the consideration for the transfer of ownership of a tea, rubber or coconut estate has passed before the appointed day, and such transfer is effected or is to be effected on or after the appointed day, then, if the parties to such transfer notify in writing to the Land Commissioner on or before the fifteenth day after the 1st day of February, 1958-

the Land Commissioner shall prepare two copies of a certificate of exemption of such transfer from the provisions of subsection (1). The Land Commissioner shall sign each such copy and shall transmit one such copy to the person who is or is to be the transferee or, where there are two or more persons who are or are to be the transferees, to such one of them as is mentioned first in such notification and shall transmit the other copy to the Secretary of the Board to be filed of record in the Board’s office.

(3) A transfer of ownership of a tea, rubber or coconut estate effected on or after the appointed day shall not be null and void by reason only of the absence of prior consent of the Board to such transfer if a certificate of exemption is issued under subsection (2) by the Land Commissioner in respect of such transfer.

(4) Where a certificate of consent to the transfer of ownership of a tea, rubber or coconut estate is issued by the Board, such certificate shall be attached to the deed by which such transfer is effected, and the notary attesting such deed shall in his attestation state that such certificate has been issued in respect of such transfer and specify the number, if any, and the date of issue of such certificate.

(5) A notary who attests a deed effecting a transfer of ownership of a tea, rubber or coconut estate on or after the appointed day shall deliver or transmit a copy of such deed to the Secretary of the Board on or before the fifteenth day of the month next succeeding that in which such deed is attested by him or, if the said fifteenth day is before the 1st day of February, 1958, on or before the fifteenth day after the 1st day of February 1958.

(1) The partition of a tea, rubber or coconut estate effected on or after the appointed day by deed by agreement of the co-owners of such estate shall, subject to the provisions of subsection (2), be null and void unless-

(2) The provisions of subsection (1) shall not apply to the partition of a tea, rubber or coconut estate effected by deed by agreement of the co-owners of such estate if the right, title and interest of such co-owners to or in such estate have devolved on them under the law of intestate succession or under a testamentary disposition.

(3) Where a certificate of consent is issued by the Board in respect of the partition by deed of a tea, rubber or coconut estate, such certificate shall be attached to such deed, and the notary attesting such deed shall in his attestation state that such certificate has been issued in respect of such partition and specify the number, if any, and the date of issue of such certificate.

(4) A notary who attests a deed effecting the partition of a tea, rubber or coconut estate on or after the appointed day shall deliver or transmit a copy of such deed to the Secretary of the Board on or before the fifteenth day of the month next succeeding that in which such deed is attested by him.

(1) On or after the appointed day-

(2) A decree in a partition action instituted with the consent of the Board shall not contravene or be in conflict with the conditions, if any, subject to which such consent has been granted, and if such decree contravenes or is in conflict with any such condition, such decree shall be null and void.

(1) The Board shall grant its consent-

(2) The Board may subject any consent granted under subsection (1) to such conditions as the Board may determine.

(1) Notwithstanding anything to the contrary in the Tea Control Act, No.51 of 1957, an estate of less than two hundred hectares in extent, or a small holding, constituted by the division of a tea estate into lots on or after the appointed day shall not be registered under such Act unless such division has been made in consequence of a transfer or ownership or a partition of such tea estate with the prior consent has been granted. In this subsection the expression “small holding” shall have the same meaning as in the Tea Control Act, No.51 of 1957.

(2) Notwithstanding anything to the contrary in the Rubber Control Act, an estate, less than one hundred hectares in extent, or a small holding, constituted by the division has been made in consequence of a transfer of ownership or a partition of such rubber estate with the prior consent of the Board and in accordance with the conditions, if any, subject to which such consent has been granted. In this subsection the expression “small holding” shall have the same meaning as in the Rubber Control Act.

“(3) Notwithstanding anything to the contrary, in the Coconut Development Act, No. 46 of 1971, an estate of not less than one hundred hectares in extent or a small holding constituted by the division of a coconut estate into lots shall not be registered under such Act unless such division has been made in consequence of a transfer of ownership or a partition of such coconut estate with the prior consent of the Board and accordance with the conditions, if any, subject to which such consent has been granted.

In this subsection “small holding” means any coconut small holding registered or deemed to have been registered under the provisions of the Coconut Development Act, No. 46 of 1971.”

(1) For the purposes of this Act there shall be established a Board which shall be called the Tea, Rubber and Coconut estates (Control of Fragmentation) Board and which shall consist of-

(2) The Minister shall appoint one of the members of the Board to be the Chairman of the Board.

(3) Every appointed member of the Board shall, unless he earlier resigns office or is removed therefrom by the Minister, hold office for a period of three years. Any appointed member of the Board who vacates office by effluxion of time shall be eligible for reappointment.

(4) The Minister may, if he thinks it expedient to do so, remove from office, by Order published in the Gazette, any appointed member of the Board, and such member shall vacate office on the date of publication of such Order in the Gazette.

(5) The appointed member of the Board may be remunerated for attendance at meetings of the Board at such rates as may be prescribed.

(a) be made in writing by the proprietor or any one of the proprietors of such estate or by the authorized agent of such proprietor or proprietors;

(b) be addressed to the Chairman of the Board and transmitted to or delivered at the office of the Board ;

(c) state the name and address of such proprietor or each of such proprietors;

(d) specify the situation and extent of such estate, the plantations thereon, the area covered by each such plantation, and the yield of each such plantation in each of the three calendar years preceding that in which the application is made ;

(e) describe the principal buildings on such estate;

(f) where the application is for the consent of the Board to the transfer of ownership of such estate, state-

(g) where the application is for the consent of the Board to a partition by deed of such estate, state the names and addresses of the persons among whom such estate is to be partitioned, and the extent of the portion to be allotted to each such person; and

(h) contain such other particulars as may be prescribed.

(1) The Board shall appoint a Secretary of the Board and may appoint such other officers and servants as may be required for the purposes of this Act.

(2) The Secretary of the Board shall, under the direction of the Chairman of the Board, convene meetings of the Board for the consideration of applications made to the Board.

(3) The quorum for any meeting of the Board shall be three members of the Board.

(4) The Chairman of the Board shall, if present, preside at every meeting of the Board, and, in his absence, the members of the Board present at such meeting shall elect from among themselves a person to preside at such meeting.

(5) All questions arising at any meeting of the Board shall be decided by a majority of the members of the Board present and voting at such meeting. Where the votes of the members of the Board present at a meeting of the Board are equally divided on any question, the person presiding at such meeting shall, in addition to his vote as a member of the Board, have a casting vote.

(6) A member of the Board who is interested in the subject-matter of any application made to the Board shall not participate in any meeting of the Board at which such application is considered.

(7) The Secretary of the Board shall maintain a record of the proceedings and decisions of every meeting of the Board.

(8) The Board may make rules relating to the procedure for the conduct of its business.

(1) There shall be established for the purposes of this Act a Fund, consisting of money’s contributed to such Fund under subsection (2) of this section, which shall bead ministered by the Board.

(2) Notwithstanding anything to the contrary in the Rubber Control Act (Chapter 436), Coconut Development Act, No. 46 of 1971 and the Sri Lanka Tea Board Law, No. 14 of 1975, the Rubber Controller, the Coconut Development Authority and the Sri Lanka Tea Board respectively, shall contribute annually towards the Fund established under subsection (1), such sum of money as shall be determined from time to time by the Minister in consultation with the Minister in charge of the subject of Finance

(3) The moneys lying to the credit of the Fund shall be utilized for purpose of meeting all expenses incurred by the Board in the carrying out of its duties under this Act, including the payment of remuneration to the appointed members of the Board.

(1) The Board shall, in respect of each calendar year, cause proper books of accounts to be kept of the income and expenditure of the Fund and cause annual statement of accounts to be prepared in such form and containing such particulars as may be prescribed.

(2) The accounts prepared by the Board under subsection (1) shall be submitted to the Auditor-General for purpose of audit, before the lapse of three months from the end of each Calender year.”.

(1) The decision of the Board on any application made to the Board shall, within three months after the receipt of the application, be communicated in writing to the applicant. Where for any reason the Board is unable to communicate its decision to the applicant within the aforesaid three months, the Board shall so inform the applicant and shall specify the period within which its decision will be communicated to him.

(2) Where an application to the Board is rejected by the Board, the Secretary of the Board shall convey the Board’s decision to the applicant within three days after the date of such decision.

(1) Where the Board disallows an application made to the Board, the applicant may, within twenty-eight days after the communication to him of the Board’s decision on such application, make a written appeal from such decision to the Minister. Such appeal shall state the grounds of appeal.

(2) Where any appeal is made under subsection (1), the Minister may either affirm the Board’s decision from which the appeal is made or, having regard to the provisions of section 8, allow the application to which the Board’s decision relates by consenting, as the case may be, to the transfer of ownership of the tea, rubber or coconut estate specified in such application, or to the partition by deed of such estate, or to the institution of a partition action in respect of such estate. The Minister’s consent may be subject to such conditions as he may specify. The decision of the Minister shall be final and conclusive and shall not be called in question in any court.

(3) Where on any appeal made under subsection (1) the Minister decides to affirm the Board’s decision, the Secretary to the Ministry shall in writing inform the appellant and the Secretary of the Board that the Minister has affirmed the Board’s decision.

(4) Where the Minister allows any appeal made under subsection (1) and consents to the transfer of ownership of the tea, rubber or coconut estate to which the appeal relates, or to the partition by deed of such estate, or to the institution of a partition action in respect of such estate, the Secretary to the Ministry shall prepare four copies of the certificate of the Minister’s consent and, if the Minister has made such consent subject to any conditions, specify those conditions in such certificate. Each such copy shall be signed by the Secretary to the Ministry. Of such copies the Secretary to the Ministry shall transmit three to the appellant and the fourth to the Secretary of the Board to be filed of record in the Board’s office.

(5) For the purposes of section 3 and section 4, the Minister’s consent under the preceding provisions of this section shall be deemed to be the consent of the Board, and any conditions to which the Minister has made his consent subject shall be deemed to be conditions imposed by the Board.

(a) with the concurrence of the Tea Controller, engage any officer of the Tea Control Department for the purpose of investigating or reporting on any matter connected with any such application made to the Board as relates to a tea estate,

(b) with the concurrence of the Rubber Controller, engage any officer of the Rubber Control Department for the purpose of investigating or reporting on any matter connected with any such application made to the Board as relates to a rubber estate, and

“(c) with the concurrence of the Coconut Cultivation Board established under section 2 of the Coconut Development Act, No. 46 of 1971, engage any officer of the Coconut Cultivation Board for the purpose of investigating or reporting on any matter connected with any such application made to the Board as relates to a coconut estate,

(1) All expenses incurred in connexion with any meeting of the Board or any investigation or report carried out or made under section 16 shall-

“(2) The emoluments of the Secretary and other officers and servants appointed by the Board shall be paid out of the Fund established by section 12A of this Act.”.

(1) The Chairman of the Board may, by written notice, direct any person who has made an application to the Board or any person who is reasonably believed by the Board to have a knowledge of the necessary facts relating to the tea, rubber or coconut estate in respect of which such application has been made-

(2) A person to whom a notice under subsection (1) is sent shall comply with such notice within the time specified therein.

(1) The Chairman of the Board or any person authorized by him in writing may, at any time between sunrise and sunset, enter any tea, rubber or coconut estate to which an application made to the Board relates for the purpose of carrying out any inspection or making any survey plan, and may request the production of, and make copies of any entries in, any record maintained in respect of such estate.

(2) The person for the time being in charge of any tea, rubber or coconut estate shall admit thereto any person who is empowered by subsection (1) to enter such estate and shall, if requested to do so, produce to the person so empowered any record maintained in respect of such estate and permit him to make a copy of any entries in such record.

(1) Where an application made to the Board is rejected by the Board and it is the opinion of the Board that substantial hardship is likely to be caused to the applicant by the rejection of the’ application, the Board may, with the consent of the applicant, recommend to the Minister that the tea, rubber or coconut estate to which the application relates shall be acquired by the State.

(2) Upon a recommendation made under subsection (1), the Minister may determine that the tea, rubber or coconut estate to which the recommendation relates shall be acquired by the State, and where the Minister so determines, the determination shall be published in the Gazette.

(3) Where a determination under subsection (2) in respect of a tea, rubber or coconut estate is published in the Gazette, such estate shall, for the purposes of the Land Acquisition Act, be deemed to be a land needed for a public purpose and the provisions of such Act, subject to the exceptions and modifications specified in the Schedule to this Act, shall apply for the purposes of the acquisition of such estate.

(4) Where an Order under section 38 of the Land Acquisition Act is made in respect of a tea, rubber or coconut estate which is deemed under subsection (3) to be a land needed for a public purpose, and before possession of such estate is taken for and on behalf of the State in pursuance of such Order the applicant with whose consent the Board had recommended the acquisition of such estate by the State makes a written request to the acquiring officer to abandon the acquisition proceedings in respect of such estate, the acquisition proceedings shall be abandoned and such Order shall be revoked by an Order made and published in the Gazette under section 39 of such Act, and such applicant shall not be entitled to the payment of any costs incurred by him in the acquisition proceedings in court or before the Board of Review constituted under such Act.

(1) No officer of a local authority shall approve a blocking out plan of any land which is a tea estate, a rubber estate or a coconut estate, as the case may be, within the meaning of the Act, unless a certificate of consent under section 14 of the Act has been issued by the Board relating to such estate

(2) Any officer of a local authority who acts in contravention of the provisions of subsection (1), shall be guilty of an offence under this Act and shall on conviction after summery trial before a Magistrate, be liable to a term of imprisonment of not exceeding one year or a fine not exceeding one hundred thousand rupees or to both such imprisonment and fine.

(3) Any approval granted in respect of a blocking out plan in contravention of subsection (1) shall be null and void and shall have no legal validity whatsoever.”.

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

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

(3) No regulation made by the Minister shall have effect until it is approved by Parliament and notification of such approval is published in the Gazette.