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Short title.
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1. The Land Reform Commission established of Possession) (Amendment) Act, No. 58 of 1981.
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Insertion of new section 6A in Act . No. 7 of 1979.
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2. The following new section is hereby inserted immediately after section 6, and shall have effect as section 6A of the State Lands (Recovery of Possession) Act, No.7 of 1979 (hereinafter referred to as ” the principal enactment “) :
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Applications for ejectment to be disposed of within certain periods.
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6A.Every application made under section 5 shall be finally disposed of within a period of two calendar months from the date of such application and where a court; makes, in pursuance of any such application, an order under section 7 or section 10, directing that any person be ejected from the land referred ‘to in that order, the court shall make all such orders as are necessary to ensure that such persons are ejected from that land within a period of three months from the date of the application for ejectment.”.
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Insertion of new section 11A in the principal enactment.
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3. The following new section is hereby inserted immediately after section 11, and shall have effect as section 11A, of the principal enactment ;
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” Re-entry in land after ejectment to be an offence.
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11A.
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(1) Any person who re-enters, except under a valid permit or other written authority of the State granted in accordance with any written law, any land within a period of ten years of his being ejected therefrom in the execution of an order made under section 7 or section 10, shall be guilty of an offence under this Act and shall be liable on conviction after summary trial be rare a Magistrate to imprisonment for a term which may extend to five years or to a fine which may extend to one thousand rupees or to both such fine and imprisonment.
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(2) Upon the institution of any proceedings: against any person for an offence under subsection (1), the Magistrate shall, on proof that such person was ejected, in, the execution of an order under section 7 or section 10, from the land in respect of which the offence is alleged to have been committed, forthwith order the ejectment of such person and his dependants if any, from such land pending the conclusion of those proceedings.”.
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Amendment of section 14 of the principal enactment.
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4. Section 14 of the principal enactment is hereby amended as follows :
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(1) by the renumbering of that section as subsection (1) of that section; and
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(2) by the insertion, immediately after subsection (1) of that section, of the following new subsection:
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” (2) A competent authority shall not exercise any power conferred on him by section 3 in relation to any land vested in, owned’ by, or under the control of-
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(a) the Sri Lanka Army or the Sri Lanka Navy or the Sri Lanka Air Force, except with the prior approval of the Minister in charge of the subject of Defence;
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(b) the Urban Development Authority ‘established by the Urban Development Authority Law. No. 41 of 1978, except with the prior approval of the Minister in charge of that Authority;
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(c) the Sri Lanka Ports Authority established by the Sri Lanka Ports Authority Act, No. 51 of 1979, except with the prior approval of the Minister in charge of that Authority.”.
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Amendment of section 18 of the principal enactment.
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5. Section 18 of the principal enactment is hereby amended as follows:
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(1) by the substitution, for ‘the definition of “competent authority”, of the following definition:
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“competent authority” used in relation to any land means the Government Agent, an Additional Government Agent or an Assistant Government Agent of the district in which the land is situated and, includes
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(a) the Commander of the Army, where such land is under the control of the Army;
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(b) the Commander of the Sri Lanka Navy, where such land is under the control of the Sri Lanka Navy;
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(c) the Commander of the Sri Lanka Air Force, where such land is under the control of the Sri Lanka Air Force;
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(d) the General Manager of Railways, where such land is under the control of the Railway Department;
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(e) the Commissioner for National Housing, where such land is under the control of the Department of National Housing;
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(f) the Commissioner of Local Government, where such land is under the control of a local authority;
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(g) any other public officer authorized by the Government Agent in respect of any matter or provision of this Act; and
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(h) an officer generally or specially authorized by a corporate body, where such land is vested in or owned by or under the control of, such corporate body.’ :
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(2) by the substitution for the definition of “State land”, of the following definition:-
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“State land “, of the following definition; State land” means land to which the State is lawfully entitled or which may be disposed of by the State together with any building standing thereon, and with all rights, interests and privileges attached or appertaining thereto, and includes
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(a) land vested in, or under the control of, the River Valleys Development Board and the Mahaweli Development Board or any other authority charged with the function of developing State land or any local authority; and
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(b) land vested in or owned by under the control of –
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(i) the Land Reform Commission established by the Land Reform Law, No.1 of 1972 ;
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(ii) any corporate body established by or under the Rubber Research Ordinance, the Sri Lanka State Plantations Corporation Act,: No.4 of 1958, the State Agricultural Corporations Act, No. 11 of 1972, the Sri Lanka Tea Board Law, No. 14 of 1975, the Silk and ,Allied Produce Development Law, No. 30 of 1975, the Tea Small Holdings Development Law, No. 35 of 1975, the Urban Development Authority Law, No. 41 of 1978, or the Sri Lanka Ports Authority Act, No. 51 of 1979, as the case may be.
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Amendment of the Schedule.
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6. The Schedule to the principal enactment is hereby amended in form C thereof, by the substitution, for the words and figures-
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” Affirmed * /Sworn before me by the deponent on this day of 197.”. of the words and figures,
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” Affirmed Sworn before me by the deponent at. . . . . . on this. . . .. . .. day of ” 19.”,
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