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As enacted
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Part II · Utilising Agricultural Lands in Accordance with Agricultural Policies

32. Using a paddy land for a purpose other than an agricultural cultivation without the permission of the Commissioner-General to be punishable

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Any person who, without obtaining written permission from the Commissioner-General—

(a)

fills up an extent of paddy land with soil or other material or attempts to fill up such extent of paddy land ;

(b)

uses any extent of paddy land for a purpose other than an agricultural purpose or does any other act for such purpose ;

(c)

constructs any structure within any extent of paddy land or does any act in furtherance of such purpose ;

(d)

removes soil from an extent of paddy land or attempts to do so ; or

(e)

utilises an extent of paddy land in violation of the terms and conditions of the permission issued by the

Commissioner-General, shall be guilty of an offence under this Act.

(2)

Any person who aids or abets a person in committing any of the acts specified in subsection (1) shall be guilty of the same offence.

(3)

When any person commits an offence under subsection (1) the Commissioner-General or an officer appointed in accordance with subsection (2) of section 38 shall forthwith issue notice to all such persons involved, to abstain from committing such offence. The exhibition of such notice in or on a prominent place in such extent of paddy land shall be deemed to be service on all such persons.

(4)

A notice which is exhibited under subsection (3) on any extent of paddy land, shall contain a brief statement giving the nature of the offence committed in respect of that extent of paddy land, and the penalty to which such person could be made subject for the commission of the offence, if proved.

(5)

Where an offence under subsection (1) is being committed by any person or when any course of action is taken to do so, an officer appointed under subsection (2) of section 38 shall complain to the officer in charge of the police station of the area where such extent of paddy land is situated.

(6)

Upon a complaint under subsection (5) being made the officer in charge of such police station shall take into custody all persons mentioned in such complaint and all persons as he believes are involved in such offence and any implements, instruments, machinery, vehicle or any other article or document.

(7)

All such persons as are taken into custody under subsection (6) and any implement, instrument, machine, vehicle or any other article or document shall forthwith be produced before the Magistrate’s Court.

(8)

Every person guilty of an offence under this section shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred thousand rupees or to imprisonment of either discription for a term not exceeding six months.

(9)

Upon conviction of a person of an offence under this section, the person so convicted shall for every day in respect of which the offence is so continued after conviction be required to pay a fine of one thousand rupees for each such day.

(10)

Where a person is convicted of an offence under this section, the court may order such person to remove any soil, material or construction with respect to which such offence was committed within such period as may be specified by court.

Part III

Part IV

Establishment of Agrarian Tribunals

Part V

Institutional Structure of Farmers’ Organisations

Part VI

Agrarian Development Councils

Part VII

Irrigation Work and the Management of Irrigation Water

Part VIII

General Provisions

Schedules