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

33. Filling up of paddy land or utilising paddy land for any purpose other than cultivation

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

(1)

No person shall fill any extent of paddy land or remove any soil from any extent of paddy land or erect any structure on any extent of paddy land except with the written permission of the Commissioner-General.

(2)

Any person who contravenes the provisions of subsection (1) shall be guilty of an offence under this Act.

(3)

Where the Commissioner-General, or the Additional

Commissioner-General or Commissioner or Deputy

Commissioner or Assistant Commissioner is informed that any person is acting in contravention of the provision of subsection (1) the Commissioner-General or the Additional

Commissioner-General or Commissioner or Deputy

Commissioner or Assistant Commissioner may make an application in writing, substantially in the Form set out in the

Schedule to this Act to the Magistrate’s Court within whose local jurisdiction such extent of paddy land or any part thereof, is situated and praying for the issue of an order restraining the person so contravening the provisions of subsection (1)

and his agents and servants from acting in contravention of the provisions of subsection (1).

(4)

Every application under this section shall be supported by an affidavit verifying to the matters set forth in the application.

(5)

Upon receipt of the application the Magistrate shall determine whether an act has been committed in contravention of this section and upon arriving at such determination the

Magistrate shall make an interim order restraining the person named in the application and his servants or agents from acting in contravention of subsection (1) and shall forthwith issue summons on the person or persons named in the application to appear and show cause on the date specified in such summons, as to why such person or and servants or agents should not be restrained, as prayed for in the application.

(6)

(a)

If on the date specified in the summons the person to whom such summons has been issued fails to appear or informs the court that he has no cause to show against the issuing of such order the court shall confirm the interim order.

(b)

If the person on whom summons has been issued duly appears in court and states that he has cause to show against issuing of such order, the Magistrate’s Court may proceed forthwith to inquire into the same or may set the case for inquiry on a later date.

(7)

Court shall not be competent to call for any evidence from the Commissioner-General, or Additional

Commissioner-General or Commissioner or Deputy

Commissioner or Assistant Commissioner in support of the application.

(8)

If after the inquiry the Magistrate is not satisfied that the person showing cause has lawful authority to fill the extent of paddy land or remove any soil therefrom or erect a structure thereon, he shall confirm the interim order made under subsection (5) restraining such person and his servants and agents from doing any act in contravention of this section.

(9)

(a)

Where any person is convicted for an offence under subsection (2) of this section the Court may make order that any implements, instruments, machinery or vehicles used in, or in connection with, the commission of the offence shall be forfeited to the State. Any implement, instrument, machinery or vehicle so forfeited to the State shall vest in the State free from all encumbrances. Such vesting shall take effect—

(i)

where no appeal has been preferred to the Court of

Appeal or a High Court established by Article 154P of the Constitution against the order of forfeiture, upon the expiry of the period within which an appeal may be preferred to Court of Appeal or such High

Court ;

(ii)

where an appeal has been preferred to the Court of

Appeal or to the High Court established under Article 154P of the Constitution against the order of forfeiture, upon the determination of the Appeal confirming or upholding the order of forfeiture.

(b)

The Commissioner-General shall take possession of any implement, instrument, machinery or vehicle vested in the State under this section and may sell or otherwise dispose of the same as he may think fit. The proceeds of such sale shall be credited to the Agrarian Development Fund.

Read on from s 34

Part III

Read on from Part III

Part IV

Establishment of Agrarian Tribunals

Read on from Part IV

Part V

Institutional Structure of Farmers’ Organisations

Read on from Part V

Part VI

Agrarian Development Councils

Read on from Part VI

Part VII

Irrigation Work and the Management of Irrigation Water

Read on from Part VII

Part VIII

General Provisions

Read on from Part VIII

Schedules