Agrarian Development (Amendment) Act 2011 · As enacted
13. Insertion of new Part IVA in the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The following new Part is inserted immediately after section 42 of the principal enactment and shall have effect as Part IVA of that enactment:—
“PART IVA
BOARDS OF REVIEW
42A. (1) The Judicial Service Commission shall appoint a Panel of not more than nine persons from among the persons who have a wide knowledge in the fields of law and agrarian services for the purpose of establishing Boards of Review for a period of three years.
Where a member of the Panel vacates office by reason of death, resignation, removal from office, absence from Sri Lanka or illness, another person shall be appointed in his place subject to the provisions of subsection (1).
(a) A person appointed in place of a member who had died, resigned or been removed from office shall hold office for the unexpired portion of the term of office of the member whom he succeeds.
A person appointed to act for a member who is absent from Sri Lanka or is ill, shall hold office for the period of absence or illness of the member whom he succeeds.
“Right of
Appeal.
Boards of
Review.
One of the members of the Panel shall be appointed as the Chairman of the Panel.
(a) There shall be established for the purpose of this Act, such number of Boards of
Review as may be determined by the
Commissioner-General.
The Commissioner-General shall derermine from among such number of Boards of Review, the number of Boards which are required for any particular Administrative
District, depending on the requirement of such
District:
Provided that, the number of Boards determined by the Commissioner-General as being operated within an Administrative
District shall not exceed three such Boards.
It shall be the duty of any Board of
Review established under subsection (5) to entertain appeals of any aggrieved party referred to such Board of Review under the provisions of this Act and the proceedings in respect of any such appeal shall be concluded within a period of six months from the date of receipt of any such appeal by the Board of
Review.
Each Board of Review, shall comprise three members selected by the Chairman from among the members of the Panel appointed under subsection (1) for the purpose of exercising the power conferred on a Board of
Review under subsection (6). The Chairman may select himself as a member of any particular
Board of Review.
Where the Chairman of the Panel is a member of a Board of Review constituted under this section then he, or where he is not a member of a Board, then such member of the Board as may be nominated by such Chairman, shall be the President of such Board of Review.
There shall be appointed to each Board of Review a Secretary, who shall in respect of every appeal heard by the Board, keep a record of all such proceedings before the Board as relates to that appeal.
A Board of Review may examine any witness on oath if it thinks fit so to do, and may summon any person to appear before it or to produce any documents which may be relevant in the opinion of the Board.
The documents, notices or summons issued under the hand of the President of a
Board of Review or the Secretary of a Board of
Review, shall be deemed to have been issued by that Board of Review.
When a Board of Review, has issued or deemed to have issued summons on any person and such person,—
fails without reasonable cause to appear before the Board of Review at the time and place mentioned in the summons;
or
refuses without reasonable cause to be sworn or affirmed, or having been duly sworn or affirmed, refuses or fails without reasonable cause to answer any question put to him by a member of the
Board of Review touching the matters to be heard and determined by such
Board, or willfully gives a false answer to any such question; or
refuses or fails without reasonable cause to produce before the Board of Review any document which is in his possession and which he has been required to produce, such person shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding rupees ten thousand or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment.
Regulations may be made in regard to the allowances to be paid and procedure to be followed at the meeting of a Board of Review.
42B.
When the
Where any party to any such appeal has not preferred an appeal to the High Court of the Province against the decision of the
Board of Review within thirty days of the receipt by him of the notice of the decision of the Board of Review, the decision of the Board of Review shall be given effect to.
Board of
Where any such party has preferred an appeal to the High Court of the Province against the decision of the Board of Review, within thirty days of the receipt by him of the decision of the Board of Review, the decision of the High Court of the Province given in repeal thereof, shall be given effect to.”.