6. Amendment of section 7 of the principal enactment

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

Section 7 of the principal enactment is hereby amended—

(1)

by the repeal of subsection (6) thereof and substitution therefor of the following:—

“(6) The landlord of the extent of paddy land and the person evicted shall be given an opportunity of being heard in person or through a representative, at an inquiry held by the respective Agrarian Tribunal. On the conclusion of the inquiry, the decision of the Agrarian

Tribunal shall be communicated in writing by registered post to the Commissioner-General, the landlord and the person evicted.”;.

(2)

by the insertion immediately after subsection (6)

thereof of the following new subsections:—

“(6A) The landlord or the person evicted who is aggrieved by the decision of the Agrarian

Tribunal may, within thirty days of the communication of the decision to him, appeal therefrom to the Board of Review established under section 42A either on a question of law or fact. Such appeal shall be submitted to the

Commissioner-General within the time period allowed for such appeal and the Commissioner-General shall forthwith refer such appeal to the

Panel appointed under subsection (1) of section 42A to be heard and concluded by a Board of

Review established under the provisions of subsection (5) of section 42A.

(6B)

The Board of Review established under subsection (5) of section 42A shall inquire into all appeals referred to such Board under subsection (6A) and inform the parties thereto and the Commissioner-General in writting by registerd post of its decision thereon.

(6C)

The landlord or the person evicted who is aggrieved by the decision of the Board of

Review may, within thirty days of the communication of the decision to him, appeal to the High Court of the Province against such decision on a question of law. A copy of the appeal shall be sent to the Commissioner-General by registered post at the time when the appeal is made.

(6D)

Where no appeal is made against the decision of the Board of Review within the time allowed therefor, such decision shall be final.”;

(3)

by the repeal of subsection (7) thereof and the substitution therefor of the following:—

“(7) Where at any inquiry referred to in subsection (6B) the Board of Review decides that—

(a)

eviction has taken place and no appeal has been made under subsection (6C)

against such decision within the time allowed therefor or the High Court of the Province has, in an appeal made under subsection (6C) confirmed the decision of the Board of Review; or

(b)

eviction has not been taken place and the High Court of the Province has, in an appeal made under subsection (6C), varied the decision of the Board of

Review and confirmed the fact that eviction has in fact taken place, then, in any one of the above situations—

(i)

the person evicted shall be entitled to have the use and occupation of the extent of paddy land restored to him; and

(ii)

the Commissioner-Genetal shall on receipt of the decision of the

Board of Review or the High Court of the Province, as the case may be, by an order in writting require all persons in occupation of the extent of paddy land in dispute to vacate such extent on or before such date as shall be specified in such order, and if such persons fail to comply with such order, they shall be evicted from such extent in accordance with the provisions of section 8; and

(iii)

the landlord of such extent shall be required to pay damages at such rate as may be prescribed to the person mentioned in sub-paragraph (i), for each day during which such person in respect of whom an order has been made, continues to occupy such extent after the date specified in such order, unless the Board of Review or the High Court of the Province has determined that such person was evicted without the knowledge, consent or connivance of the landlord.”.

Read on from s 7