10. Replacement of the Third Schedule to the principal enactment

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

The Third Schedule to the principal enactment is hereby repealed and the following Schedule is substituted therefore:-

“THIRD SCHEDULE

[ Sections 51 and 72]

Rules

1. (a) The group of relatives from which a successor may be nominated for the purposes of section 51 shall be as set out in the subjoined table.

(b)

The title of a holding or the land for the purposes of section 72, shall devolve on one only of the group of relatives of the permit holder or owner in the order of priority in which they are respectively mentioned in the subjoined table. The older being preferred to the younger where there are more relatives than one in any group.

(c)

Where in any group of relatives mentioned in the subjoined table there are two or more persons of the same age equally entitled and willing to succeed to the title to the holding or the land, the title to the holding or the land shall devolve on such persons as may be determined by the Divisional Secretary of the relevant Divisional

Secretary’s Division where the land is situated.

(d)

Notwithstanding the provisions of paragraphs (b) and (c)

above-

(i)

where any person in the order of priority in which they are respectively mentioned in the subjoined table developed such land, the title to the holding or the land shall not devolve on the older person referred to in paragraph (b) but on the person who developed such land; or

(ii)

where there are two or more persons in the order of priority in which they are respectively mentioned in the subjoined table developed the land, the title to the holding or the land shall devolve on such persons who developed such land.

2. If any relative on whom the title to a holding or land devolves under the provisions of these rules is unwilling to succeed to such holding or land, the title thereto shall devolve upon the relative who is next entitled to succeed subject to the provisions of rule 1.

3. The Divisional Secretary shall, on being satisfied of the material facts before him and for reasons specified by him, determine such person or persons referred to in rule 1 according to the by laws, rules and regulations pertaining to the unit of subdivision or the minimum fraction specified by the relevant local authority, the provisions of the Agrarian Development Act, No. 46 of 2000 and the Irrigation

Ordinance (Chapter 453).

Table

(i)

Children

(iv)

Siblings

(ii)

Grand Children

(v)

Uncles and Aunts

(iii)

Parents

(vi)

Nephews and Nieces

In this rule–

“Children” includes a child adopted according to law; and

“relative” means a relative by blood or adoption according to law and shall not include a relative by marriage.”.

Read on from s 11