8. Insertion of sections 104A, 104B, 104C, and 104D to the principal enactment

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

The following new sections are hereby inserted immediately after section 104 of the principal enactment which shall have effect as sections 104A, 104B, 104C and 104D:-

104A. (1) If it appears to the Commissioner-General of Lands on the information as may be available or received from a person having an interest to the title of the holding under the provisions of this Act, as the case may be, that the owner of a holding has deliberately given false information in order to obtain a grant or the grant has been issued to a person other than the legitimate occupant, the Commissioner-General of Lands shall issue a notice to the owner or occupier of a holding in the prescribed form.

(2)

Such notice shall specify that the grant issued in respect of such holding may be cancelled for reasons shown unless sufficient cause to the contrary is shown by the owner to the Commissioner-General of Lands on a date and at a time and place specified in such notice.

(3)

The Commissioner-General of Lands may, on the information as may be available also cause a copy of such notice to be served on a person having an interest to the title of the holding under the provisions of this Act.

104B. The date specified in a notice issued under section 104A shall not be less than thirty days from the date of the issue of such notice on the owner.

“Notice to owner of holding who obtained grant on false information

Period allowed for showing cause

104C.

Notice to be posted on land and served on interested parties

(1)

The notice shall be served on the owner of the holding through registered post and a copy of the notice shall be affixed in a conspicuous place on the holding.

(2)

Where–

(a)

an owner who has been served with a notice under subsection (1) cannot be found by the exercise of due diligence, the notice shall be deemed to be duly served on that owner if a copy thereof is left with some member of the family of such owner or with a person residing with such owner; or

(b)

there is no member of the family of that owner on whom the notice can be so served, the notice shall be deemed to be duly served on that owner if a copy thereof is affixed to some conspicuous part of the house or home in which the owner ordinarily resides.

104D.

Cancellation of a grant

(1)

Where a person who has been served a notice, fails to appear on the date and at the time and place specified in a notice or appears and states that he has no cause to show why the grant should not be cancelled, the

Commissioner-General of Lands may, if the

Commissioner-General of Lands is satisfied that there has been due service of such notice and that the grant has been obtained fraudulently, make recommendations together with the reasons for such recommendations to the Minister to whom the subject of Lands is assigned on the cancellation of such grant.

(2)

The Minister may, where necessary call for further clarifications from the

Commissioner-General of Lands in respect of such recommendations.

(3)

Where the Minister is satisfied that there has been reasons to cancel the grant, the

Minister shall forward the recommendations made by the Commissioner-General of Lands to the President.

(4)

The President may, having considered the recommendations of the Commissioner-General of Lands make order whether or not to cancel the grant.

(5)

Upon the receipt of the order of the

President, the Commissioner-General of Lands shall inform such order to the relevant persons referred to in section 104C and take necessary action to comply with the order of the

President.”.

Read on from s 9