17. Amendment of Schedule I of the principal enactment

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

The Schedule I of the principal enactment is hereby amended as follows :—

(1)

in item 3 of that Schedule—

(a)

by the substitution for paragraph (3) of that item, of the following paragraph :—

“(3) Where paragraphs (1) or (2) applies and-

(a)

the licensee has made all reasonable efforts to secure the grant of a way leave ; and

(b)

such efforts have been unsuccessful, the Divisional Secretary of the administrative district in which the land, over which the way leave is being requested for or from which an electrical line which is installed is requested to be removed, as the case may be, shall within six weeks of an application being made in that behalf by the licensee concerned, and :-

(i)

upon holding an inquiry after giving an opportunity to the owner or occupier of the land concerned, of being heard ; and

(ii)

on being satisfied that it is necessary or expedient for the licensee to install and keep installed an electrical line on, under or over the land of the owner or occupier concerned, in order to carry on the activities which the licensee is authorized by its licence to carry on, may either unconditionally or subject to such terms, conditions and stipulations as such Divisional

Secretary considers appropriate, authorize the licensee or prohibit the licensee, as the case may be, from carrying on the activities mentioned in paragraph (1) or (2).

(3A)

Where upon the conclusion of an inquiry the Divisional Secretary is satisfied that the acquisition of the way leave has become necessary for the purpose of carrying on the activities authorized by the licence of the licensee, the Divisional Secretary shall, within six weeks of an application being made by the licensee in that behalf, make his recommendations pertaining to the same, to the Commission. The

Commission shall, on being satisfied that it is necessary or expedient, to acquire the land or to install and keep installed an electrical line on, under or over the land concerned in order to carry on the activities which the licensee is authorized to carry on under the licence, recommend to the Minister the acquisition of the same. Thereupon the Minister shall approve the acquisition by Order published in the

Gazette and the way leave shall thereupon be deemed to be required for a public purpose and be acquired under the Land Acquisition Act and transferred to the licensee. Any amount payable for such acquisition, shall be paid for by the licensee.”; and

(b)

by the omission of paragraph (5) of that item ;

and

(2)

in item 6 of that Schedule :—

(a)

in paragraph (4) of that item, by the substitution for the words “twenty one days” and for the words “may cause”, of the words “seven working days” and of the words “shall cause”

respectively ; and

(b)

in paragraph (5) of that item, by the substitution for the words “twenty one days” and for the words “to the Commission.”, of the words

“seven working days” and of the words “to the Commission or to a person appointed by the Commission for that purpose, respectively.”.

Read on from s 18