Sri Lanka Land Development Corporation (Amendment) Act 2021

This Act may be cited as the Sri Lanka Land

Development Corporation (Amendment) Act, No. 13 of 2021.

Section 2A of the Sri Lanka Land Development

Corporation Act, No. 15 of 1968 (hereinafter referred to as the “principal enactment”) is hereby amended as follows: -

in subsection (3) of that section, by the substitution for the words “shall be guilty of an offence under this Act.” of the words “commits an offence and be liable on conviction after summary trial before a

in subsection (4) of that section, by the repeal of all the words and figures from “to prevent such person from carrying on the unlawful activity,” to the end of that subsection, and the substitution therefor of the words “to prevent such person from carrying on the unlawful activity.”;

in subsection (5) of that section, by the repeal of all the words and figures from “he may make an application” to the end of that subsection, and the substitution therefor of the following: -

by the repeal of subsections (6), (7) and (8) of that section and the substitution therefor of the following subsections: –

Section 2B of the principal enactment is hereby amended as follows:-

in subsection (3) of that section, by the substitution for the words “shall be guilty of an offence under this Act.”, of the words “commits an offence and be liable on conviction after summary trial before a

by the repeal of subsections (5), (6) and (7) thereof, and the substitution therefor, of the following subsections: –

Section 4A of the principal enactment is hereby amended by the repeal of subsections (3), (4), (5), (6) and (7)

thereof and the substitution therefor of the following: -

“(3) Every person who acts in contravention of the provisions of subsection (2) commits an offence and be liable on conviction after summary trial before a Magistrate to a fine not less than one hundred thousand rupees and not exceeding five hundred thousand rupees or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.

Where the Chief Executive Officer is informed and upon being satisfied that any person is acting in contravention of the provisions of subsection (2), the Chief

make an application to the Magistrate’s Court within whose local jurisdiction such extent of land or any part thereof in which such unlawful activity

restraining such person, his agents and servants from acting in contravention of the provisions of subsection (2);

granting the Chief Executive Officer, the authority-

to demolish any building or construction which may have been erected whether wholly or partly on such extent of land;

to excavate or unearth and to remove the soil and materials used in the filling or the construction;

to take into custody any i m p l e m e n t , i n s t r u m e n t , machinery, vehicle or document used for such filling or construction; and

for the recovery of the total cost incurred by the Corporation-

in the demolition of any building or construction;

in the excavation or the unearthing and the removal of the soil and materials used in the filling or the construction; and

in the taking of any implement, instrument, machinery, vehicle or document used for such filling or the construction into custody; or

complain to the officer in charge of the police station of the area where such extent of land or any part thereof in which such unlawful activity is being carried on or wholly or partly carried out, is situated.

Where any person to whom approval has been granted under subsection (2) has failed to comply with the terms and conditions subject to which such approval was granted, the

make an application to the Magistrate’s Court within whose local jurisdiction such extent of land or any part thereof in which such unlawful activity is being carried on, is situated, for the issue of an order –

restraining such person, his agents and servants from acting in contravention of the terms and conditions imposed under the provisions of subsection (2);

granting the Chief Executive Officer, the authority-

to demolish any building or construction which may have been erected whether wholly or partly on such extent of land;

to excavate or unearth and to remove the soil and materials used in the filling or the construction;

to take into custody any i m p l e m e n t , i n s t r u m e n t , machinery, vehicle or document used for such filling or construction; and

for the recovery of the total cost incurred by the Corporation-

in the demolition of any building or construction;

in the excavation or the unearthing and the removal of the soil and the materials used in the filling or the construction; and

in the taking of any implement, instrument, machinery, vehicle or document used for such filling or construction into custody; or

complain to the officer in charge of the police station of the area where such extent of land or any part thereof in which such unlawful activity is being carried on or wholly or partly carried out, is situated.”.

Section 6 of the principal enactment is hereby amended by the repeal of subparagraphs (ii) and (iii) of paragraph (a) of subsection (1), and the substitution therefor, of the following: -

“(ii)

an Additional Secretary of the Ministry of the

Minister; and

the Director-General of the National Physical

Section 9 of the principal enactment is hereby amended by the insertion immediately after paragraph (e) of subsection (1), of the following new paragraph: -

“(ea) to enter into joint ventures, partnerships or other commercial agreements with foreign or local companies or individuals directly, jointly or otherwise, within or outside Sri Lanka with the concurrence of the Minister and in accordance with other written law to achieve the objects of the

Corporation by utilizing the skilled labour, expert knowledge and the experience of the Corporation;”.

Section 20A of the principal enactment is hereby repealed and the following section is substituted therefor: -

20A. (1) Every application for an order under subsection (5) or (6) of section 2A, subsection (5) of section 2B or subsection (4)

or (5) of section 4A or subsection (2) of section 20c shall be supported by an affidavit verifying the matters set out in the application.

Upon receipt of the application, where the Magistrate is satisfied that an act has been committed in contravention of the provisions of subsection (5) or (6) of section 2A, subsection (5) of section 2B or subsection (4) or (5) of section 4A, or subsection (2) of section 20c may make an interim order restraining such person, his agents and servants from carrying on such unlawful activity until such interim order is made permanent under the provisions of subsection (4) or (8) or is set aside under the provisions of subsection (8).

Summons shall be issued on the person against whom the interim order under subsection (2) is made or where an interim order has not been made by the Magistrate’s Court

If the person against whom such order has been made fails to appear before the Court on the date specified in subsection (3) or such person has no cause to show as to why the interim order made under subsection (2) shall not be made permanent, then the Court shall forthwith make the interim order permanent as prayed for in the application.

If the person against whom an interim order has not been made and against whom the summons has been served under subsection (3)

If such person appears in Court and states that such person has cause to show against the making of the interim order or the making of a restraining order, the Court may either proceed with the case forthwith or set the case for inquiry on a later date.

At such inquiry the person on whom summons under subsection (3) has been served, shall not be entitled to contest any of the matters stated in the application under subsection (1) except to show cause that –

the relevant area of the land is not a land that comes under sections 2, 2B or 4A of this Act; or

such person has complied with the terms and conditions of the approval under subsection (2) of section 2A or subsection (2) of section 4A or has complied with the requirements specified in the order made under subsection (1) of section 2B.

After the inquiry the Magistrate may either make the interim order permanent as prayed for in the application or set aside such interim order or make a restraining order as prayed for in the application or reject such application.

Where the Magistrate has made an order under subsection (4), (5) or (8), the

the Chief Executive Officer -

to demolish any building or construction which may have been erected whether wholly or partly on such extent of land;

to excavate or unearth and to remove the soil and materials used in the filling or the construction; and

to take into custody any implement, instrument, machinery, vehicle or document used for such filling or construction; and

the person against whom such order was made to pay the total cost incurred-

in the demolition of any building or construction;

in the excavation or unearthing of the soil and materials used in the filling or the construction;

in the removal of the soil and materials used for such filling or construction; and

in the taking into custody of any implement, instrument, machinery, vehicle or document used for such filling or construction.

The cost incurred by the Corporation, as specified in the statement of cost certified by a Chartered Civil Engineer and submitted with an affidavit to the Magistrate’s Court by the Chief Executive Officer shall be final and conclusive and be recovered from the person against whom the order was made in the same manner as a fine imposed by such Court and shall be credited to the Fund of the Corporation.

(a) Where an order under subsection (9) is made and the Magistrate has directed the Chief Executive Officer to take any implement, instrument, machinery, vehicle or document into custody, the Magistrate may subject to the provisions of subsection (12) make order that such implement, instrument, machinery, vehicle or document shall be forfeited to the State. Any implement, instrument, machinery, vehicle or document so forfeited to the State shall vest in the State free from all encumbrances. Such vesting shall take effect-

where no appeal has been preferred to the Court of Appeal or a High

where an appeal has been preferred to the Court of Appeal or to the High

The Chief Executive Officer shall take possession of any implement, instrument, machinery, vehicle or document vested in the

Where an order under subsection (9)

he has taken all precautions to prevent the use of such implement, instrument, machinery, vehicle or document; or

that such implement, instrument, machinery, vehicle or document have been used without his knowledge, for the commission of the offence.

(a) Where the Chief Executive Officer or the officer or the servant authorised by the

the demolition of any building or construction;

the excavation or unearthing of the soil and materials, used in the filling or the construction;

the removal of the soil and all materials used for such filling or construction; and

the taking into custody of any implement, instrument, machinery, vehicle or document used for such filling or construction, due to any obstruction or resistance which has been, or is likely to be made, the Chief

demolish any building or construction;

excavate or unearth the soil and materials used in the filling or the construction;

remove the soil and materials used for such filling or construction; and

take into custody any implement, instrument, machinery, vehicle or document used for such filling or construction.

Every application supported by an affidavit shall be conclusive evidence of the facts stated therein.

The Fiscal to whom an order is issued under paragraph (a) shall forthwith execute such order and report in writing to the Court, the manner in which such order was executed.

Where the Fiscal has demolished any building or construction, excavated or

Where an order under paragraph (a) is made, all the implements, instruments, machinery, vehicles or documents taken into custody by the Fiscal shall subject to the provisions of paragraph (f) be forfeited to the

Where an order is made under paragraph (a) for the taking into custody of any implement, instrument, machinery, vehicle or document and the owner of such implement, instrument, machinery, vehicle or document is a third party, no order of forfeiture shall be made, if the owner proves to the satisfaction of the Court that-

he has taken all precautions to prevent the use of such implement, instrument, machinery, vehicle or document; or

that such implement, instrument, machinery, vehicle or document have been used without his knowledge, for the commission of the offence.

The Minister may by regulations prescribe the forms of the applications and the affidavit.”.

Section 20c of the principal enactment is hereby amended by the substitution for the words, “application being made by the Corporation” of the words “application being made by the Chief Executive Officer”.

The following new sections are hereby inserted immediately after section 20C of the principal enactment and shall have effect as sections 20D and 20E of that enactment: -

20D. (1) (a) Upon a complaint under paragraph (b) of subsection (5) of section 2A, paragraph (b) of subsection (6) of section 2A, paragraph (b) of subsection (5) of section 2B, paragraph (b) of subsection (4) of section 4A, or paragraph (b) of subsection (5) of section 4A being made, the Officer-in-Charge of such police station shall take into custody all persons involved in the commission of such offence as having committed a cognizable offence together with any implement, instrument, machinery, vehicle or document.

A cognizable offence within the meaning of this Act shall be an offence for which a police officer may arrest a person in the first instance without a warrant.

All offences under this Act shall be non-bailable and the provisions of the Bail Act,

All such persons and any implements, instruments, machinery, vehicles or documents as are taken into custody under subsection (1)

Where a person is convicted of an offence under subsection (3) of section 2A, subsection (3) of section 2B or subsection (3)

to demolish any building or construction; and

to excavate or unearth and to remove the soil and materials used in the filling or the construction, in respect to which such offence was committed within such period as may be specified by

Upon conviction of a person of an offence under subsection (3) of section 2A, subsection (3) of section 2B or subsection (3)

(a) When a person is convicted of an offence under subsection (3) of section 2A, subsection (3) of section 2B or subsection (3)

Where the owner of any implement, instrument, machinery, vehicle or document is a third party, no order of forfeiture shall be made if the owner proves to the satisfaction of the Court that-

he has taken all precautions to prevent the use of such implement, instrument, machinery, vehicle or document; or

such implement, instrument, machinery, vehicle or document have been used without his knowledge, for the commission of the offence.

is a body corporate, every director, officer, servant or agent of such body corporate; or

is a partnership, every partner, officer, servant or agent of such partnership, shall be guilty of that offence:

Section 22A of the principal enactment is hereby amended by the substitution for the words “is prescribed shall”, of the words “is prescribed shall, on conviction after summary trial before a Magistrate,”.

Offences committed by a body of persons or a partnership

Sri Lanka Land Development Corporation

Section 28 of the principal enactment is hereby amended as follows: -

by the insertion immediately before the definition of the term “Corporation”, of the following new definition: -

by the insertion immediately after the definition of the term “Corporation”, of the following new definition: -

All actions, prosecutions and proceedings pending or incomplete on the date of commencement of this Act may be carried on and completed after the date of commencement of this Act as if the provisions of the Sri Lanka Land

Development Corporation Act were not amended.

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.