As enacted

Contents

2. Amendment of section 2A of Act…

Official English translation. The Sinhala text prevails.

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: -

(1)

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

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.”;

(2)

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.”;

(3)

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: -

“the chief executive officer may –

(a)

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 –

(i)

restraining such person, his agents and servants from acting in contravention of the provisions of subsection (1);

(ii)

granting the chief executive officer, the authority-

(aa)

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

(ab)

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

(ac)

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

(iii)

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

(aa)

in the demolition of any building or construction;

(ab)

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

(ac)

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

Sri Lanka Land Development Corporation

(b)

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.”.

(4)

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

“(6) 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 Chief

Executive Officer of the Corporation or the officer or servant authorised by the Chief Executive Officer shall direct such person to comply with the same within the time specified in such direction and where such person fails to do so, the Chief Executive

Officer may –

(a)

(i)

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

(ii)

granting the Chief Executive Officer, the authority-

(aa)

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

(ab)

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

(ac)

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

(iii)

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

(aa)

in the demolition of any building or construction;

(ab)

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

(ac)

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

(b)

Read on from s 3