As enacted

Contents

4. Amendment of section 4A of the principal enactment

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

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.

(4)

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

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

Sri Lanka Land Development Corporation 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 (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 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

(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 the construction into custody; or

(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.

(5)

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 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)

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 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

Sri Lanka Land Development Corporation

(ac)

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

(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 the 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 5