9. Insertion of new sections 20D and 20E in 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 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.

(b)

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.

(c)

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

No. 30 of 1997 shall apply.

(2)

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

shall forthwith be produced before the

Magistrate’s Court.

“Procedure to be followed by a police officer

Sri Lanka Land Development Corporation

(3)

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

of section 4A, the Court may order such person-

(a)

to demolish any building or construction; and

(b)

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

Court.

(4)

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

of section 4A, the person so convicted shall for every day in respect of which the offence is so continued after conviction pay a fine of one thousand rupees for each such day.

(5)

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

of section 4A, all the implement, instrument, machinery, vehicle or document used by such person in committing such offence, shall subject to the provisions of paragraph (b) be forfeited to the State.

(b)

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-

(i)

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

(ii)

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

20E. Where an offence under this Act or any regulation made thereunder is committed by a body of persons, then if that body of persons -

(a)

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

(b)

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

Provided however, that a director, an officer, a servant or an agent of a body corporate or a partner, an officer, a servant or an agent of a partnership, as the case may be, shall not be deemed to be guilty of such offence, if he proves to the satisfaction of the Court that such offence was committed without his knowledge or that he had exercised all due diligence as was necessary to prevent the commission of such offence.”.

Read on from s 10