5. Insertion of new section 4A in the principal enactment

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

The following new section is hereby inserted in Part I immediately after section 4 of the principal enactment and shall have effect as section 4A of that enactment :—

4A. (1) Any area of land on a canal bank may be declared by Order published in the

Gazette, as a canal reservation by the Minister with the consent of the local authority within whose area of authority such area of land is situated, and such Order shall define the area declared by setting out metes and bounds of that area.

(2)

No building or any structure whether temporary or otherwise shall be constructed on any area declared to be a canal reservation under subsection (1) without the written approval of the chief executive officer of the

Corporation. An approval given under this subsection shall be subject to such terms and conditions as may be determined by the chief executive officer on the recommendation of the

Divisional Secretary or the Provincial

Commissioner of Lands of the division or the

Province respectively, where the land is situated.

“Declaration of canal reservations.

(3)

Every person who acts in contravention of the provisions of subsection (1) or fails to comply with such terms and conditions subject to which an approval has been granted under subsection (2) shall be guilty of an offence under this Act.

(4)

Where the chief executive officer of the

Corporation is informed that any person is acting in contravention of subsection (2) he may make an application to the Magistrate’s

Court within whose local jurisdiction the area declared as a canal reservation is situated for the issue of an order restraining him or his agents or servants from acting in contravention of the provisions of subsection (2) and for an order granting authority to demolish any building or stucture constructed on any such area declared as a canal reservation.

(5)

If on the conclusion of the inquiry the

Magistrate is satisfied that the building or structure had been constructed without the written approval of the chief executive officer he shall make an order restraining such person or his servants and agents from doing any act in contravention of this section and further order the demolition of such building or structure as the case may be.

(6)

Where any person to whom approval had 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 may direct such person to comply with the same and where such person fails to do so, he may make an application to the Magistrate’s Court within whose jurisdiction such canal reservation or any part thereof is situated and obtain an order–

(a)

restraining such person, his agents and servants from acting in contravention of the terms and conditions imposed;

and

(b)

enabling the Corporation to carry out or cause to be carried out, the construction work in compliance with the terms and conditions imposed and charge the cost of such construction work on that person.

(7)

The provisions of section 20A of this Act shall apply in respect of an application made under subsection (4) and subsection (6).”.

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