Sri Lanka Land Reclamation and Development Corporation (Amendment) Act 2006 · පනවන ලද පරිදි
8. Insertion of new sections 20A and 20B in the principal enactment
නිල ඉංග්රීසි පරිවර්තනය. සිංහල පාඨය බලපවත්වයි. නිල Sinhala පාඨය විවෘත කරන්න, documents.gov.lk හි නිල PDF
නිල පරිවර්තනයවෙනස් නොකළ පාඨය, Department of Government Printing වෙතින්
The following new sections are hereby inserted immediately after section 20 of the principal enactment and shall have effect as sections 20A and 20B of that enactment :—
20A. (1) Every application for an order under subsection (5) of section 2A, subsection (5) of section 2B, subsection (4) 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 the
Magistrate shall forthwith issue summons on the person named in the application to appear and show cause on the date specified in such summons (being a date not later than two weeks from the date of issue of such summons) as to why he or his servants or agents should not be restrained as prayed for in the application.
If on the date specified in the summons the person to whom such summons has been issued fails to appear or informs the Court that he has no cause to show against the issuing of such order the Court shall forthwith issue an order as prayed for in the application.
If the person on whom summons has been issued duly appears in Court and states that he has cause to show against issuing such order the Court may proceed forthwith or may set the case for inquiry on a later date.
The Court shall be competent to call for any evidence from the chief executive officer of the Corporation in support of the application.
“Procedure for application for restraining
Order.
The Court may at the conclusion of the inquiry, issue an order as specified in section 2A, or section 2B or section 4A or section 20c as the case may be, or dissmiss the application.
20B.
chief
Where in any proceeding instituted under this Act, a question arises as to whether any land is situated within,
an area declared by Order under section 2
to be a Reclamation and Development area ; or
an area determined by an Order under section 2B to be a low-lying, marshy, waste or swampy area ; or
an area declared by Order under section 4A to be a canal reservation, a Certificate under the hand of the chief executive officer of the Corporation to the effect that the land specified in such certificate is situated in a reclamation and development area or a low-lying, marshy, waste or swampy area or a canal reservation, as the case may be, shall be admissible in evidence and shall be prima facie evidence of the facts stated therein.
20c. (1) Any person who pollutes or causes the pollution of any canal of which a canal reservation has been declared by Order under section 4A, by dumping or discharging into such canal any pollutant shall be guilty of 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
Certificate of executive officer to be prima facie evidence of the facts therein.
Pollution of canals an offence.
five hundred thousand rupees and in the event of the offence being continued after conviction therefor with a fine of one thousand rupees for each day that the offence is so continued.
Where such pollution—
continues unabated for a period exeeding fourteen days after such conviction ; or
causes a serious threat to the maintenance of the free flow or safety or quality of water of such canal.
the Magistrate shall forthwith upon an application being made by the Corporation by Order require the persons causing such pollution to eliminate the causes of pollution by closing down any business, trade or the activity which is directly or indirectly responsible for causing such pollution with the assistance of the fiscal or police as shall be necessary in the circumstances .
For the purpose of this section “pollution”
and “pollutant” shall have the same meaning as in the National Environmental Act, No. 47 of 1980.”.