பாராளுமன்றச் சட்டம் · இயற்றப்பட்டவாறு
Land Development (Amendment) Act 1981
கருத்துகள் மற்றும் உதவிஅதிகாரப்பூர்வ ஆங்கில மொழிபெயர்ப்பு. சிங்கள அல்லது தமிழ் உரையிலிருந்து வேறுபடும் இடங்களில் எந்த உரை மேலோங்கும் என்பதைச் சட்டமே குறிப்பிடுகிறது.
அதிகாரப்பூர்வ மொழிபெயர்ப்பு, ஸ்கேன் செய்யப்பட்ட பிரதியிலிருந்து படிக்கப்பட்டதுDepartment of Government Printing-இன் ஸ்கேன் செய்யப்பட்ட PDF-இலிருந்து, OCR மூலம் படிக்கப்பட்டது; பிழைகள் இருக்கலாம்
s 3Replaccment of Chapters II and II of the principal enactment,
Chapters II and III of the principal enactment are hereby repealed and the following chapters substituted therefor :—
“ CHAPTER II
MaprPinc-Our or Stare LAanp
Purposes
8. Subject to the general or special direc-for which tions of the Land Commissioner, State land
‘ate land
;
may be may be mapped out by the Government mapped out.
Agent for any one or more of the following purposes :—
village expansion
;
village forest
;
village pasture
;
village purposes not herein specified ;
human re-settlements ;
protection of the sources or courses of streams
;
prevention of the erosion of the goil ;
.
forest reserves
;
Government purposes, including
Government buildings, reads or works
;
and diagram
‘section 9 for agricultural .
committee to return within thirty days the scheme and diagram observations.
reservations for climatic and other ecological purposes and environmen-.
:
‘tal protection
;
preservation of objects of archaeolo-gical or historical interest ;
the requirements of local authorities
;
the development of towns
;
alienation to certain classes of persons
;
any other purpose that may be pres cribed, having regard to the protec-tion, conservation and development needs of the area.
9.
Scheme. and
When State land has been mapped out in accordance with the provisions of section 8, the Government Agent shall cause to be prepared—
be prepared by Govern-ment Agent,
a scheme specifying the mapped-out
. . @reas and the purposes for which the ands in such areas have been respec-tively reserved
;
a diagram depicting the mapped-out areas specified in the scheme..
10.
Duty of Government Agent to transmit to the district agricultural committee the scheme
The Government Agent shall transmit to the district agricultural committee cons-tituted in his administrative district the scheme and diagram prepared by him under section 9 for consideration by that committee.
11.
its obser-. vations. Duty of the district
The district agricultural committee shall, within thirty days after the date of the receipt of the scheme and diagram from the Government Agent, return the scheme and diagram to the Government Agent with
. the observations of the committee on that scheme and diagram.
with its
Scheme and diagr ared b p y fie t Agent, men modifled if
Notification of confir.
mation.
Right to
|
ic inspect diagram.
.
~~
r
Land Development (Amendment) eB
12. After considering the observations made by the district agricultural committee on the scheme and diagram prepared by the
Government Agent under section 9, the
Government Agent may, ff he considers it necessary so to do, modify such scheme and diagram; and the scheme and diagram, or the modified scheme and diagram, as the case may be, shall thereupon be transmitted by the Government Agent to the Land Commis-sioner together with the observations of the district agricultural committee on the scheme and diagram as prepared and transmitted to that committee by the Government Agent.
13. (1) Upon receipt of a scheme and dia-gram forwarded to him under section 12, the
Land Commissioner may confirm such acheme and diagram or may issue to the
Government Agent such further directions for instructions in regard to the mapping out or to the scheme or to the diagram as he may consider requisite; and the Govern-ment Agent shall observe and give effect to
| such directions or instructions,
Where the Land Commissioner is satisfied that the directions or instructions issued by him under subsection (1) have been given effect to, he may confirm the scheme and diagram or the modified scheme and diagram, as the case may be.
14. Notice of the fact that the Land Com-missioner has confirmed any scheme forward-ed to him under section 12 shall be published in such manner as may: be prescribed.
15. Upon publication of a notice under section 14, every member of the public shall
~
-be entitled to inspect free of charge at the
-
@istrict kachcheri or at the office of the
Surveyor-General. the diagram depicting the scheme of mapping-out referred to in such.
Unmapped-deemed to
JS eeEeEeEeEE
'Agt, No. 27 of 1981
16.
No modifi-cation of scheme to be made except ‘with ‘the approval of the Minis-ter in certain cases and of the Land Commissioner in. others,
No scheme which has been confirmed by the Land Commissioner shall, except with the approval and consént of the Minister, be varied or rhodifiéd so as to enable land which has been mapped-out for any purpose. men-tioned in paragraphs (a) to (e) of section 8
to be mapped-out or to be utilized for‘the purpose mentioned in paragraph (n)- of that section:
Provided, however, that any modification
- or variation of ‘a scheme not requiring the approval and consent of the Minister may be -
effected on the written authority of the Land
Commissioner.
17.
Mapping-,out not essential ‘before \aliena‘ion,
State land may be alienated whether it has been mapped-out or: not.
18.
. out land
Unmapped-out' land, which has been alienated, shall be deemed to haye been mapped-out for alienation to persons of the class to which the alienee belongs.
be mapped dut upon alienation.
ALIENATION or State Lanp
19.
Manner of alienation of State land
Alienation of State land to any person under the provisions of this Ordinance shall be effected in the manner hereinafter provided.
Every such person shall in the first instance receive a permit authorizing him to occupy the land.
A permit-holder shall pay the purchase amount as determined by the Land
Commissioner in full in annual instalments within a period of ten years, together with the interest falling due thereon calculated at a rate not exceeding four per centum of the balance of the purchase amount outstanding each year after payment of the annual instalment due for that year:
47.
Biie. :
.
Provided, however, that where the permit holder fails to make such full payment with-in the specified period, the Government
Agent may extend such period for a further period of two years if the permit-holder satisfies the Government Agent that such failure was due to sickness, crop failure or other unavoidable cause.
The date on which such annual instalments shall commence, and the amount of each such instalment shall be endorsed at any time by the Government Agent on the permit issued to such permit-holder.
ee
The Government Agent shall in addition cause the land alienated on such a permit to be surveyed by the Surveyor-General, and the extent and description (by reference to metes and bounds) of the land so surveyed shall be inserted in such permit. The
Government Agent shall, after the parti-culars relating to such extent and description are inserted in the permit, cause the permit to be registered; no fee shall be paid or recovered for such registration, er
A permit-holder shall be issued a grant in respect of the land of which he is in occupation—
where he has paid all sums which he is required to pay under subsection (2)
;
where he has complied with all the other conditions specified in the
Schedule to the permit
; and
where he has been in occupation of, and fully developed, to the satisfac-tion of the Government Agent—
irrigated land, for a period of three years, or
high land, for a period of one year
:
Provided, however, that the Land Com-missioner may issue a grant before the expiry of the aforesaid period-where the a permit-holder satisfies him that the failure to issue such grant before the expiry of such period would adversely affect the develop-
.
ment of such land.
Notwithstanding the provisions of subsections (1), (2), (3) and (4), any permit-holder belonging to the peasant class may be exempted from the payment of the purchase amount referred to in subsec-tion (2) subject to the condition that the
Land Commissioner may however recover the cost of the improvements to such land which may have been incurred prior to the alienation of such land,
Every grant issued under subsection (4) shall contain the conditions that the owner of the holding shall not—
dispose of a divided portion, or an undivided share of the holding which is less in extent than the unit of the sub-division or the minimum fraction specified in the grant; and
dispose of such holding except with the prior approval of the Govern-ment Agent.
20.
Selection
The selection of persons to whom or pensons
State land shall be alienated under the
Ordinance shal] be made at a Land
Kachcheri :
State and alienated.
Provided that such selection may be made otherwise than at a Land Kachcheri in the following cases :—
-where the Land Commissioner is satisfied ‘that immediate alienation of any land under this Ordinance is a desirable in the interests of an applicant and that there are no other interests in the land in question which are likely to be prejudiced
:
Provided, however, that no land exceeding eight acres in extent shall be alienated under this paragraph
;
;
The persons to whom may be .
“Ree ee
Lt set
where the
Minister so
- directs in any particular case or class of cases if it is in the public interest to do so,
21.
Notifica-tion of Land Kachcheri
The notification that a Land Kachcheri will be held shall be substantially in the prescribed form and shall be published in guch manner as may be prescribed.
22.
Applica-tions for land ; when and how re
The Government Agent may, in a notification under section 21, fix a date before which application shall. be made to him for the land proposed to be alienated at the Land Kachcheri appointed to be held by such notification.
considered.
Where a date has been so fixed in such notification, the Government Agent may, in his discretion, refuse at the Land
Kachcheri to accept or to consider any application for land received after such date.
Where no date has been so fixed, the
. Government Agent shall be bound to consider all applications received, whether at the
Land Kachcheri or before the date fixed for the holding of such Land Kachcheri :
Provided that it shall be lawful for the
Government Agent, in a case where no date has been so fixed in terms of subsection (1), to receive or to call for applications before the date fixed for the holding of the Land
-
Kachcheri.
22a.
State land
No State land shall be alienated to any person other than a person who is a citizen of Sri Lanka,
, Any alienation of land made in contraven-alienated.
tion of the preceding provisions of this.
section shall be null and void.
sioner way of tee ettlicy «eee
23.
10 Powers of Government Agent at Land Kachcheri
At a Land Kachcheri the Govern-ment Agent may, having considered the applications referred to in section 22-—
select the applicants to whom State land shall be alienated either immediately, or on, or before, a future date in accordance with the provisions of this Ordinance; or
reject any application where the provisions of this Ordinance relating to such application have not been complied with.
In making any selection under sub-section (1), the Government Agent shall have special regard to applications received from persons resident in the neighbourhood of the land proposed to be alienated at the
Land Kachcheri.
An appeal in the manner prescribed shall lie to the Land Commissioner against any decision made by a Government Agent under subsection (1).
234.
Power of Land Commis-to vary decision of Government Agent by
Where by reason of a decision of a
Government Agent made at a Land Kach-cheri or otherwise a person is notified of his selection for the alienation of land or a person is in occupation of any land as a permit-holder, the Land Commissioner may, within one year after the date on which such selection was notified or such person has been in occupation of such land, vary by way of revision the decision of the Government
Agent, if in the opinion of the Land Com-revision, missioner the selection has not been made in accordance with the provisions of this
Ordinance.
24.
Date of selection is material date for determina-tion of qualification of alienee,
The date on which a person is selected to receive a permit or a grant of
State land shall be the material date for the purpose of ascertaining whether such person is duly qualified to receive rch permit or grant.
:
Where land alienated to a person on a permit is subsequently alienated to the same person on a grant, the material date for the purpose of ascertaining whether such person is duly qualified to receive such land on a grant shall be the date on which such person was selected by the Government Agent to receive the same land upon a permit.”,
s 4Repeal of section 38 of the principal enactment
Section 38 of the principal enactment is hereby repealed.
3.
Amendment 41, 49, 68, 72, 105 and 172 of the Principal enactment
Sections 41, 49, 68, 72, 105 and 172 of the principal enactment. are hereby amended by the substitution, for the expression “paying an annual sum by virtue of the provisions of subsection (3) of section 19a”, of the expression “paying an annual instalment by virtue of the provisions of section 19°.
Amendment of section 43 of the principal enactment.
"6. Section 43 of the principal enactment is hereby amend-ed by the substitution, for paragraph (b) of that section, of the following paragraph :—
“(b) shall not mortgage such holding to any person other than the State Mortgage and Investment
Bank, the People’s Bank, the Bank of Ceylon, the
Development Finance Corporation of-Ceylon, the
National Development Bank of Sri Lanka, the
National Housing Development Authority, the
Commissioner for National Housing, any registered society or other prescribed institution.”.
s 7Amendment of section 48a of the principal enactment
Section 48a of the principal enactment is hereby amended by the substitution, for subsection (1) of that section, of the following subsection :—
a
Upon the death of a permit-holder who at the
‘time of his or her death was required to pay any annual instalments by virtue of the provisions of subsection (2)
-of section 19, notwithstanding default in the payment of such instalments, the spouse of that permit-holder, whe-ther he or she has or has not been nominated as successor by that permit-holder, shall be entitled to succeed to the land alienated to that permit-holder on the permit and the terms and conditions of that permit shall be appli-cable to that spouse.”, lb a ee waa me Race
s 8Amendment of sections 84 and 85 of the principal enactment
Sections 84 and 85 of the principal enactment are hereby amended by the substitution, for the expression
“paying rent under subsection (2) of section 19a”, of the expression “paying annual instalments under section 19”.
s 9Insertion of new section 112a in the principal enactment
The following new section is hereby inserted immedi-ately after section 112 of the principal enactment and shall have effect as section 112a of that enactment :—
“ Ingtalments
112a. (1) Where any permit is cancelled fepcy paid = under subsection (1) of section 109 or sub-funded on section (1) of section 110, the Government cancellation,
Agent shall return to the permit-holder the instalments already paid on such permit.
The Government Agent shall deduct from such amount paid as instalments a sum calculated at such rate as may be prescribed
.for the period during which the land was occupied under such permit.”,
-
s 10Amendment of section 156 of the principal enactment,
Section 156 of the principal enactment is hereby amended as follows :—
oy the substitution for paragraph (k) of that section of the following paragraph :—
“ (k) the return of the annual instalments paid by the permit holder who had paid such instal-ments under section 19 and whose permi was cancelled ;”
;-and
-
by the insertion, immediately after paragraph (k) of that section, of the following new paragraph :—
“ (kk) the manner in which the cost of improve-ments to any land alienated to any person under subsection (5) of section 19 may be recovered
; and”,
s 11Insertion of new sections 1594 and 1598 in the principal enactment
The following new sections are hereby inserted immediately after section 159 of the principal enactment and shall have effect as sections 159a and 159B of that enactment :—
,
“ Allonees 159a, (1) Every person to whom any
Ordinence land was alienated under this Ordinance, shall have the right to purchase such land within such time as may be prescribed and obtain a grant of that land under subsection -
of section .19.
The amount to be paid by such person shall be determined by the Land Commis-sioner having regard to the value of the land.
ee ea
1598. The following provisions shall apply to apply in respect of the issue of a grant for aliena-Special in respect tion of land under section 159 where such ccauived land has been acquired under the provisions under the of the Land Redemption Ordinance, No. 61
Land of 1942, and was held on a permit or grant issued under this Ordinance—
Redemption oy aed
the grant shall be in the prescribed form:
grant =
perm
Chapter VII of this Ordinance shall
Ondine not apply to the land held on such grant ; and
the grant shall have effect as if it were an absolute grant of land under section 2 of the Crown Lands
Ordinance and the provisions of that Ordinance shall apply to the right, title and interest of the alienee of the land under such grant.”,
s 12Replacement of section
Section 166 of the principal enactment is hereby repealed and the following section substituted therefor :—
of woe?
s 166of the principal enactment
No suit shall lie against any public officer for anything done or omitted to be done by him in good faith under this
Ordinance, ”.
18.
officers. © Repeal of the Sale of Seate Lands peci Provisions) Law, No. 43 of 1973. Savings
The Sale of State Lands (Special Provisions) Law,
No. 43 of 1973, is hereby repealed.
14.
Notwithstanding the repeal of the Sale of State
Lands (Special Provisions) Law, No. 43 of 1973, where any person is a permit-holder under that Law and such permit has not been cancelled under section 27 of that Law, such person shall be deemed to be in possession of the land so alienated and he shall be deemed to be a permit-holder under the provisions of the principal enactment.
Notwithstanding the repeal of the Sale of State Lands
(Special Provisions) Law, No. 43 of 1973, where any person is the holder of a grant under that Law, he shall be deemed to. be in possession of the land so alienated and he shall be deemed to be a holder of a grant under the provisions of the principal enactment.
Annual subscription of Bills and Laws of the Parliament Rs. 30 (Local), -
Rs, 40 (Foreign), payable to the SUPERINTENDENT GOVERNMENT PUBLICATIONS
Bureau, P, O, Box 500; Coromso 1, before 15th December each year in respect.
of the year following.
“
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