LAND DEVELOPMENT - FAOfaolex.fao.org/docs/pdf/srl13623.pdf · LAND DEVELOPMENT AN ORDINANCE TO ... who is a citizen of Sri Lanka under any law for the time being in force ... bail

Cap. 300]

OrdinancesNos. 19 of 1935,

3 of 1946,ActsNos. 49 of 1953,

22 of 1955,16 of 1969,21 of 1971.

LawNo. 43 of 1973.

LAND DEVELOPMENT

CHAPTER 300

LAND DEVELOPMENT

AN ORDINANCE TO PROVIDE FOR THE SYSTEMATIC DEVELOPMENT AND ALIENATION OF

STATE LAND IN SRI LANKA.

[15th October. 1935.]

Interpretation. 2. In this Ordinance, unless the contextotherwise requires -

Short title.

[§ 2, 16 of1969.]

[§ 2, 16 of1969.)

[§ 2, 21 of1971.]

1. This Ordinance may be cited as theLand Development Ordinance.

.. alienation" with its grammaticalvariations and cognate expressionsmeans the alienation of State landunder this Ordinance ;

.. citizen of Sri Lanka" means an individualwho is a citizen of Sri Lanka underany law for the time being in forcerelating to citizenship;

.. court" means any Court of Justiceconstituted by or under theConstitution of the Republic;

.. disposition" with its grammaticalvariations and cognate expressionsmeans any transaction of whatevernature affecting land or the titlethereto and includes any conveyance,devise, donation, exchange, lease,mortgage or transfer of land;

.. district agricultural committee" shall havethe same meaning as in the IrrigationOrdinance;

.. Government Agent" includes anAdditional Government Agent,Assistant Government Agent andAdditional Assistant GovernmentAgent;

.. grant" means a grant of land from theState under this Ordinance;

.. holding" means land alienated by grantunder this Ordinance, and includesany part thereof or interest therein;

.. kachcheri" means the office of aGovernment Agent;

.. land" inc1udes-

(a) the bed of any waterway or ofany collection of water,whether natural or artificial,

(b) things attached to the earth orpermanently fastened toanything attached to the earth,and

(c) any title to land or any interest inthe crops growing or to begrown thereon;

.. Land Commissioner" means the officerappointed under section 3 of thisOrdinance, and includes any officerof his department authorized by himin writing in respect of any particularmatter or provision of thisOrdinance ;

.. Land Kachcheri " means a meeting held inthe prescribed manner for thepurpose of alienating State land;

.. land officer" means an officer appointedunder section 6 for the purposes ofthis Ordinance and the expression.. the land officer" means the officerdealing with the particular landwhich is referred to in the context inwhich such expression is used ;

XI/416

LAND DEVELOPMENT [Cap. 300

[§ 2, 16 of1969.]

.. local authority" includes aMunicipality, an Urban Councilestablished under the UrbanCouncils Ordinance, a TownCouncil, and a Village Council;

.. mapping-out" with its grammaticalvariations and cognate expressionsmeans the reservation of State landfor one or more of the purposesspecified in section 8* or for anypurpose prescribed under thatsection;

.. minimum fraction" means the smallestfraction of a holding which canlawfully be held in undividedownership;

.. owner" means the owner of a holdingwhose title thereto is derived fromor under a grant issued under thisOrdinance;

.. peace officer" means a police officerand includes any grama sevaniladhari appointed by theGovernment in writing to performpolice duties;

.. People's Bank" means the Bankestablished under the People's BankAct;

.. State land" means all land to which theState is lawfully entitled togetherwith all rights, interests andprivileges attached or appertainingthereto;

.. State Mortgage and ·Investment Bank"means the Bank established underthe State Mortgage and InvestmentBank Law;

.. surveyed" means surveyed by theSurveyor-General or under hisauthority;

.. Surveyor-General" means the SurveyorGeneral of Sri Lanka or any otherofficer deputed to act on his behalffor the purposes of this Ordinanceto the extent to which such officeris deputed;

.. title" means right, title, or interest;

.. unit of subdivision" means theminimum extent of land belowwhich a holding cannot lawfully besubdivided.

CHAPTER

ApPOINTMENT, POWERS AND

DUTIES OF OFFICERS

[§ 2, 16 of1969.)[§ 89, Law 13of 1975.)

(a) for the due performance of the dutiesand functions assigned to him asLand Commissioner under thisOrdinance;[§ 2, 16 of

1969.)

[§ 2, 16 of1969.)

.. permit" means a permit for theoccupation of State land issuedunder Chapter IV ;

.. permit-holder" means any person towhom a permit has been issued andincludes a person who is inoccupation of any land alienated tohim on a permit although no permithas actually been issued to him;

.. prescribed" means prescribed by thisOrdinance or by the regulationsmade thereunder;

.. registered society" shall have the samemeaning as in the Co-operativeSocieties Law;

.. regulation" means a regulation madeunder this Ordinance by theMinister;

• Section 8 is repealed by Law No. 43 of 1973.

3. (I) There may be appointed a Land Appointment

Commissioner who shall be responsible- and duties ofLandCommissioner.

(b) for the general supervision andcontrol of all Government Agentsand land officers in theadministration of State land and inthe exercise and discharge of thepowers and duties conferred andimposed upon them by thisOrdinance.

(2) In the exercise of his powers and inthe discharge of his duties under thisOrdinance, the Land Commissioner shall besubject to the general direction and controlof the Minister.

XI/417

Cap. 300] LAND DEVELOPMENT

Powers ofLandCommissioner.

4. (I) The Land Commissioner mayfrom time to time give general or specialdirections to a Government Agent or to aland officer as to the performance of hisduties relating to land administration andmay direct or authorize any question ofdoubt or difficulty in connexion with suchduties to be referred to the LandCommissioner for decision.

CHAPTER IV*

PERMITS AND GRANTS

*25. Every permit shall be substantially in Form ofa prescribed form. permit.

t27. Every grant shall be substantially in Form of grant.a prescribed form.

Appointmentof AssistantLandCommissionersand otherofficers

Land officers.

[§ 3. 21 of1971]

(2) Any direction or decision of theLand Commissioner shall be observed andgiven effect to by the Government Agentor by the land officer as the case may be.

5. There may be appointed one ormore Assistant Land Commissioners andsuch other officers as may from time totime be required for the purposes of thisOrdinance.

6. (I) There may be appointed one ormore land officers for the whole of SriLanka or for any province or district.

(2) Every such land officer may, for thepurposes of this Ordinance, perform.execute and exercise in any province ordistrict or in the particular province ordistrict for which he shall have beenappointed, all or any of the functions, dutiesand powers assigned to or imposed upon orvested in a Government Agent under thisOrdinance or any regulation madethereunder.

(3) Every person appointed as aSettlement Officer or as an AssistantSettlement Officer under the LandSettlement Ordinance, shall be deemed tobe appointed a land officer for the wholeof Sri Lanka for the purposes of thisOrdinance.

28. Land which has not been surveyedshall not be alienated by grant.

29. (I) Every grant, when issued, shall beregistered at the instance of the GovernmentAgent in such manner as may be prescribed.

(2) No fees shall be paid or recovered forsuch registration.

30. The land alienated on any grant shallbe described with reference to a plan preparedby or under the authority of the SurveyorGeneral and kept in his charge. There shall beattached to each grant a diagram of the landalienated on that grant. The diagram shall beprepared under the authority of the SurveyorGeneral but it shall not be necessary for thediagram to bear on the face thereof acertificate to the effect that it was so prepared.

31. The Surveyor-General shall cause tobe issued to any applicant a copy of any planor of any part thereof on payment of theprescribed fee.

t 35. The Land Commissioner mayauthorize the Government Agent to include ina grant special conditions applicable toindividual cases or to classes of cases inparticular areas.

t 37. The conditions included in anygrant shall, as from the date of such grant,run with the land and shall bind the originaland all owners thereof and all personswhomsoever who acquire any title thereto.

Grant not toissue forunsurveyedland.Registration ofgrants.

Diagram to beattached togrant.

Copy of plan tobesupplied onpayment ofprescribed fcc.

LandCommissionermay authorizeinsertion ofspecialconditions ingrants.

Conditions in agrantto runwith the land.

All officers to 7. All officers appointed for thebe public purposes of this Ordinance shall beservants.

deemed to be public servants within themeaning of the Penal Code.

38. The amount to be paid by a permitholder annually for the purposes of subsection(3) of section 19A** shall be determined inaccordance with such regulations as may bemade in that behalf.

Principlesgoverning thedeterminationof theamountof theannualpayment.[§ 16.160f1969.J

• Chapters II and III (Sections 8 to 24) are repealed by Section 53, Law No. 43 of 1973.t Section26 is repealed by Act No. 16 of 1969.t Sections 32, 33, 34 and 36 are repealed by Act No. 16 of 1969.•• Section 19A is repealed by LawNo. 43 of 1973.

XIj4l8


Power ofowner todispose ofholding.[§ 19, 16 of1969.]

CHAPTER VI

DISPOSITIONS

42. The owner of a holding may disposeof such holding to any other person exceptwhere the disposition is prohibited underthis Ordinance, and accordingly adisposition executed or effected incontravention of the provisions of thisOrdinance shall be null and void.

Seizure andsale of landalienated on apermit or grantinvalid.[§ 17,I60f1969.]

41. The provisions of sections 39 and 40 scope of

shall apply to land alienated by grant or to protection.

I d ali d . . f [§ 18, 16 ofan ienate on a permit In respect 0 1969.]

which the permit-holder is paying an annualsum by virtue of the provisions ofsubsection (3) of section 19A*notwithstanding the devolution ordisposition under this Ordinance of the titleof the original grantee or of such permit- [§ 18, 16 of

holder to any other person. 1969.]

(6) If the amount paid by the State forthe purchase under this section of any landalienated on a grant exceeds the totalamount of the debt due to the mortgageetogether with the costs of seizure and sale,the mortgagor shall be entitled to suchexcess.

40. Subject to the provisions of section39, the seizure and sale in execution of thedecree of a court of any land alienated on apermit or grant shall be invalid.

(5) An order for the repayment of thepurchase money may be made by the courton an application made under subsection (3)if the person against whom the order isdirected is a party to the application andsuch order may be enforced against suchperson in like manner as a decree formoney.

(4) When a sale of land alienated on agrant is set aside under subsection (3)-

And provided further that where any landalienated on a grant has been accepted asbail for the release of any person accused ofan offence before any court and where suchperson does not appear as required by suchcourt, such land may be seized and sold forthe recovery of such amount as may befixed as bail by such court.

(2) Where land alienated on a grant issold in execution of a decree entered in anaction for the enforcement of a mortgage onthat land, the sale shall not be confirmed bythe court unless the Land Commissioner hasapproved the purchaser upon applicationmade in that behalf by the purchaser.

(3) Where the Land Commissionerrefuses to approve the purchaser of any landalienated on a grant, the purchaser shallapply to the court by petition to set asidethe sale on the ground that he has not beenapproved by the Land Commissioner. Uponsuch application being made, the court shallpass an order setting aside the sale.

PROTECTION OF LAND HELD ON

PERMITS OR GRANTS

Provided that the preceding provisions ofthis section shall not apply to the seizureand sale of land alienated on a grant inexecution of a decree entered in an actionfor the enforcement of a mortgage on thatland which is permitted by this Ordinance;

CHAPTER V

39. (I) No land alienated on a permit orgrant shall be seized or sold in execution ofthe decree of any court:

Protection ofland alienatedon permits andgrants.[§ 17, 16 of1969.]

(0) the purchaser shall be entitled toreceive back his purchase moneyfrom any person to whom thepurchase money has been lawfullypaid, and

(b) the land shall be purchased by theState for such sum as the ChiefValuer of the Government or anyofficer authorized by him maydetermine.

43. The owner of a holding-

(0) shall not lease such holding to anyother person except in suchcircumstances as may beprescribed; and

(b) shall not mortgage such holding toany person other than the People'sBank or the State Mortgage and

Leases andmortgages ofholdings wherepermitted.[§ 19, 16 of1969.]

[§ 89, Law 13of 1975.]

• Section 19A is repealed by Law No. 43 of 1973.

XI/419


Definition ofsuccessor.[§ 22, 16of1969.]

Disposition ofland alienatedona permit.[§ 21,16 of1969.]

Recovery ofmoneys dueonmortgage ofland alienatedon a permit.[§ 21, 16 of1969.]

Investment Bank or a registeredsociety or other prescribedinstitution.

*46. (1) Subject to the provisions ofsubsection (2), no permit-holder shallexecute or effect any disposition of the landalienated to him on the permit.

(2) With the written consent of theGovernment Agent, a permit-holder maymortgage his interest in the land alienated tohim on the permit to any registered societyof which he is a member.

(3) Any disposition, other than adisposition in accordance with theprovisions of subsection (2), of any landalienated on a permit shall be null and void.

47. (I) Where default is made by apermit-holder who is a member of aregistered society in the payment of any sumdue to the registered society on any loangranted on the mortgage of the landalienated on the permit, whether that sum isdue on account of principal or interest orboth, the registered society may, after adecision or award under section 58 of theCo-operative Societies Law has been madeon the dispute which had arisen between theregistered society and such member byreason of the default, report the defaulter tothe Government Agent and transmit to hima certified copy of the decision or award.

(2) The Government Agent, upon receiptof a report made under subsection (1) andof a certified copy of the decision or awardreferred to in that subsection, may takeaction under Chapter X of this Ordinance torecover the sum due from the person againstwhom the report was made as though suchsum were due to the State and not to theregistered society by which the report wasmade.

(3) Notwithstanding anything in anyother written law, any sum due to aregistered society on account of any sumgranted on the mortgage of land alienatedon a permit shall be recovered in themanner set out in this section andaccordingly such registered society shall not

take, and shall be precluded from taking,proceedings for the recovery of such sum inany other manner.

(4) The Government Agent shall deliverto a registered society any sum recoveredunder this section by him in satisfaction ofthe debt due to such registered society andshall pay the costs of seizure, if recovered,into the Consolidated Fund.

CHAPTER VII

SUCCESSION

48. In this Chapter "successor ", whenused with reference to any land alienated ona permit or a holding, means a person whois entitled under this Chapter to succeed tothat land or holding upon the death of thepermit-holder or owner thereof, if thatpermit-holder or owner died without leavingbehind his or her spouse, or, if that permit-holder or owner died leaving behind his orher spouse, upon the failure of that spouseto succeed to that land or holding or uponthe death of that spouse.

48A. (1) Upon the death of a permit- Spouse ofaholder who at the time of his or her death deceased

permit-holderwas paying an annual sum by virtue of the entitled toprovisions of subsection (3) of section 19At, succeed to landthe spouse of that permit-holder, whether he alienated ~o

. that permit-or she has or has not been nominated as holder onthesuccessor by that permit-holder, shall be permit.entitled to succeed to the land alienated to [§ 23, 16of

. h I h . d h 1969.]that permit- 0 der on t e permit an t eterms and conditions of that permit shall beapplicable to such spouse:

Provided that where a spouse who wasnot nominated as successor by the deceasedpermit-holder succeeded under thepreceding provisions of this subsection tothe land alienated on the permit and whereafter so succeeding, such spouse marries,then upon such marriage-

(0) the person nominated by the deceasedpermit-holder shall succeed to theland, or

(b) if no successor has been sonominated, the title to the landshall devolve as prescribed by rule Iof the Third Schedule.

• Sections 44 and45 are repealed byAct No. 16 of 1969.t Section 19A is repealed by Law No. 43 of 1973.

XI/420


shall have no power toa successor to that

Spouse of adeceased ownerof a holdingentitled tosucceed to thatholding.[§ 23. 16 of1969.]

(2) If, during the lifetime of the spouse ofa deceased permit-holder who has succeededunder subsection (I) to the land alienated onthe permit, the terms and conditions of thepermit are complied with by such spouse,such spouse shall be entitled to a grant ofthat land subject to the followingconditions :-

(0) such spouse shall have no power todispose of the land alienated by thegrant;

(b) such spouse shall have no power tonominate a successor to that land;

(e) upon the death of such spouse, orupon his or her marriage, theperson, who was nominated assuccessor by the deceased permitholder or who would have beenentitled to succeed as his successor,shall succeed to that land:

Provided that the aforesaid conditionsshall not apply to a grant of any land to bemade to a spouse who has been nominatedby the deceased permit-holder to succeed tothe land alienated on the permit.

(3) Any disposition or nomination madeby a spouse in contravention of theprovisions of subsection (2) shall be invalid.

48B. (I) Upon the death of the owner ofa holding, the spouse of that owner shall beentitled to succeed to that holding subject tothe following conditions :-

(0) upon the marriage of such spouse,title to the holding shall devolve onthe nominated successor of thedeceased owner or, if there was nosuch nomination, on the personwho was entitled to succeed underrule I of the Third Schedule;

(b) such spouse shall have no power todispose of that holding;

(e) such spousenominateholding:

Provided that the aforesaid conditionsshall not apply to a spouse who has beennominated by the deceased owner of theholding to succeed to that holding.

• Section 19A is repealed by Law No. 43 of 1973.t Section 50 is repealed by Act No. 16 of 1969.

(2) Any disposition or nomination madeby a spouse in contravention of theprovisions of subsection (I) shall be invalid.

49. Upon the death of a permit-holderwho at the time of his or her death waspaying an annual sum by virtue of theprovisions of subsection (3) of section 19A,*or of an owner of a holding, without leavingbehind his or her spouse, or, where suchpermit-holder or owner died leaving behindhis or her spouse, upon the failure of suchspouse to succeed to the land alienated tothat permit-holder on the permit or holdingor upon the death of such spouse, a personnominated as successor by such permitholder or owner shall succeed to that landor holding.

t51. No person shall be nominated bythe owner of a holding or a permit-holder ashis successor unless that person is thespouse of such owner or permit-holder, orbelongs to one of the groups of relativesenumerated in rule I of the Third Schedule.

52. (I) A nomination made by theowner of a holding or a permit-holder whoon the date of making such nomination wasunmarried shall, upon the marriage of suchowner or permit-holder, be null and void.

(2) More persons than one may benominated by the owner of a holding or apermit-holder as successors to the holdingor land alienated on the permit providedthat such nomination does not contravenethe conditions of the grant or permit.

(3) No person shall be nominated assuccessor to a part or share, whether dividedor undivided, of a holding or a landalienated on a permit, unless in thedocument whereby he is so nominated asuccessor is duly nominated for therernammg part or share of the holding orland alienated on the permit.

(4) The nomination of a successor andthe cancellation of any such nominationshall not be made subject to any conditionor defeasance.

Succession toland alienatedon a permit orto a holding.[§ 24, 16 of1969.]

Restriction onnomination ofsuccessors toholdings.

Generalprinciplesapplicable tonomination.[§ 27, 16 of1969.]

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Cancellation ofnominations.[§ 28, 16 of1969.]

Furthernomination.[§ 29, 16 of1969.]

Act ofnomination isnot adisposition.[§ 30. 16 of1969.]

Hownomination iseffected.[§ 31, 16 of1969.]

[§31.16of1969.)

[§3I,16of1969)

No stampduty fornominations orcancellation ofnominations.[§ 32, 16 of1969.)

Documents ofnomination orcancellationinvalid unlessregistered.

l§ 33, 16 of1969.]

53. Any nomination of a successor may atany time be cancelled by the owner or permitholder who made such nomination.

54. The owner of a holding or permitholder may make a further nomination in lieuof any nomination which has been cancelled;and a person may be renominated assuccessor notwithstanding the previouscancellation of the nomination of that personin such capacity.

55. The act or transaction whereby asuccessor is lawfully nominated under theprovisions of this Chapter shall not be or beconstrued as a disposition of the land forwhich such successor is so nominated.

56. ( I) The nomination of a successorand the cancellation of any such nominationshall be effected by a documentsubstantially in the prescribed formexecuted and witnessed in triplicate beforea Government Agent, or a Registrar ofLands, or a divisional AssistantGovernment Agent, or a notary, or a Justiceof the Peace.

(2) The provisions of subsection (I) shallnot apply to any nomination or cancellationof a successor made by last will in themanner hereinafter provided, or to thenomination and cancellation of a successorto a land alienated on a permit made in themanner provided in section 87.

(3) A document by which the nominationof a successor or the cancellation of any suchnomination is effected under subsection (I)shall not be deemed to be an instrumentaffecting land for the purposes of theRegistration of Documents Ordinance, norshall the provisions of Chapter II of thatOrdinance apply to any person before whomany such document is executed.

57. No stamp duty shall be charged orlevied on the execution of a documentwhereby a successor is nominated orwhereby any such nomination is cancelled.

58. ( I) A document (other than a lastwill) whereby the nomination of a successor iseffected or cancelled shall not be valid unlessand until it has been registered by theRegistrar of Lands of the district in which theholding or land to which that document refersis situated.

(2) Regulations may be made prescribingthe procedure for the registration ofdocuments whereby nominations ofsuccessors are effected or cancelled and for allmatters connected therewith or incidentalthereto, including the registers which shall bekept and the fees which shall be charged forsuch registration.

59. Any person shall on payment of theprescribed fee be entitled to inspect at theoffice of the Registrar of Lands any registerkept by him under this Ordinance for thepurposes of section 58.

60. No nomination or cancellation of thenomination of a successor shall be validunless the document (other than a last will)effecting such nomination or cancellation isduly registered before the date of the death ofthe owner of the holding or the permit-holder.

61. The death during the lifetime of theowner of a holding or a permit-holder of aperson who has been nominated by thatowner or permit-holder as a successor to thatholding or the land alienated on the permitshall operate as a cancellation of thenomination of that person as a successor.

62. ( I) After the registration of adocument whereby a person is nominated assuccessor to a holding or a land alienated on apermit, a document which purports tonominate any other person as successor tothat holding or land shall not be registeredunless the nomination effected by theregistered document has been duly cancelledby the registration of a document ofcancellation:

Provided that it shall be lawful in one andthe same document to cancel a registerednomination and to make some othernomination in lieu thereof; and, in that event,notwithstanding anything in this sectioncontained, the document in which suchcancellation and nomination are combinedmay be registered and shall upon dueregistration operate both as a cancellation of apreviously registered nomination and as anomination of a new nominee.

[§ 33, 16 of1969)

Right of publicto inspectregisters.

Nomination orcancellation ofnominationinvalid unlessregisteredbefore death ofowner orpermit-holder.[§ 34, 16 of1969.J

Nominationcancelled bydeath ofnominee.[§ 35, 16 of1969.)

No documentof nominationto be registereduntil aftercancellation ofpreviousnomination.[§ 36, 16 of1969)

Xlj422


[§ 36, 16 of1969.]

Nominationandcancellationmay be made inlast will ofowner orpermit-holder.[§ 37, 16of1969.]

Registrationessential tovalidity ofnomination orcancellationmade in lastwill.[§ 38, 16of1969.]

Probateessential tovalidity ofnomination orcancellationmade in lastwill.[§ 39, 16of1969.]

[§ 39, 16of1969.]

[§ 39, 16of1969.]

Conditionsapplicable tocancellation ofregisterednomination bylast will.[§ 40, 16of1969.]

(2) Nothing in this section contained shallapply to any nomination or cancellation of anomination made in the last will of the ownerof a holding or a permit-holder.

63. The nomination of a person assuccessor to a holding or to a land alienatedon a permit, or the cancellation of anynomination effected by any document dulyregistered under this Chapter, or both suchnomination and cancellation may be made inthe last will of the owner of that holdingor the permit-holder to whom that land hasbeen alienated.

64. A nomination or a cancellation of anomination made in the last will of the ownerof a holding or a permit-holder shall not bevalid unless it is registered in the prescribedmanner within a period of three monthsreckoned from the date of the death of theowner of that holding, or of the date of thedeath of that permit-holder, as the case maybe.

65. (l) A nomination or a cancellation ofa nomination made in the last will of theowner of a holding or of a permit-holder shallnot be registered unless the applicant forregistration shall furnish to the registeringofficer a certified copy of that will togetherwith a certificate in the prescribed form to theeffect that probate of that will has beenapplied for, signed by the Registrar of theDistrict Court to which the application forprobate was made.

(2) A nomination or a cancellation of anomination made in the last will of theowner of a holding or of a permit-holder shallbe invalid if probate of that will is refused orrecalled or set aside by order of a court ofcompetent jurisdiction; and, in thatevent, the title to the holding or to the landalienated to that permit-holder shall devolveas though no nomination or cancellation of anomination had been registered after thedeath of the owner of that holding orpermit-holder.

66. A nomination effected by a documentduly registered before the death of the ownerof a holding or a permit-holder and in force atthe time of his death shall not be cancelled bythe last will of that owner or permit-holderunless-

(a) the last will was executed on a datelater than the date of the execution


of the registered document by whichnomination was effected before thedeath of the owner or permit-holder;and

(b) the last will specifically refers to thenomination effected by thatregistered document and definitelycancels such nomination.

67. Save as is otherwise specially providedthose provisions of this Chapter which applyto nominations or cancellations ofnomination effected by documents other thana last will shall apply equally to nominationsor cancellations of nomination made in a lastwill.

68. (1) The spouse of a deceased permitholder, who at the time of his or her deathwas paying an annual sum by virtue of theprovisions of subsection (3) of section 19A· ,

or the spouse of an owner, fails to succeed tothe land held by such permit-holder on thepermit or to the holding of such owner, as thecase may be-

(a) if such spouse refuses to succeed to thatland or holding, or

(b) if such spouse does not enter intopossession of that land or holdingwithin a period of six monthsreckoned from the date of the deathof such permit-holder or owner.

(2) A nominated successor fails to succeedto the land held on a permit by a permitholder who at the time of his or her death waspaying an annual sum by virtue of theprovisions of subsection (3) of section 19A* orto the holding of an owner if he refuses tosucceed to that land or holding, or, if thenominated successor does not enter intopossession of that land or holding within aperiod of six months reckoned-

(i) where such permit-holder or owner dieswithout leaving behind his or herspouse, from the date of the death ofsuch permit-holder or owner; or

(ii) where such permit-holder or ownerdies leaving behind his or herspouse, from the date of the

[§ 40, 16 of1969.]

Generalprinciplesgoverningnominationsandcancellations bylast will.

Failure ofsuccession.[§ 41, 16of1969.]

XI/423

Lap. 300] LAND DEVELOPMENT

Nomination orcancellation ofnomination isinvalid ifcontrary toprovisions ofOrdinance.[§ 46, 16 of1969.]

Curators.Successionunder theThirdSchedule.[§43,160f1969.]

Date ofsuccession.[§44,160f1969.]

Accrual ofrights in caseof plurality ofsuccessors.[§ 45. 16 of1969.)

failure of such spouse to succeed,such date being reckonedaccording to the provisions ofparagraph (b) of subsection (I), orof the death of such spouse, as thecase may be.

*72. If no successor has beennominated, or if the nominated successorfails to succeed, or if the nomination of asuccessor contravenes the provisions of thisOrdinance, the title to the land alienated ona permit to a permit-holder who at the timeof his or her death was paying an annualsum by virtue of the provisions ofsubsection (3) of section 19At or to theholding of an owner shall, upon the death ofsuch permit-holder or owner withoutleaving behind his or her spouse, or, wheresuch permit-holder or owner died leavingbehind his or her spouse, upon the failure ofsuch spouse to succeed to that land orholding, or upon the death of such spouse,devolve as prescribed in rule I of the ThirdSchedule.

73. Title to a land alienated on a permitor to a holding shall be deemed to havedevolved on any person entitled to succeedto the land or holding under the provisionsof section 72 as from the date of the deathof the permit-holder or owner of the holdingif such permit-holder or owner died withoutleaving behind his or her spouse, or, if suchpermit-holder or owner died leaving behindhis or her spouse, upon the failure of suchspouse to succeed or from the date of thedeath of such spouse. as the case may be.

74. Where two or more persons havebeen duly nominated as successors to a landalienated on a permit or holding, the title ofanyone of such successors who is dead onthe date on which such successor is entitledto succeed, or who refuses so to succeed. orwho fails so to succeed within a period ofsix months reckoned from such date, shall,as from such date. be deemed to haveaccrued to the other successors who wereduly nominated with him.

75. Any nomination of a successor andany cancellation of any registerednomination of a successor shall be whollyinvalid if such nomination or cancellation inany way contravenes the provisions of thisOrdinance.

76. (I) If the Government Agent issatisfied after such inquiry as he may deemnecessary that title to a holding or landalienated on a permit has devolved on aminor, he may, notwithstanding anything inany other written law, appoint a fit andproper person to be the curator of thatminor for the purpose of enabling the minorto exercise his right and to be responsiblefor his obligations in respect of that holdingor land under this Ordinance.

(2) No stamp duty shall be payable onthe instrument by which a curator isappointed under subsection (I).

(3) A curator appointed undersubsection (I) shall be responsible for theperformance of all duties and for thedischarge of all obligations imposed on theminor as owner of the. holding or as permitholder and may be removed from office bythe Government Agent if he is satisfied afterinquiry that such curator has failed toperform his obligations or has been guilty ofneglect of duty or of action or conductadverse or prejudicial to the interests of theminor, or that the curator is unfit tocontinue to hold office or for any othersufficient cause.

A curator aggrieved by an order of theGovernment Agent removing him fromoffice may appeal against that order to theMinister in such manner as may beprescribed.

(4) A person appointed undersubsection (l) as the curator of a minorshall cease to hold office upon theappointment by any court of competentjurisdiction of any other person as curatorof that minor.

(5) Subject to the provisions of thissection, a person appointed undersubsection (l) to be the curator of a minorshall in respect of the holding of such minoror of the land alienated on a permit towhich such minor has succeeded and in

[§ 47, 16 of1969.]

[§ 47, 16 of1969.]

[§ 47, 16 of1969.]

[§ 47, 16 of1969.]

• Sections 69,70 and 71 are repealed by Act No. 16 (If 1969.t Section 19A is repealed by Law No. 43 of 1973.

XI/424


Succession onthe death ofapermit-holderwho waspaying rentunder section19A (2) for theland alienated.[§ 49, 16of1969.)

Reversion ofland to Stateunder certaincircumstances.[§ 50. 16of1969.)

Vesting ofsurrenderedland.

Name ofsuccessornominated bythe permitholder may beendorsed onpermit beforeissue.[§ 51. 16 of1969.]

respect of the management, control,occupation and protection of that holdingor land exercise all the rights and be subjectto all the liabilities of a curator appointedby a court of competent jurisdiction.

*84. Upon the death of a permit-holderwho at the time of his or her death waspaying rent under subsection (2) of section19A t for the land alienated to him or her onthe permit, then,-

(0) if that permit-holder is survived by hisor her spouse, the spouse shall beentitled to succeed to that land;

(b) if that permit-holder is not survivedby his or her spouse or if the spousedoes not succeed to the land, anyother person who is a dulynominated successor of thedeceased permit-holder shall beentitled to succeed to that land onsuch person obtaining a permitfrom the Government Agent underthe provisions of this Ordinance tooccupy that land.

85. Where on the death of a permitholder who at the time of his or her deathwas paying rent under subsection (2) ofsection 19A t for the land alienated to himor her ·on the permit, a person entitled tosucceed to that land under the provisions ofsection 84 fails to so succeed, such personshall be deemed to have surrendered to theState his or her title to that land.

86. Land deemed to have beensurrendered under section 85 shall vest inthe State free from all encumbrances.

87. A person to whom a GovernmentAgent has agreed to alienate land maynominate as his successor any person who isentitled under this Ordinance to be sonominated, and the name of such successormay be endorsed on the permit before it isissued to the first-mentioned person, and theGovernment Agent may upon beingrequested so to do by the permit-holdercancel the name of such successor by anendorsement on the permit and endorse onthe permit the name of any other personsuggested by the permit-holder as hissuccessor.

• Sections 77 to83 are repealed by Act No. 16 of 1969.t Section 19A is repealed by Law No. 43 of 1973.t Sections 88 to 103are repealed by Act No. 16 of 1969.

CHAPTER VIII

CANCELLATION OF GRANTSAND PERMITS

t 104. The President may make ordercancelling the grant of a holding if he issatisfied that there has been a failure ofsuccession thereto either because there is noperson lawfully entitled to succeed orbecause no person so entitled is willing tosucceed.

lOS. Where In the case of a landalienated on a permit to any person whowas at the time of his death paying anannual sum by virtue of the provisions ofsubsection (3) of section 19At there has beena failure of succession because there is noperson lawfully entitled to succeed orbecause no person so entitled is willing tosucceed or where any land has vested in theState under section 86, the GovernmentAgent of the administrative district in whichthat land is situated shall be entitled to takepossession of that land on behalf of theState.

106. (I) If it appears to theGovernment Agent that a permit-holder hasfailed to observe a condition of the permit,the Government Agent may by notice inwriting require such permit-holder to pay byway of fine such sum not exceeding onehundred rupees, and on or before such date,as may be specified in the notice.

(2) Where a permit-holder fails tocomply with the requirements of a noticeissued under subsection (I), or where apermit-holder contravenes a condition ofthe permit on a second or subsequentoccasion, the Government Agent may issuea notice in the prescribed form intimating tothe permit-holder that his permit will becancelled unless sufficient cause to thecontrary is shown to tho: Government Agenton a date and at a time and place specifiedin the notice.

107. The date specified in a notice issuedunder subsection (2) of section 106 shall notbe less than forty-two days from the date ofthe issue of such notice on thepermit-holder.

Powers of thePresident inthecase offailure ofsuccession to aholding.

Power of theGovernmentAgent inrespect ofaland alienatedona permitwhere there is afailure ofsuccession orwhere suchland has beenvested in theState.[§ 53. 16 of1969.)

Notice topermit-holderwhere there hasbeen a breachof theconditions ofthe permit.[§ 53. 16 of1969.)

Period allowedfor showingcause.[§ 54. 16of1969]

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Notice to beposted on landand served oninterestedparties.

[§ 55, 16 of1969.]

Ordercancellingpermit ifpermit-holderfails to appear.

[§ 56, 16 of1969.]

108. (I) A copy of every notice issuedunder section 106 shall be served on thepermit-holder and a copy shall also beaffixed in a conspicuous position on theland affected by such notice. TheGovernment Agent may also cause a copyof such notice to be served on any personwho, in his opinion, is interested in the landor may be affected by a cancellation of thepermit.

(2) If a permit-holder who has to beserved under subsection (I) with a noticeissued under section 106 cannot by theexercise of due diligence be found, thenotice shall be deemed to be duly served onthat permit-holder if a copy thereof is leftwith some adult member of his family orwith his servant residing with him; and, ifthere is no member of the family or servantof that permit-holder on whom the noticecan be so served by way of substitution forpersonal service, the notice shall be deemedto be duly served on that permit-holder if acopy thereof is affixed to some conspicuouspart of the house or homestead in which heordinarily resides.

(3) Where a notice issued under section106 is served on the permit-holderpersonally, the officer to whom servicethereof has been entrusted shall furnish adeclaration duly signed by him to theGovernment Agent that such notice hasbeen served on the permit-holder.

109. (I) If the permit-holder fails toappear on the date and at the time and placespecified in a notice issued under section106, or appears and states that he has nocause to show why his permit should not becancelled, the Government Agent may, if heis satisfied that there has been due service ofsuch notice and that there has been a breachof any of the conditions of the permit, makeorder cancelling such permit but no suchorder shall be made until after the expiry ofa period of twenty-eight days reckoned fromthe date specified in the notice issued undersection 106.

(2) If, within a period of fourteen daysreckoned from the date specified in thenotice issued under section 106, the permitholder satisfies the Government Agent thathe has cause to show why his permit should

not be cancelled and that he was preventedby accident, illness, misfortune or otherunavoidable cause from appearing on thedate and at the time and place specified insuch notice, the Government Agent shallappoint another date, time and place for thepurpose of enabling the permit-holder toshow cause why his permit should not becancelled.

1l0. (I) If on the date and at the timeand place specified in a notice issued undersection 106 or appointed by the GovernmentAgent under section 109 (2) the permitholder appears and offers to show causewhy his permit should not be cancelled, theGovernment Agent may, if he is satisfiedafter inquiry that there has been a breach ofany of the conditions of the permit, makeorder cancelling the permit.

(2) The Government Agent may adjournany inquiry under this section from time totime and shall hear evidence before makinghis order.

All such evidence shall be given on oathor affirmation which the Government Agentis hereby authorized to administer for thepurpose.

(3) Where an inquiry under this section isadjourned, notice in writing of the date andthe time to which the inquiry is adjournedshall be given by the Government Agent tothe permit-holder.

Ill. Every order made by theGovernment Agent for the cancellation of apermit shall be dated as of the date onwhich such order was made.

1l2. (I) A copy of an order made by aGovernment Agent under section 110 shallbe served forthwith on the permit-holderand a copy of such order shall also beaffixed forthwith in a conspicuous positionon the land affected by such order. Everycopy so served or affixed shall contain astatement to the effect that an appeal fromsuch order will lie to the LandCommissioner if preferred within a periodof thirty days reckoned from the date of theorder and such date shall be specified insuch statement.

Procedurewhere permitholder appearsand show;cause.

[§57,160f1969.]

[§ 57, 16 of1969.]

Date of orderof cancellation.

Order ofGovernmentAgent to beserved onpermit-holderand to beposted on land.

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Appeal toLandCommissioner.

Time-limit forappeal.

[§ 58, 16 of1969.]

Powers ofLandCommissioner.

Copy of LandCommissioner'sdecision to beserved onpermit-holderand to be final.

(2) If a permit-holder who has to beserved under subsection (I) with a copy ofan order made by the Government Agentunder section 110 cannot by the exercise ofdue diligence be found, the copy shall bedeemed to be duly served if it is left withsome adult member of the permit-holder'sfamily or with his servant residing withhim; and, if there is no member of thefamily or servant of that permit-holder onwhom the copy can be so served by way ofsubstitution for personal service, it shall bedeemed to be duly served on that permitholder if it is affixed to some conspicuouspart of the house or homestead in which heordinarily resides.

113. A permit-holder aggrieved by anorder made by the Government Agent undersection 110 may appeal therefrom to theLand Commissioner.

114. (I) An appeal under section 113shall be preferred by written petition withina period of forty-two days reckoned fromthe date on which the order appealed fromwas made.

(2) In computing the time within whichan appeal must be preferred, the date onwhich the order appealed from was madeshall be excluded, but all public holidaysshall be included.

115. The Land Commissioner may In

appeal-

(0) direct further inquiry to be made orinformation to be furnished orevidence to be given; or

(b) allow the appeal and set aside theorder of the Government Agent; or

(c) modify the order of the GovernmentAgent; or

(d) affirm the order of the GovernmentAgent; or

(e) make such other order as he mayconsider just.

116. (I) The decision of the LandCommissioner under section 115 shall becommunicated to the Government Agentwho shall forthwith cause a copy thereof tobe served on the permit-holder whopreferred the appeal.


(2) Any decision made by the LandCommissioner under section 115 shall befinal and conclusive for all purposes.

117. No appeal shall lie against an orderof cancellation made by the GovernmentAgent under section 109 but such ordershall be final and conclusive for allpurposes.

118. The agent or representative of anyowner or permit-holder may appear beforethe Government Agent in any proceedingstaken or inquiry held under this Chapter:

Provided that the Government Agent mayat any time require any owner or permitholder to appear in person before him if inhis opinion the attendance of that owner orpermit-holder is necessary for the purposeof any proceedings taken or inquiry heldunder this Chapter.

118A. Where the Land Commissioner inthe exercise of his powers under section23A* varies a decision of a GovernmentAgent selecting a person to receive a permitfor the occupation of land, the LandCommissioner shall give notice in writing inthe prescribed form to such person that-

(0) where a permit has been issued tosuch person, such permit shall, witheffect from the date specified in thenotice, be deemed to be cancelled;or

(b) where no permit has been issued tosuch person and where such personis in occupation of the land, suchperson shall vacate and deliverpossession of the land on such dateand at such time. and to suchofficer, as may be specified in thenotice.

CHAPTER IX

PROCEDURE I)'; EJECTMENT

119. When the grant of a holding hasbeen cancelled under the provisions ofsection 104, the Government Agent mayissue a notice on any person in possession oroccupation of the holding calling upon suchperson forthwith to vacate the holding.

GovernmentAgent's orderunder section109 is final.

Righi of partyto berepresented byagent.

Effect of theLandCommissionerreversing adecision of theGovernmentAgent selectinga person toreceive apermit for theoccupation ofland.[§ 59. 16 of1969.)

Not ice to issueon party inoccupation tovacate holding.[§ 60, 16 of1969.)

XI/427


Execution oforder ofejectment.

Report to aMagistrate ifperson servedwith noticerefuses tovacate holding.

Summons toIssue.

120. If any person on whom a notice hasbeen issued under section 119 fails forthwithto vacate the holding and deliver overpossession thereof in terms of the noticeso issued and served upon him, theGovernment Agent, or some other persondeputed by him for the purpose, maypresent to the Magistrate a written reportstating the fact that the grant relating tosuch holding has been duly cancelled andthat the person named in such report is inunlawful possession or occupation of suchholding and has failed to vacate suchholding though served with a notice issuedunder section 119.

121. Upon receipt of a written reportpresented to him under section 120, theMagistrate shall forthwith issue a summonsto the person named in such report toappear and show cause on a specified datewhy he should not be ejected from theholding.

Procedure Act shall apply accordingly asthough the appeal were preferred against afinal order of a Magistrate in respect ofwhich an appeal lies to the Court of Appealunder that Chapter of that Act.

127. (I) If no appeal has been preferredagainst an order of ejectment made by aMagistrate under section 125 within thetime allowed for such an appeal, or, if anappeal has been preferred after the finaldecision of the Court of Appeal affirmingthe order of ejectment shall have been dulycertified to the Magistrate's Court, the [§ 62, 16 of

Magistrate shall, on the application of the 1969.]

Government Agent or other prescribedofficer, direct the Fiscal or a peace officer toeject from the holding any person bound bythe order of ejectment and to deliverpossession of the holding to theGovernment Agent or other prescribed [§ 62, 16 of

officer or to the representative of the 1969.]

Government Agent or other prescribedofficer.

(2) The Fiscal or the peace officerentrusted with the execution of the order ofejectment shall comply with the directionsof the Magistrate and make due return ofthe manner in which he executes the order.

(a) after the cancellation of the permit [§ 63, 16 of

whereby that land was alienated, or 1969.]

(b) after the date on which possession ofthat land was required by noticeunder paragraph (b) of section 118Ato be delivered to the officerspecified in such notice, or

(3) In executing an order of ejectment,the Fiscal or the peace officer or any officerauthorized by either of them may use suchforce as may be necessary to enter theholding, to eject any person bound by theorder of ejectment and to deliver possessionof the holding to the Government Agent [§ 62, 16 of

or other prescribed officer or to the 1969.]

representative of the Government Agent orother prescribed officer.

Order ofejectmentwhere no causeis shown.

Inquiry if causeis shown.

Order ofejectment.

Appeal toCourt ofAppeal.

122. If on the date specified in asummons issued under section 121, theperson to whom such summons was issuedfails to appear, or appears and informs thecourt that" he has no cause to show againstan order of ejectment, the court shallforthwith issue an order directing suchperson to be ejected from the holding.

123. If the person to whom summonshas been issued under section 121 appearson the date specified in such summons andstates that he has cause to show against theissue of an order of ejectment, theMagistrate may proceed forthwith to hearand determine the matter or may set thecase down for inquiry on some future date.

*125. If, after due inquiry, theMagistrate is not satisfied that the personshowing cause is entitled to the possessionor occupation of the holding, he shall makeorder directing such person forthwith to beejected from the holding.

126. Any person aggrieved by an ordermade against him by the Magistrate undersection 125 may appeal therefrom to theCourt of Appeal; and the provisions ofChapter XXVIII of the Code of Criminal

• Section 124 is repealed by Act No. 16 of 1969.

128. (l) The provisions of this Chaptershall apply, mutatis mutandis, in a casewhere any person is in unlawful orunauthorized possession or occupation ofState land-

Ejectment fromland alienatedon permit.

XIj428


(0) the necessary wearing apparel, beds,and bedding of the permit-holder [§ 68,16 of

who has made default, or of his wife, 1969.]

and children; and

[§ 63, 16 of1969.]

Payment ofmoneys due tothe State.[§ 64, 16 of1969.]

Remission,reduction andwaiver ofannualpayments.

[§ 65, 16 of1969.]

(c) after the Government Agent wasentitled to take possession of thatland by virtue of the provisions ofsection 105.

(2) At any inquiry by a Magistrate intocause shown against the issue of an order ofejectment from a land alienated on a permit,it shall not be open to the permit-holder orany other person claiming title to such landthrough or under the permit-holder to assertor prove-

(0) that such land does not belong to theState, or

(b) if the permit was cancelled, that suchcancellation should not have beenmade.

CHAPTER X

RECOVERY OF ANNUAL PAYMENTS

AND MONEYS DUE To THE STATE

129. Any annual or other payment ofany money due to the State by a permitholder in respect of any land alienatedunder this Ordinance may be made at thedistrict kachcheri to the Government Agentor to an officer authorized by theGovernment Agent to receive suchpayments and to issue receipts therefor.

130. (I) It shall be lawful for theMinister at any time to remit any annualpayment or arrears of annual payments orany moneys due to the State under thisOrdinance.

(2) The powers of the Minister undersubsection (I) may be exercised on hisbehalf by such persons and in such manneras may be prescribed.

(3) If the Government Agent is satisfiedthat there is sufficient cause for grantingrelief generally to any class of persons inany locality in respect of any annualpayments due by such persons on accountof lands alienated in such locality onpermits, he may either reduce the amount ofany such annual payment or waive italtogether:

Provided that such reduction or waivershall not be made operative for a periodexceeding one year.

131. Without prejudice to the generalityof the grounds upon which a GovernmentAgent may reduce or waive any annualpayment under section 130, any generalfailure of crops due to unfavourable weatherconditions, any exceptional fall in the priceof any staple commodity, any epidemic, orany outbreak of cattle disease adverselyaffecting the cultivation of the land, may bedeemed to be a sufficient cause for grantingrelief under that section.

132. A permit-holder shall be liable inrespect of any payments which may beoverdue or in arrears, to make additionalpayments to the State according to such scaleand in such manner as may be prescribed.

133. Any amount due to the State by apermit-holder in respect of any land alienatedunder this Ordinance shall be a first charge onthe land held by such permit-holder on thepermit.

134. If a permit-holder makes default inthe due payment of any moneys payable byhim in respect of the land alienated to thatpermit-holder on the permit, the GovernmentAgent or any person authorized by him inwriting may seize and sequester the crops ofsuch land together with any movable propertytherein belonging to the permit-holder whohas so made default:

Provided that the following property shallnot be liable to seizure or sequestration underthis section :-

(b) utensils used in his dwelling house forcooking or for the preparation offood, his implements of husbandryand such cattle and seed-grain asmay, in the opinion of the officereffecting the seizure or sequestration,be necessary to enable him to earnhis livelihood as an agriculturist.

135. In this Chapter a growing crop onany land shall not be regarded as an interestin land but shall be deemed to be movableproperty.

Specifiedgrounds uponwhich areduction orwaiver ofannualpayments maybe made.

Penalties forpaymentsoverdue or inarrears.[§ 66. 16 of1969.]

Money due toState a firstcharge on land.

[§ 67, 16 of1969.]

Seizure andsequestrationof crops andmovableproperty ofdefaultingpermit-holder.[§ 68, 16 of1969.]

In this Chaptera growing cropis movableproperty.

XI/429


Property seizedto be takencharge of.

Sale ofpropertyseized.

List ofpropertyseized.

Excess to berefunded todefaulter.

Seizure of landalienated onthe permit.[§ 69, 16 of1969.]

[§ 69, 16 of1969.]

136. The person effecting the seizuremay take charge of or place another personin charge of any crops, produce or movableproperty seized under section 134.

137. (1) If the defaulter fails to pay theamount due to the State together with thecosts of seizure within a period of thirtydays reckoned from the date of such seizurethe Government Agent may cause theproperty seized to be sold by public auctionor by tender:

Provided that perishables may be sold assoon as may be deemed expedient by theperson effecting the seizure.

(2) In computing the period of thirty daysreferred to in subsection (1), the date onwhich the seizure was made shall beexcluded but all public holidays shall beincluded.

(3) Regulations may be made prescribingthe costs which may be charged orrecovered for any seizure or sale effectedunder this Chapter.

138. (1) A list shall be made showingdetails of the property seized under section134 and sold under section 137, the namesand addresses of the purchasers, the pricesrealized, and the total amount recovered bythe sale.

(2) Upon payment of the purchasemoney, a purchaser at a sale under section137 shall receive a certificate of sale showingthe property purchased and the price paidfor such purchase.

139. If the amount realized by the saleof the property seized under section 134exceeds the total amount of the debt due tothe State together with the costs of seizureand sale, the Government Agent shallrefund the excess to the defaulter.

140. If at a sale under section 137 theamount recovered is insufficient todischarge the debt due by the permit-holderto the State together with the costs ofseizure and sale, the Government Agent or aperson authorized by him in writing mayseize the land alienated on the permit.

141. (1) A seizure of a land referred toin section 140 shall be effected by servingupon the permit-holder to whom that landwas alienated a notice substantially in theprescribed form and by affixing a copy ofsuch notice in a conspicuous position onsuch land. A copy of such notice may alsobe served on any other person interested inthe land or affected by the seizure thereof.

(2) If a permit-holder who has to beserved with a notice under subsection (1)cannot by the exercise of due diligence befound, the notice shall be deemed to be dulyserved on that permit-holder if a copythereof is left with some adult member ofhis family or with his servant residing withhim; and, if there is no member of thefamily or servant of that permit-holder onwhom the notice can be so served by way ofsubstitution for personal service, the noticeshall be deemed to be duly served on thatpermit-holder if a copy thereof is affixed tosome conspicuous part of the house orhomestead in which he ordinarily resides.

(3) No land shall be seized if the defaultingpermit-holder to whom that landwas alienated surrenders free and unclaimedmovable property to satisfy the entirety ofthe amount due from him.

142. (1) Every seizure of a land referredto in section 140 shall be registered.

(2) No disposition of a land alienated ona permit shall be valid if it is effected orregistered after the seizure of that land hasbeen registered.

143. (1) The seizure of a land undersection 142 shall operate as a cancellation ofthe permit under which such land wasalienated, and the permit-holder to whomsuch land was alienated shall have no claimwhatsoever to such land but such permitholder shall, if he pays within a period ofone year from the date of the seizure of theland the total amount due in respect of suchland together with the costs of seizure, beentitled to be placed in possession of suchland on the same terms and conditions onwhich the land was held by such permitholder on the date of the seizure.

Where the permit-holder dies before theexpiry of the period of one yearhereinbefore specified the right to be placed

Seizure, howeffected.

[§ 70, 16 of1969.]

[§ 70, 16 of1969.]

[§ 70, 16 of1969.]

Registration ofseizure.[§ 71, 16 of1969.]

[§ 71,16 of1969.]

Seizure of landunder section142 operates ascancellation ofpermit.[§ 72, 16 of1969.]

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Recovery ofmoney due tolocalauthorities.[§ 74, 16of1969.]

[§ 74, 16of1969.]

Delivery tolocal authorityofmoneyreceived byGovernmentAgent.

All moneys duetoState mustbe recoveredby procedureunder thisChapter.[§ 75, 16of1969.]

in possession of the land alienated to thedeceased permit-holder may be exercised bythe spouse of such permit-holder or anyother person nominated by such permitholder as his successor on the same termsand within the same period.

(2) The right referred to in subsection (I)may be given effect to upon an endorsementsubstantially in the prescribed form made bythe Government Agent on the permitrelating to such land. Every suchendorsement shall be registered.

*152. (I) If a permit-holder fails to payany sum due to a local authority in respectof the land alienated to that permit-holderon the permit, such local authority mayreport the defaulter to the GovernmentAgent, who may thereupon take actionunder this Chapter to recover the sum duefrom the defaulter as though such sum weredue to the State and not to such localauthority.

(2) Save as is herein expressly provided, alocal authority shall not take proceedingsfor the recovery of any sum due to suchlocal authority from a permit-holder inrespect of the land alienated to that permitholder on the permit.

153. The Government Agent shalldeliver to a local authority any sumrecovered by him in satisfaction of the debtdue to such local authority and of theinterest thereon, if any, and shall pay thecosts of seizure, if recovered, into theConsolidated Fund.

154. No money, rate, tax, duty or feedue to the State under any other written lawIn respect of or on account of a landalienated on a permit to any person, shall berecovered except in accordance with theprovisions of this Chapter.

156. In particular and without prejudiceto the generality of the powers conferred bysection ISS, regulations may be made for,and with respect to, all or any of thefollowing matters :-

(0) the forms, fees, documents, andmatters stated in or required by thisOrdinance to be prescribed;

(b) the mapping-out of State land;

(c) the alienation under this Ordinance ofState land over 5,000 feet In

elevation;

(d) the maintenance of reserves for thepreservation of the sources andcourses of streams and for theprevention of erosion of the soil;

(e) the manner of paying or recoveringfees, costs or other charges;

(f) the collection by the GovernmentAgent of moneys due to localauthorities;

(g) the classification of persons for thepurpose of alienating State landunder this Ordinance ;.

(h) the procedure to be observed, the feesto be paid and the forms to be usedIn preferring appeals to theMinister;

(I) the manner of publishing or servingnotices or of serving other process;

(j) the assessment of annual payments;

(k) the return of the annual paymentsmade by the permit-holder who hadmade such payments undersubsection (3) of section 19At andwhose permit was cancelled;

(f) any matters incidental to or connected

Matters whichmaybeprovided forbyregulations.

[§ 76, 16 of1969.]

CHAPTER XI

REGULATIONS

with thespecificallysection.

mattersreferred

orto

subjectsIn this

Ministerauthorized tomakeregulations.

155. The Minister may make regulationsfor the purpose of carrying out or givingeffect to the principles and provisions of thisOrdinance.

• Sections 144to 151 are repealed byAct No. 16 of 1969.t Section 19A is repealed by Law No. 43 of 1973.

157. No regulation shall have effect until Regulations toit has been approved by Parliament. beapproved.Notification of such approval shall bepublished in the Gazette.

XI/431


any [§ 80, 16 of1969.]

(a) the State shall be entitled to instituteaction against any person, in whosefavour an action against the Statefor vindication of title to any landreferred to in subsection (I) hasbeen decided, for the value of anyimprovements effected on that landby the State or any person to whomsuch land has been alienated underthis Ordinance; and

Regulations tohave statutoryforce.

Ordinancedeemed to bereferred to inleases orpermitsexecuted priorto itsintroduction.

GovernmentAgent to enterany landalienated on apermit orholding at anytime.[§ 77, 16 of1969.]

No prescriptivetitle to beacquired toland alienatedunderOrdinance.[§ 78, 16 of1969.]

Notaryprohibitedfrom attestinginstrument ofdisposition of aholding incontraventionof theprovisions ofthis Ordinance.[§79, 16 of1969.]

158. A regulation made by the Ministershall, upon the publication of thenotification of approval provided for insection 157, be as valid and effectual asthough it were herein enacted.

CHAPTER XII

MISCELLANEOUS

159. Where in any State lease or permitexecuted before the date on which thisOrdinance shall come into operation it isprovided-

(a) that such lease or permit shallterminate when legislation is passedfor its cancellation; or

(b) that at the expiration of a statedperiod of time or upon thefulfilment by the lessee or by thepermit-holder of stated conditionssuch lessee or permit-holder shall begiven the right to hold the landupon a tenure to be thereafterintroduced by legislation,

this Ordinance shall be deemed to be thelegislation referred to in such lease orpermit.

160. The Government Agent or anyperson duly authorized by him in writingmay at any time of the day between 6 a.m.and 6 p.m. enter any land alienated on apermit or holding for the purpose ofinspection or for any other purposeincidental to or connected with the duties ofa Government Agent under this Ordinance.

161. No person shall, by possession ofany land alienated on a permit, acquire anyprescriptive title thereto against any otherperson or against the State.

162. (1) A notary shall not attest anyinstrument operating as a disposition of aholding which contravenes the provisions ofthis Ordinance.

(2) An instrument executed or attested incontravention of the provisions of thissection shall be null and void.

163. A notary who knowingly attestsany deed in breach of the provisions ofsection 162 shall be guilty of an offence andshall, on conviction by a Magistrate aftersummary trial, be liable to a fine notexceeding five hundred rupees.

164. The fact that any land has beenmapped-out shall be no bar to the inclusionof such land in a settlement notice under theLand Settlement Ordinance.

165. (I) Nothing m this Ordinancecontained shall preclude any personclaiming to be entitled to any land whichhas been alienated from instituting an actionagainst the State for the vindication of histitle thereto; but nothing in this section shallenable or authorize the owner of a holdingor a permit-holder to sue the State for thevindication of title to such holding or to theland alienated to such permit-holder, as thecase may be.

(2) Notwithstanding anything in

other law-

(b) no action shall be maintainable in anycourt of law against the State fordamages arising from theoccupation of such land by anyperson to whom such land has beenso alienated.

165A. (1) Where an action instituted byany person against the State for vindicationof title to any land alienated under thisOrdinance has been decided in favour ofsuch person, and where the Ministerapproves the acquisition of that land by theState, that land shall be deemed to berequired for a public purpose and mayaccordingly be acquired compulsorily underthe Land Acquisition Act.

Notaryattesting deedin breach ofsection 162guilty ofoffence.

Mapped-outland may besettled.

Action reivindicatio maybe maintainedagainst State inrespect ofalienated land.

Power toacquire landthe title ofwhich has beenvindicatedunder section165.[§8I,160f1969.]

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(2) For the purposes of the assessment ofcompensation in respect of any land whichis referred to in subsection (I) and which isacquired under the Land Acquisition Act,subsection (I) of section 45 of that Act shallhave effect as if there were substituted, forthe words .. on the date of publication ofthat notice in the Gazette" occurring in thatsubsection, the words .. on the dayimmediately preceding the date of alienationof that land by the State under the LandDevelopment Ordinance ".

Protection of 166. No suit shall lie against any publicpublic servants. servant for anything done by him in good

faith under this Ordinance.

Ordinance repealed by Ordinance No. 20 of1931, or has been acquired by the Stateunder the Land Acquisition Ordinance,1876,· or under the Land Acquisition Act.

(2) A conviction under this section shalloperate as an order of ejectment madeunder section 125 and on such convictionthe Government Agent or other prescribed [§ 82, 16 of

officer may, after the lapse of the appealable 1969.]

time, or, if an appeal has been preferred,after the conviction has been affirmed inappeal, apply to the Magistrate undersection 127 for the enforcement of suchorder of ejectment.

Provisions ofparticularenactments notto apply.

Offences inregard to Stateland.[§ 82, 16 of1969.]

[§ 82, 16 of1969.]

167. (I) The prOVISIOns of theenactments enumerated in the first columnof the Fourth Schedule shall, to the extentindicated in the second column of suchSchedule, have no application to any landalienated under this Ordinance.

(2) The Minister may, by regulationmade under section ISS, add to the FourthSchedule.

168. (I) If any person without thepermission of the Government Agent-

(a) clears or breaks up for cultivation orcultivates any State land; or

(b) erects any building or structure onsuch land; or

(c) fells or otherwise destroys any treesstanding on such land; or

(d) otherwise encroaches on such land,

he shall be guilty of an offence and shall onconviction by a Magistrate be liable to pay afine not exceeding five hundred rupees or toimprisonment of either description for aterm not exceeding six months or to bothsuch fine and imprisonment:

Provided that no person shall beconvicted under this section unless the landin question has been declared to be theproperty of the State under the LandSettlement Ordinance, or under any

• Repealed by Act No.9 of 1950.

168A. (l) If any person encroaches onany land which has been alienated underthis Ordinance on a permit, he shall beguilty of an offence and shall on convictionafter summary trial before a Magistrate beliable to a fine not exceeding five hundredrupees or to imprisonment of eitherdescription for a term not exceeding sixmonths or to both such fine andimprisonment.

(2) Proceedings under subsection (I) maybe instituted by the Government Agent ofthe administrative district in which the landencroached on is situated or by any officerauthorized in that behalf by suchGovernment Agent.

(3) A conviction under subsection (I)shall operate as an order of ejectment madeunder section 125 and on such convictionthe Government Agent of the administrativedistrict in which the land encroached on issituated or other prescribed officer may,after the lapse of the appealable time, or, ifany appeal has been preferred, after theconviction has been affirmed in appeal,apply to the Magistrate under section 127for the enforcement of such order ofejectment.

169. No trust or equitable charge shallbe created, declared, recognized or enforcedin respect of any land alienated under thisOrdinance.

Encroachmenton landalienated on apermit.[§ 83, 16 of1969.]

Trusts, &c ..affecting landnot to berecognized.

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Succession tobe regulatedentirely by thisOrdinance.

[§ 84, 16 of1969.]

170. (1) No written law (other thanthis Ordinance) which provides forsuccession to land upon an intestacy and noother law relating to succession to landupon an intestacy shall have any applicationin respect of any land alienated under thisOrdinance.

(2) No person shall, by virtue of anyappointment in any last will, have oracquire any title to succeed to any landalienated under this Ordinance save andexcept a successor duly nominated by lastwill under the provisions of Chapter VII.

·172. Regulations may be made forlending money to permit-holders who arepaying annual sums by virtue of· theprovisions of subsection (3) of section 19Atout of funds provided for the purpose byParliament. Such regulations may prescribethe conditions upon which and the terms forwhich such money may be lent. Wheredefault is made in the repayment of anymoney lent to such a permit-holder underthis section such money together with theinterest, if any, which is due theron shall bedeemed to be money due to the State underthis Ordinance and may be recovered in themanner hereinbefore provided in Chapter X.

Loans topermit-holderswho are payingannual sums byvirtue ofprovisions ofsection 19A(3)t.[§ 86, 16 of1969.]

[§ 86, 16 of1969.]

[§ 88, 16 of1969.]

t THIRD SCHEDULE

RULES

I. (a) The groups of relatives from which a successor may be nominated for the purposes of section 51 shall beas set out in the subjoined table.

(b) Title to a holding for the purposes of section 72 shall devolve on one only of the relatives of the permitholder or owner in the order of priority in which they are respectively mentioned in the subjoined table, the olderbeing preferred to the younger where there are more relatives than one in any group.

Table

[Sections 51.71.72 and 77.]

(i) Sons.(ii) Daughters.(iii) Grandsons.(iv) Granddaughters.(v) Father.(vi) Mother.

In this rule, .. relative" means a relative by blood and not by marriage.

(vii) Brothers.(viii) Sisters.(ix) Uncles.(x) Aunts.(XI) Nephews.(xii) Nieces.

2. Where in any group of relatives mentioned in the table subjoined to rule 1 there are two or more persons ofthe same age who are equally entitled and willing to succeed, the Government Agent may nominate one of suchpersons to succeed to the holding. Such decision of the Government Agent shall be final.

··4. If any relative on whom the title to a holding devolves under the provisions of these rules is unwilling tosucceed to such holding, the title thereto shall devolve upon the relative who is next entitled to succeed under theprovisions of rule I.

FOURTH SCHEDULE [Section 167.]

Column I

I. The Panition Law

• Section 171 is repealed by Act No. 16 of 1969.Section 19Ais repealed by Law No. 43 of 1973.First and Second Schedules are repealed by Act No. 16 of 1969.

•• Rules 3 and 5 are repealed by Act No. 16 of 1969.

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Column 2

The whole