Agrarian Services (Amendment) Act 1991 (No. 4 of 1991)

PARLIAMENT QIFT,HE .DElVIOCRATIC SOCIALIST REPUBLIC OF SRI LA·NKA AGRARI'A,N S:E,RVI,C,£S (AJYIENDlVIENT) l\CT~ No.4 O'F 1991 [Certified on 23rd February 1991J Printed on the Orders of Government Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of March 01, 1991 1'HIN'1'ED AT 'rIlE DEPAllTMENT OF GOVERNMENT PRINTING. SRI LANKA TO BB PtJRCHASEQ AT THE COVERNMENT PUBLICATIONS BUREAU, COLOJ4BO A!jtaTian Services (Amendment) Act: No. 4 of 1991 lCefflfied em Z3rd February, 1991] L. D.-O.53/87 AN ACT TO AMEND THE AGRARIAN SERVICES ACT, No. 58 OF 1979 BE it enacted Jjy the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: 1. This Act may be cited as the Agrarian Services (Amendment) Act, No.4 of 1991. 2. Section 2 of the Agrarian Services Act, No. 58 of 1979 (hereinafter referred to as "the principal enactment") is hereby amended by the insertion, immediately after sub section (2) of that section, of the following subsection::..-. . " (3) Any person who cultivates an extent of paddy land let to him by any other person Who holds that ex tent under a permitfssued under the Land Develop ment Ordinance subject to the condition that the permit holder himself should cultivate that extent, shall be deemed not to be a tenant cultivator within the meaning of this Act. ". 3. Section 4 of the principal enactment is hereby amend ed in subsection (1) of that section by the addition, at the end of that subsection, of the following words: "For the purpose of this section any paddy land cultivated by a spouse or a minor child below eighteen years of age, of a tenant cultivator shall be deemed to be paddy land cultivated by that tenant cultivator.". 4. Section 5 of the principal enactment is hereby amended as follows: (a) by the repeal of subsection (3) of that section and the 'Substitution therefor, of the following subsection: c· (3) Wlherea tenant cultivator of an extent of paddy land notifies the Commissioner, in writing, that he has been evicted from such extent, the Commissioner shall cause an inquiry to be held by an Inquiry Officer for the purpose of deciding the question whether such person had been evicted. Jl; (b) by the substitution in subsection. (5) of that section ShorttiUe· AmendDient of section 2 of Act No. 58 of 1979. AmendmeDt of section 4 of the principal enactwIDt. Amenclment of section 5 of the principal enactment. 2 Agrarian Services (Amendment) Act, No.4 of 1991 (c) by the repeal of subsection (6) of that section, and the substitution therefor, of the following subsec tion : " (6) The landlord of the extent of the paddy land and the person evicted shall be given an opportunity of being heard in person or through a representative at an inquiry. The decision of the Inquiry Officer after such inquiry shall be commu nicated in writing to the Commissioner, the land lord and the person evicted. If the landlord or the person evicted is aggrieved by such decision, he may within thirty days of the communication of the decision to him, by petition in writing in which the other person shall be mentioned as res pendent, appeal to the Board Qi Review appointed under Part IVA for the Province in which such extent of paddy land is situated, against that deci sion on a question of law. A copy of such L,etition shall be sent by registered ;.ost to the Commis sioner at the .time of making the appeal. Where no appeal is made from such decision within the time allowed therefor such decision shall be final and conclusive and shall not be called in question in any court or tribu-ial.": (d) by the repeal of subsection (7) of that section and the substitution therefor, of the following subsection : "(7) Where at any inquiry referred to in sub section (3) the Inquiry Officer holds (a) that evictio.i has been established and no appeal is made from such decision within the time al'owed therefor or the Board of .R,l"view has on any such ap peal confirmed the decision of the In quiry Offioer that eviction has been es tablished ; or {b) that eviction has not been established and the Board of Review has on appeal varied the decision of the Inquiry Offi cer and held that eviction has been established Agrarian Services (Amendment) Act, No.4 of 1991 3 (i) the person evicted shall be entitled to have the use and occupation of the ext :!11t of paddy land res tored to him. (ii) the Commissioner shall on receipt of the dec'uion of the Inquiry Officer or the Board of Review, as the case may oe, order in writing that every person in oc cupation of such extent of pad dy land shall vacate ·it on or before such date a3 shall be specified ill that order and if such person fails to comply with sue" order he shall be evicted from such extent in accordance with the provisions of section 6 ; and (iii) the landlord of the extent of paddy land shall for each day during the period commencing on the date of eviction of the person mentioned. in sub-para graph (i) and ending on 'the date on waich he is restored to possession, pay to such person damages at such rate as may be prescribed unless the Inquiry Officer or the Board of Review has held that such person was evicted without the knowledge, consent or connivance of such landlord: Provided that no damages shall be payable fo'." any part of ·the period referred tb in this sub-paragraph during which the - - . . 4 Agrarian Services (Amendment) Act, No.4 of 1991 (e) by the repeal of the second proviso to subsection (9) of that section and the substitution of the following there for: "Provided further, that where any extent of paddy land is let by a lessee to a sub-tenant without obtaining the consent in writing of the owner of such extent-s (a) the sub-tennant shall not be enti tled to any right of a tenant cultivator in respect. of such extent ; (b) the Commissioner shall in writing order the sub-tennant to vacate such extent on or before the date specified in the order and if the sub-tennant fails to comply with such order he shall be evicted fro.'?'! such l xtent in accordance with the provisions of section 6; (c) the owner shall be entitled to cultivate such extent in accor dance with the provisions of subsection (5) of section 4 ;" (f) by the addition immediately after sub section (11) of that section of the fol lowing new subsection which shall have effect as subsection (l1A) of that section : " (llA) Nothing in Chapter LXVI of the Civil Procedure Code inserted in that Code by the Civil Procedure Code (Amendment) Act, No. ';9 of 1988, shall be read or construed as empowering a Judge of the Small Claims Court to hold any inquiry or make any Order under the aforesaid Chapter in respect of a dispute affe\lc!.alg paddy land with in the meaning ot this Act.". Agrarian Services (Amendme1'tt) Act, No.4 of 1991 5 5. The following new sections are hereby Inserted imme diately after r-ectron 5 of the principal enactment and shall have effect as section 5A and section 5B respectively of the principal enactment : "Exemption of 1811d owned by temples, &c. 5A. (1) Any Viharadhipathi or high priest of a temple, kovil or church or any trustee of a mosque may, wtuun twelve months of the enactment of this section make applica tion to the Commissioner to have an extent of land not exceeding two acres owned by such temple, kovil, church or mosque exempted from the application of section 2 of this Act. (2) The Commissioner shall hold an inquiry into such application at which the tenant cultivators, if any, of such extent of Jand shall be afforded an opportunity of making representations. The Commissioner shall thereafter make the decision exempting such extent of land as may be reasonably necessary for the maintenance of the temple, kovil, church or mosque, being an extent not exceeding two acres, from the applica tion of the provisions of section 2. The Com missioner shall also decide the amount of compensation payable to each tenant culti vator by the applicant and the date before which such compensation shall be paid. (3) Any person aggrieved by the decision of the Commissioner may appeal to the .Board of'Review against the decision and the Board of Review may affirm or vary the Commissioner's decision. The decision of tile Board of Review on such appeal shall be final and concluslve. (4) Where-no appeal is made to the Board of Review, or an appeal ha\ring been made the Board affirms the decision of the Commissioner, the Commissioner shall Insertion of new &eet1on 5A and 58 in the pJjncipal enactment. Exemption of 'Paddy land owned by certain owners Agrarian Services (Amendment) Acr, No.4 of 1991 (5) Where the tenant cultivator fails to vacate the extent of land in compliance with SItch order, he may be evicted under the provisions of section 6, provided that the Commissioner shall take action to evict such tenant cultivator only after any compensa tion due to him under this section has been paid in full by the applicant. 5B. (1) An owner of paddy land whose only source of income is the rent paid by his tenant cultivators may within twelve months of the enactment of this section make application to the Commissioner for an exemption from the application of section 2 of this Act. For the purpose of this section a~ paddy land owned by a spouse or a minor child below eighteen years of age of an owner of paddy land shall be deemed to be paddy land owned by such owner. (2) 'Phe Commissioner shall hold an 'itlqniry into such application at which the tenant cultivators of such paddy land shall be afforded an opportunity of making represen tations. The Commissioner shall, if the re~uirements of subsection (1) are satisfied. make the decision exempting an extent not exceeding one acre of such land from the application of the provisions of section 2. The Commissioner shall also decide the amount of compensation payable to each tenant cultivator by the applicant and the date before which such compensation shall be paid. (3') Any person aggrieved by the decision of the Commissioner may appeal to the Board of Review against the decision and the Board of Review may affirm or vary the Commi$Sioner's decision. The decision of the Soard of Review on such appeal shall be final and conclusive. Agrarian Services (Amendment) Act, No.4 of 1991 7 (4) Where no appeal is made to the Board of Review or an appeal having been made, the Board of Review affirms the decision of the Commissioner, the Commissioner shall crder the tenant cultivator or tenant culti vators to vacate the land on or before the date specified in the order. (5) Where any tenant cultivator fails to vacate the extent of land in compliance with such order he may be evicted under the pro visions of section 6, provided that the Com missioner shall take action to evict such tenant cultivator only after any compensa tion due to him under this section has been paid in full by the applicant.". 6. Section 7 of the principal enactment is hereby repealed. 7. Section 8 of the principal enactment is hereby amended by the repeal of subsection (1) of that section and the substitution therefor of the following subsection: (1) Where a tenant cultivator of any extent of paddy land, other than a tenant ultivator vzho cultivates such extent either jointly or in rotation with any other tenant cultivator, dies, his rights under this Act in respect of such extent shall devolve on the surviving spouse of such tenant cultivato-r and failing such spouse on only one of the children of such tenant cultivator, the eldest being preferred to the others where there are more children than one, provided that the successor to the deceased tenant culti vator's rights is a person who is not perma nently employed and whose main occupation iE cultivation of paddy. " 8. Section 11 of the principal enactment is hereby amened as follows: (a) by the repeal of subsection (2) of that section and the substitution therefor of the following' sub Repeal of section 7 of the principal enactment Amendment of section 8 of the principal enactment Amenc:br.eilt ofsectiOll 11 of the principal enactment. 8 Agrarian Services (Amendment) Act, No.4 of 1991 " (2) A tenant cultivator of any extent of paddy land. may, with the written sanction of the Com missioner given after such inquiry and on such terms as h€ may deem necessary, transfer his rights in respect of such extent to his landlord if such landlord is also the owner of such extent. Such transfer shall be in accordance with the succeeding provisions of this subsection (a) where the tenant cultivator of an extent of paddy land intends to transfer his interest in such extent, he shall communicate in .nit!ng his intention and the price at which he intends to transfer his interest in such p,dent to the owner of such extent. A copy of such communication shall be sent by the tenant cultivator by registered post to the Agrarian Services Committee within whose area of authority such extent of paddy land is situate. ~c) If the owner is willing to purchase the interest of the tenant cultivator in such extent of paddy land at the price nominated, by the tenant cultivator, the owner shall indicate pis willingness to the Agrarian Services Corrmittee which shall fix a. period within which the transfer is to be completed. (c) If the owner is willing to purchase the interest of the tenant cultivator in such extent of paddy land but states that the price nomi nated by the tenant cultivator is excessive, the Agrarian Services Committee may, in consultation with the tenant cultivator, determine a price, which in its opinion is reasonable and fix a period within which the transfer is to be completed. (d) Where the owner is not willing to purchase the ·interest of the tenant cultivator in such extent of paddy land or is not willing to purchase it at the price determined by the Agrarian Services Committee, or where such owner having agreed to purchase such interest at the price nominated by the t~I.\ant Agrarian Services (Amendment) Act, No.4 of 1991 cultivator or determined by the Agrarian Ser vices Committee, as the case may be, does not complete the transfer within the period fixed therefor, the Agrarian Services Com mittee shall issue a certificate to that effect. "; (b) in subsection (3) of that section by the substitution for the words" Any transfer or cession by", of the words "Any transfer by"; (c) by the repe:..l of subsection (4) of that section; and (d) in the marginal note of that section, by the substi tution for the words "Transfer and cession ", of the word "·Transfer". 9. The following new section is hereby inserted imme diately after section 12 and shall have effect as section. 12A of the principal enactment: Insertion 01 section 12Am the principal enactment "Sale of paddy lands and tenancy rights 12A. (1) Where the landlord of an extent of paddy land in respect of which there is a tenant cultivator intends to sell such extent, he shall, in the first instance, communicate in writing his intention and the price at which he intends to sell such extent, to the tenant cultivator. A copy of such communi cation shall be sent by the landlord by regis tered post to the Agrarian Services Commit tee within whose area of authority such extent of paddy land is situate. (2) If the tenant cultivator is willing to purchase such extent of paddy land at the price nominated by the landlord, he shall indicate his willingness to the Agrarian Ser vices Committee which shall fix a period within which the transfer is to be comple ted. (3) If the tenant cultivator is willing to purchase such extent of paddy land but states that the price nominated by the land lord is excessive, the Agrarian Services Committee may, in consultation with the landlord, determine a price which in its opinion is reasonable and fix a period within .. .1.. ..:....1 .1.... """ ~ ...."''''''C"''+'''''r ~C"- f", 'J....", ,....................... 1,..4-,..,1 10 ":". Agrarian Seroices (Amendment) .4ct, No.4 of 1991 (4) Where the tenant cultivator is not willing to purchase such extent rn paddy' land or is not willing to purchase it at the price determined by the Agrarian Services Committee, or where such tenant cultivator having agreed to purchase such extent at the price nominated by the landlord or determined by the Agrarian Services Com mitte, as the case may be, does not complete the transfer within the period fixed therefor, . the Agrarian Services Committee shall issue a certificate to that effect and thereupon the landlord may proceed to sell such extent to any other person. Amendment of section 13 of the principal enactment Amendment of section 10 of the i:irincipal enactment (5) Any transfer by the owner of an ex tent of paddy land in contravention of the provisions of this section shall be null and void and shall render the person in occupa tion of such extent liable to be evicted ~n accordance with the provisions of section 6 and on' such eviction the provisions of sub section (3) of section 4 shall apply. ". 10. Section 13 of the principal enactment is hereby amended by the omission of the words" nominated succes sor or" therein. 11. Section ]6 of the principal enactment is hereby amended by the substitution for the words "that he is. unable ", of the words c, that he is, for reasons specified therein, unable". 12. The following new section is hereby inserted imme diately after section 16 and shall have effect as section 16t, of the principal enactment: Insertion of section 16A in the principal enactment. "Wilful ncgJ.ect of cultivation by tenant cultivator 16A. (1) Where the landlord of any extent of paddy land informs the Commissioner in writing with a copy thereof to the tenant cultivator of that extent that .the tenant cul tivator of that extent has wilfully neglected to cultivate such extent with any crop during any paddy cultivation season in which cultivation was possible, the Commissioner may cause an inquiry to be held by an ·Inquiry Officer and if after such inquiry the Inquiry Officer holds that the tenant Agrarian Ser.vices (Amendment) Act, No.4 of1991 11 cultivator, has wilfully neglected to cultivate such extent with any crop" such tenant cultivator shall be liable to pay' the landlord rent fur such extent for such season as provided for in subsection (6) of section 17. (2) Where a landlord of an extent of paddy land informs the Commissioner in writing with a copy thereof to 'the tenant cultivator that such tenant cultivator has wilfully neglected to cultivate that extent (luring two or more consecutive seasons when i: was possible to cultivate such land, the Com missioner shall cause an inquiry to be held by an Inquiry Officer and if after such in quiry the Inquiry Officer holds that the tenant cultivator has so neglected to cultivate that extent for two or more consecutive sea sons, the Commissioner shall order such tenant cultivator to vacate such extent and 'if the tenant cultivator fails to comply with that order he shall be evicted from such exten t in accordance with section 6. The provisions of subsection (5) of section 4 shall apply after such vacation or eviction. (3) Where a landlord of an extent 0: paddy land informs the Commissioner in writing with a copy thereof to the tenant cultivator that such tenant cultivator has so neglected the cultivation of that extent during two or more cultivation seasons that its yield has fallen below the average for comparable extents in the district, the Com missioner shall cause an inquiry to be held by an Inquiry Officer and ·if, after such in quiry the Inquiry Officer holds that the tenant cultivator has so neglected the cul tivation of thate~ent, the Commissioner shall order 'such tenant cultivator to vacate such extent and if the tenant cultivator fails to comply with the order he shall be evicted from that extent m accordance with section 6. The provisions of subsection (5) of 'Section 4 shall apply after such vacation i2 Agrarian Services (Amendment) Act, No.4 of 1991 (4) Where the Viharadhipathi or high priest of a temple, kovil or church or the Diyawadana Nilame of the Dalada Maliga wa, Basnayake Nilames and Trustees of De valayas and Temples or the trustee of a mos que informs the Commissioner in writing with a copy thereof to the tenant cultivator 'that such tenant cultivator of an extent of paddy land belonging to such temple, kovil, church, Dalada Maligawa, Devalayas and Temples or mosque has failed to perform such services as he is required to perform for the benefit cf the temple, kevil, church, Dalada Maligawa, Devalayas, and Temples, or mosque, or to pay in lieu of such services to such temple, kevil, church, Dalada Maliga wa, Devalayas and Temples, or mosque such reasonable amount as shall be determined by the Commissioner, in exchange for the use of such paddy land, the Commissioner shall cause an inquiry to be held by an In quiry Officer and if after such inquiry the Inquiry Officer holds that the tenant culti vator has failed to perform such services or to pay the amount in lieu of services the Commissioner shall, notwithstanding any thing in any other law; order such tenant cultivator to vacate such extent and if the tenant cultivator fails to comply with tha t order, he shall be evi.cted from that extent in accordance with section 6 notwithstand ing anything in any other law. The provi sions of subsection (5) of . section 4 shall apply after such vacation or eviction.". Amendment of section 17 of the nrincipal enaC'tment· 13. Section 17 of the principal enactment is hereby amended by the repeal of subsection (2) of that section ,mIT the substit1.1tion therefor, of the following subsection: " (2) A determination under subsec tion (1) shall specify, in respect of any extent of paddy land in any region to which such determination applies, a por tion not exceeding one-quarter of the total of the yield of the paddy from that extent reduced by the amount of any Agrarian Services (Amendment) Act, No.4 of 1991 13 charge which may be imposed under this Act, as the Tent payable for that extent for each paddy cultivation sea son. ". 14, Section 18 of the principal enactment is hereby amended by the repeal of subsection (i) of that section and the substitution therefor of the following subsection: "(1) Wher-e the landlord informs the Commissioner that the tenant cultivator is in arrears of rent in respect of an ex tent of paddy land, the Commissioner shall cause an inquiry to be held by an Inquiry Officer and where the Inquiry Officer holds that the rent is in arrears and communicates his decision to the Commissioner, the Commissioner shall give notice in writing to the tenant culti vator that his tenancy ,in respect of such extent would be terminated if he fails to pay such arrears within the time specified in such notice. ". J5. Sect ion 20 of the principal enactment is hereby amended by the substitution, for the word "thirtieth" wherever it appears in that section, of the word" fitfeenth". 16. Section 26 of the principal enactment is hereby amended as follows: (a) by the repeal of subsection (1) of that section and the substitution therefor of the following subsec tion: " (1) Where anY sum is due from the tenant cultivator of any extent of paddy land to his landlord as rent in arrears or interest on such rent or both, the landlord may make a writ ten application for an order under this sec tion, and the Commissioner shall cause an inquiry into such application to be held by an Inquiry Officer and if the Inquiry Officer holds that any such sum is due from the tenant cultivator to the landlord, the Com missisner shall make order for the payment of such sum in paddy or cash or both paddy and cash in such manner and within such period as may be specified in the order."; and Amendment of section 18·of the principal enactment Amendment of section 20 of the principal enactment Amendment of section 26 of the principal enactment 14 Agra1'ian Services (Amendment) Act, No.4 of 1991 (b) by the substitution for the words "If such tenant cultivator fails to pay such sum within the time allowed by the order under" in subsection (2) of tht.t section of the words "If' such tenant cultivator fails to comply with the order referred to in. ", 17.. Section 36 of the principal enactment is hereby amended as Iollows r-s (a) in subsection (1) thereof, by the substitution for the words "dispossessing the owner of" of the words ,.dispossessing the owner or occupier of"; and (b) by the addition immediately after subsection (2) thereof, of the following new subsection : ., (3) Any person aggrieved by an order of dis possession as aforesaid .nay appeal to the Secretary to the Ministry of the Minister against such order within thirty days of the date of the order appealed against. The Secretary may, upon such appeal, con firm or set aside such order and shall communicate his decision to the Commissioner and to the appellant. The decision of the Secretary shall be final and conclusive and shall not be questioned in any court or tribunal. ", rs. Section 37 of the principal enactment is hereby amended by the repeal of subsection (1) of that section and the substitution therefor of the following subsection: " (1) Where no appeal is made against the order of dispossession, upon the expiry of thirty days from the date of that order or where an appeal is made against an order of dispossession, upon the confirmation of such order, the person on whom the order is served shall, within the period specified ill the order, vacate the land referred to in tho ,~rder and deliver possession of .such land to the Agrarian Services Committee within whose area of authority such land is situate. ". 19, Section 38 of the principal enactment is hereby amended by the substitution for the words "Where any person" in that section of the words II Where any person, referred to in subsection (1) of section 37". Amendment oisection 36 of the principal enactment. Amendment of section 37 of the principal enactment Amendment of section 38 of the principal enactment, Agrarian Services (Amendment) .4.ct, No.4 of 1991 20. The following new section is inserted immediately after section 38 and shall have effect as section 38A of tfie nrincipal enactment: Cultivation of lands in ilispute. 38A. (1) Where the Commissioner is satis fied that any agricultural land is not being cultivated due to the existence of any dispute relating to such land he may, after giving the owner cultivator or occupier of such agri cultural land an opportunity of making re presentations to him, by order, require the person on whom the order is served to vacate the land referred to in the order and to deli ver possession of such land to the Commis sioner or his authorized representative within the period specified in the order. (2) The provisions of subsection (2) of section 35 shall apply to the service of the order under this section. (3) Where any person on whom an order under this section is served fails to vacate the land within the period specified in the order, the Commissioner shall evict such per son under the provisions of section 6. (4) The Commissioner shall cause such land to be cultivated by the appropriate Agrarian Services Committee or any other person in accordance with any directions that may be given by him until the dispute relat ing to such land is settled or determined. (5) The income from such land during the period it is cultivated under the provisions of this section shall be appropriated in such manner as may be directed by the Commis sioner having regard to the need to increase agricultural production. ". Insertion of new section 38.'\. in the principal enactment. 21. Section 39 of the principal enactment is hereby amended as follows: (a) in subsection (2) of that section by the substitution for the words" Assistant Commissioners of Agra rian Services and ", of the words" Assistant Com Amendment of section 39 of the principal enactment ,..,.c 1\ ,..- ... :,.. C',.. ....: -- T'"\o- •• Insertion of new section 41A in principal enactment. 16 Agrarian Services (Amendment) Act, No.4 o] 1991 (b) in subsection (5) of that section, by the substitution for the words" Every Deputy Commissioner and every Assistant Commissioner", of the words "Every Deputy Commissioner, every Assistant Commissioner and every Divisional Officer of Agrarian Services". 22. The following new section is hereby inserted imme diately after section 41 of the principal enactment and shall have effect as section 41A of the principal enactment: I' Commission to call for iuforrnation 41A. The Commissioner may, by notice in writing, require any owner cultivator or oc cupier of, or other person having any inter- . est in, any agricultural land to furnish on or before any date specified in such notice, such particulars as to the extent of agricultural land he possesses, the nature of cultivation carried on by him on such agricultural land and other matters required for the proper implementation of this Act as may be men tioned in such notice.". f\iih.- ad lHC:!i t (of section 42 of the principal ('n;::~f,m('nt. 23. Section 42 of the principal enactment is hereby amended as follows : (a) in subsection (1) of that section (i) by the substitution for paragraph (a) of that SUb-section of the following paragraph: "(a) the encouragement, extension, regu lation or management of paddy cultivation or any other form of cultivation; " ;. (ii) by the substitution for paragraph (f) of that sub-section of the following paragraph: " (f) any other collective responsibilities imposed on owner cultivators and occupiers of agricultural land for the efficient use of such land, the improvement CYf productivity and the protection of minor irrigation works and conservation of water supplied therefrom. " ; Agrarian Services (Amendment) Act, No.4 of 1991 17 by the repeal of subsection (5) of that section and the substitution therefor, of the following subsec tion : ~'(5) A meeting convened under the provisions of this section shall not be deemed to be validly constituted unless there are present owner cultiva tel'S or occupiers representing, one fourth or twenty-five of the total number of owner cultiva tors and occupiers of agricultural land referred to in subsection (1). If such quorum be not present at two consecutive meetings, the presiding officer shall adjourn the second meeting and fix a date for the third meeting. Such third meeting shall, for all pur poses, be deemed to be a validly constituted meet ing notwithstanding the absence of a quorum." ; by the repeal of subsection (10) of that section and the substitution therefor of the following subsec tion : "(10) (a) At a meeting convened under the pro 'visions of this section the owner cultivators or occupiers of .agricultural land may elect from among themselves in such manner as may be pres cribed a person (hereinafter referred to as the "Yaya Representative") to perform such duties as may be prescribed and to assist the Cultivation Officer in matters relating to the protection of minor irrjgation works and for the conservation. of water supplied therefrom and any other matters relating to cultivation as may arise from time to time', (b) A Yaya Representative may serve in that capacity for a period of three years from the date of his election unless he (i) earlier resigns by letter addressed to the Commissioner; or (ii) is earlier removed by the Commissioner. The Commissioner shall have the power to remove any Yaya Representative for negligence of duties or misconduct or failure to perform any duty : -- -- , 18 Agrarian Services (Amendment) A.ct, No.4 of 1991 (c) Every owner cultivator and occupier of agr i cultural land shall pay the Yaya Reprecentativc such amount as may be prescribed as his remune ration and any person who fails to pay such amount shall be guilty of. an affence under this Act. (d) The provisions of sub section (2) of section 47 shall, mutatis mutandis, apply to the recovery or the Yaya representative's remmuneration under this section"; and (d) by the repeal of subsection (11) of that section and the substitution therefor of the following sub section : " (11) The Yaya Representative shall, subject t'J the control and direction of the Commissioner. have the power to direct any owner or occupier of agricultural land to take such steps as the Yaya Representative may deem necessary for the dis charge of the collective responsibilities of such owner cultivators or occupiers in regard to irriga tion and cultivation practices and in respect of the protection of minor irrigation works and the con servation of water supplied therefrom.". Insertion of Part IVA in the principal enactment. 24. The following new Part is inserted immediately ai-tel' Part IV of the principal enactment and shall have effect as Part IVA of the principal enactment r-i "PART IVA ApPOLl'l"TMENT AND POWERS AND DUTIES OF INQUIRY OFFICERS AND BOARD OF HEVIEW Inquiry Officers &c. 42A. (1) There may be appointed such number of Inquiry Officers as may be neces sary for the purposes of this Act. (2) Where the Commissioner is required by any provision of this Act to C'; .';:;l an inquiry 10 be held by an Inquiry Officer, the Commissioner shall refer such matter to an Inquiry .Offlcer, The reference shall be ac companied by a statement prepared by the Commissioner setting out the question which, to his knowledge has to be decided. Agrarian Services (Amendment) A.ct, No.4 of 1991 19 Board of Review. (3) The Inquiry Officer shall make all such inquiries and have all such evidence as he may consider necessary to deCide such matter. He shall communicate his decision in writing to the Commissioner and the parties concerned. (4) Regulations may be made regarding the procedure to be observed in the conduct of an inquiry and subject to any such regu lations an Inquiry Officer may regulate the procedure to be observed in the conduct of the inquiry, (5) An Inqul-y Officer shall have all the powers of the Commissioner referred to in section 65. (6) If any person upon whom a summons has been issued by an Inquiry Officer (a) fails without reasonable cause to appear before such Inquiry Officer at the time and place mentioned in the summons; or (b) refuses without reasonable cause to be sworn or having being duly sworn, refuses or fails without reasonable cause to answer any question put to him by such Inquiry Officer or wilfully gives a false answer to any such question; or (c) refuses or fails without reasonable cause to produce before such officer any documents which are in his possession .and which he has been required to produce, such personshalf be guilty of an offence under this Act. 42B. (1) There shallibeappointed for the JPurposes of -this ~Act,..'in respect of each Province ;a;;Panel'lof,:p,ot' more than twelve persons from which-Boards of Review shall be constituted. for-the purpose of exercising, within such.Rrozlnce, the powers conferred ona Board of.Renewby this Act. 2D Agrarian Services (Amendment) Act, No.4 of 1991 (2) Where a member of a Panel vacates office by reason of death, resignation, removal from office, ansence abroad or ill ness, another person shall be appointed in his place. (3) Every person appointed to a Panel shall, unless he earlier vacates his office, hold office for three years: Provided that (a) a person appointed in place of a person who has died, resigned or been removed from office shall hold office for the unexpired portion of the tern: of office of the .last mentioned person; and (0) a person appointed to act for a person who is absent abroad or is ill, shall hold office for tho period of absence or illness of the last mentioned person. (4) A person vacating office by effluxion of time shall be eligible for reappointment. (5) One of the members of a Panel shall be appointed as the Chairman of the Panel. .(6) For the purpose of constituting a' Board of Review, the Chairman of a Panel shall select from the Panel three or more persons, The Chairman may select himself as a member constituting the Board of Review. (7) Where the Chairman of a Panel is a member of " Board of Review constituted under this section then he, or where he is not a member,of the Board, then such member of the Board as may be nominated by such Chairman, shall be the President of the Board. .(8) There shall be appointed to each Board of Review a Secretary. (9) The Secretary of the Board of Review shall in respect of every appeal heard by the Hoard, keep a record of all such proceedings liefore the Board as relate to that appeal. Agrarian Services (Amendment) Act, No.4 of 1991 21 (10) A Boord of Review may examine: any witness on oath Hit trunks fit so to do, and may summon any person to appear before it or to produce any documents which may be relevant in the opinion of the Board. (11) The documents, notices or summons issued under the hand of the Chairman of a . Board of Review or the Secretary of a Board of 'Review shall be dEi;!med to have been issued by that Board of Review. (12) If any person upon whom a summons issued or deemed to have been issued by a Board of Review, has been served (a) fails without reasonable cause to appear before the Board of Review at the time and place mentioned i.'l the summons; or (0 refuses without reasonable cause to be sworn, or having been duly sworn, refuses or fails without reasonable cause to answer any question put to him by a member of the Board of Review touching the matters to be heard and determined by such Board, or wilfully gives a false answer to any such question ; or (c) refuses or fails without reasonable cause to produce before the Board of Review any document which is in his possession or power and which he has been required to produce, he shall be guilty of an offence and shall on conviction after summary trial before a Magi~trate, be liable to a fine not exceeding one thousand rupees or to imprisonment of either description f6ra: ftcrm not exceeding six months or til bothsuch !fine and imprison ment 22 A.grarian Services (Amendment) Act, 1\'0. 4 of 1991 (13) Regulations may be made in regard to tho procedure to be followed at meetings of a Board of Review. (14) A Board of Review may, on any appeal made under this Act to such Board confirm or vary the determination or deci sion from which such appeal is made and the decision of such Board shall be final and conclusive and shall not be called in question in any Court. ". Ame::1C; ment of section 43 of the prlncipal enactment. 23. Section 4.3 of the principal enactment is hereby amended as Iollows r-s (a) by the repeal of subsection (3) of that section and the substitution thereto:" of the rollowing subsec tion: "(3) (a) An Agrarian Services Committee shall consist of fifteen members appointed by the Commissioner as follows: (i) ten persons who are elected by owner cultivators and occupiers of agricultural land within the area of authority of such Committee so, how eve?", that at least three such persons shall be occupiers of paddy land and there such other persons shall be tenant cultivators of paddy lanel; (if) five persons who are public officers or employees of public corpora tions or. statutory bodies. (b) The Committee may, where it deems it necessary, co-opt any public officer or officer of a public corporation or of any other institution to the Committee or invite any person to be present at au, Jl its meetings. Any person co-opted or invited under this paragraph shall not be eligible t.o vote at any meeting of the Committee. " ; and (b) by tile repeat of subsection (7) of that section and the substitution therefor of the following sub section : Agrarian Services (Amendment) A.ct, No.4 of 1991 23 r: (7) If the Commissioner is satisfied that any member of an Agrarian Services Committee (a) is incapacitated by infirmity of mind or body from discharging the duties of his office or is otherwise unsuited to con tinue to discharge such duties; or (b) has failed to attend three consecutive meetings of the Committee without reasonable cause, tne Commissioner may terminate his appoint mei.t and appoint another member to such Cornu: ittee : Provided however, that a member appoint ed 10 place of a member who is removed from, or otherwise vacates office, shall hold office for the unexpired period of the term of office of the member whom he succeeds un less the member so appointed is earlier remo ved from, or otherwise vacates, office.", 26. Section 45 of the principal enactment is hereby amended c,=; follows : (a) by the insertion immediately after subsection (2) of that section, of the following subsection : "(2A) (a) The register of agricultural land shall be (i) amended as and when it becomes neces sary so to do ; (ii) revised once in every three years com mencing from 1991; (iii) kept open for public inspection in the months of January and July every year. Amendment of section 45 of the principal enactment Inser uon of new sections 45A and 45 D in the principal enactment. 24 Agrarian Services (Amendment) Act, No.4 of 1991 (b) Any application to the Committee for the amendment of the register of agricultural Iands by the inclusion of the name of a new' tenant cultivator in respect of any extent of paddy land shall be in writing and shall be accompained by a letter from. the landlord consenting to the registration of the applicant as the tenant cultivator of such extent. ". ; (0) by the repeal of subsection (4) of that section and the substitution therefor of the following sub section : " (4) Regulations may be made in respect of the procedure to be followed in the preparation and revision of the re~~'.lter referred to in subsection (1) .". 27. The following ne,Y' sections are herebv inserted at the end of section 45 and shall have effect as sections 45.\ and 45B respectively of the principal enactment: "Survey of agricultural land. Register of tenant culti vators. 45A. (1) Every Agrarian Services Com mittee shall, in accordance with the direc tions of the Commissioner, cause a survey t» be made of the agricultural land in its area of authority and maintain the records per taining to such land. (2) The Agrarian Services Committee may recover from the landlords or occupiers of agricultural land the proportionate cost of surveying such land and ~.·;,.:!11;,:nit;:;: :;;(' record. 45:0. Every Agrarian Services Committee shall in the prescribed manner prepare, revise and maintain a register of tenant cultivators within the area of authority of such Com mittee. ". Agmrian Services (Amendment) Act, No.4 of 199] 25 28. Section 46 of the principal enactment is hereby amended as follows: (c) in subsection (2) of that section (iJ by the repeal of paragraph (b), and tha substitution therefor of the following para g:-a~h : ,I (b) subject to the provisions of subsec tion (2A) to impose on and recover from an owner cultivator or occupier of agricultural land an annual acreage levy not exceeding six rupees per acre of such land and any other charge levied for services rendered under this Act; " ; (H) by the repeal of paragraph (0:) and the sub stitution therefor of the following para graphs : ., (d) to maintain and operate an account in such bank as may be determined by the Commissioner ; (e) to grant loans out of its moneys to' owner cultivators and occupiers for agricul tural activities and to recover such loans; (f) to utilise its moneys for the repair, maintenance and development (It minor irrigation works where it be comes necessary S<.J to do ; (g) to provide financial assistance at the request of the Commissioner, for the training of officers and farmers with a view '~) developing agriculture and improving the management of the Committee ;" and (b) by the insertion, immediately after subsection (2) of that section, of the following subsections: "(2A) The following shall be exempt from the payment of the acreage levy imposed under para graph (b) of subsectbn (2) : Amendment of section 46 of. the prmeipal enactment, 26 Agrarian Services (Amendment) Act, No. '4 of 1991 (i) the Janatha Estate Development Board and .. the State Plantations Corporation; (ii) the owner cultivator or occupier of a home garden. For the purpose of this section •home garden' means an extent cf land not exceed ing half acre which is wholly or mainly culti vated with, or used by the owner or occupier for the production of, vegetables, fruit or livestock, solely for domestic consumption. (2B) Where any land or any interest in any land is required by any Agrarian Services Committee for a common threshing floor or an agricultural road, the land or interest in land may be acquired under the Land Acquisition Act by the Government for such Committee and the provisions of that Act shall apply for the purpose of the acquisition of that land or interest in land." ; (c) by the insertion immediately after subsection (:3) of that section, of the following new subsection: II (3A) An Agrarian 3c·rvices Committee may, by notice in writing, require any owner cultivator or occupier of, or other person having any interest in, any agricultural land within its area of authority to furnish on or before any date specified in the notice such particulars as to the extent of land he possesses, the nature of cultivation carried on by him and such other matters as may be mentioned' in such notice and which are required for the implementation of this Act."; and (d) in subsection (4), by the substitution for the words II the Commissioner may", of the words II the Com missioner may, with the concurrence of the Secre tary to the Ministry of the Minister in charge of the subject of Finance" 29. The following section is hereby inserted imme diately after section 46 and shall have effect as section 46A of the principal enactment: iIJlBert10D O,fnew section 48.& in the principal enactment. "Audit of Accounts of Agrarian. Services Committees 46A. (1) Article 154 of the Constitution shall apply to the audit of the accounts of every Agrarian Services Committee as if such Committee were a Public Corporation within the meaning of the Constitution. Agmrian Services (Amendment) Act, No.4 of 1991 27 (2) The Auditor-General shall disallow every item of the accounts which, in . his opinion is irregular or unlawful and recom m;nd that the Commissioner surcharge the same on the officer or employee of such Committee making or effecting such payment, and that the Commissioner charge against any officer or employee any sum which ought to have been, but is not, brought into account by such officer or em ployee. The Commissioner shall thereupon certify the amount due from such person. (3) Before certifying any such surcharge or disallowance the Commissioner shall noti fy such person of the proposed surcharge or disallowance and afford such person an opportunity to make representions or to be heard against such surcharge or disallow ance. The Commissioner shall thereupon in form such person of his decision together with his reasons. (4) Where a surcharge or disallowance against any person .has been certified by the Commissioner such certificate shall be con clusive proof of the matters stated therein. (5) Any person aggrieved by any sur charge or disallowance may, within thirty days of the date on which the decision of the Commissioner is communicated to him, appeal against the decision to the Secretary to the Ministry of the Minister with a copy of the appeal to the Commissioner, and it shall be lawfullfor such Secretary upon any such appeal to decide the question at issue according to the merits of the case. (6) The Secretary to the Ministry of the Minister may, 1:y order, direct the re covery from the person making such appeal the whole or anypottion of the mnount sur charged or disallowed if he thinks that there are grounds the.,:efor, and if he finds that the surcharge or disallowance has been law fully made but in the particular circums 28 Agrarian Se1'vices (Amendment) Act, No.4 of 1991 the surcharge or disallowance be remitted. he may, by order, direct that the same shall be remitted but that the amount of costs and expenses which may cave been incurrec by the Commiss'oner in the e."\'c-rcing c: such surcharge or disallowance or such por tion Olf it as may be determined by the Secretary shall be recovered from suet person. (7) Upon receipt of a certificate of sur charge or disallowance or the order of the Secretary on any appeal, the Comrnissione: shall, by r.otice sent by registered post, reo quire such person to pay the sum set out ir the certificate on or before the date speci fied in such notice, being a date not les than three months from the date of the dec: sion of the Commissioner. (8) Where any person fails to campi: with the requirements of a notice under sub sertion (7) the Commissioner shall issue ; certificate containing particulars of th amount due and the name and the las' known place of residence of such person t, the Magistrate's Court having [urisdictior over such place of residence and such Cour shall recover such amount in like manne as a fine imposed by such Court, (9) Every sum paid or recovered unde this section, other than a sum paid or reco vered as costs and expenses incurred in the enforcement at. any disallowance or sur· charge shall be credited to the Agraria. Services Fund.". Amendment of sectiCll1 47 of the prlnclpal enactment. 30. Section 47 of the principal enactment is hereby amended as follows: (a) .by the repeal of subsection (1) of that section and the substitution therefor of the following subsec ~n: .4.grarian Services (Amendment) Act, No.4 of 1991 29 "(1) An Agrarian Services Committee may by notice in writing direct every owner or occupier of agricultural land liable to pay acreage levy to such Committee or any person who ha.s failed to repay any loan granted by such Committee to pay such levy or repay such loan, as the case may be, within such period as shall be specified in such notice."; (b) by the repeal of subsection (2) of that section and the substitution therefor of the following subsec tion: "(21 Where an Agrarian Services Cornm'ttee is satisfied after due inquiry that a person to whom a written notice has 'seen given under subsection (1) has failed to pay the amount specified in such notice within the time allowed therefor, such amount shall, on application by an offic er autho rized in that behalf by such Committe-e being made to the Magistrate's Court having jurisdiction over the place where the extent or agricuuural land in respect of which the levy is payable or which is owned or occupied by the person in default is situ ated, be recovered in Ilke manner as a fine impose-d by such' Court. "; and (c) in the marginal note of that section by the substi tution for the words" acreage levy "', of the words by such Court." ; and 31. Section 55 of the principal enactment is hereby amended as follows :~ (a) in subsection (1) of that section, by the substitution tion for the words " There may be appointed such number " of the words " There may be appointed by name or by office, such number;" and (b) in subsection (2) of that section, by the insertion immediately aft.er paragraph (c) of that section of the following new pa-agraph : Cl (d) as directed by the Commissioner. prosecute any person who commits any offence refer red to in section 56.". Amendmem of section 55 ot the principal enactment. 30 Agrarian Services (Amendment:) Acr, No.4 of 1991 P•.mendment at section 50 of the principal enactment Insertion of new sections 16A and 56ll in the principal enactment. 32. Section 56 of the principal enactment is hereb amended as follows: (a) in subsection (1) by the insertion, immediatel after paragraph (d) of that subsection, of t: following paragraph: " (e) without the prior permission in writing o the Commissioner, cultivates the catchmen: area, channel, reservation or tank bed or minor irrigation tank."; and (0) by the insertion immediately after subsection (2) c. that section of the following subsection: " (3) Every person who fails, without lawfu. excuse, to comply with any direction or order given or made under this Act by the Com missioner or an Agrarrsn Services Commit tee, or who furnishes Or produces lfor ths purpose of this Act, any mformaticn or dC-CII ment which, to his knowledge, is false O! incorrect in whole on in part shall be guilty of an offence.". 33. The following new sections are hereby inserted immediately after section 56 of the principal enactment and shall have effect as sections 56A and section 56B respec tively of the principal enactment : "Farmers' Organi zations 56A. (1) There may be established one 0: more Fanners' Organizations of owner cul tivators and occupiers of agricultural land in each area determined by the Cornmissio ner for that purpose. (2) Each Farmers' Organization shall consist of at least twenty five owner culti vators or occupiers or one fourth of the total number of owner cultivators and occu piers C4! agricultural land in such area. (3) The Commissioner may register any Farmers' Organization if an application in that behalf is made to him by the Orzani zatton : Agrarian Services (Am,endment) Act, No.4 of 1991 31 Provided that the Commissioner may re gister a Farmers' Organization in any area under a major irrigation scheme with the concurrence of the Secretary to the Ministry of the Minister in charge of the subject of Irrigation. (4) The purposes of any Farmers' Organization registered under this section shall include (a) the formulation and implementation of the agricultural prqgramme for the area; (b) carrying out village level construction work and effecting repairs to irriga tion works; (c) marketing of produce and distribution of seed, fertilizer and agro chemicals; (d) promoting of cooperation between, and the co-ordination of agricultural activities .of government organiza .tions and the farmers of the area; and (e) engaging in any other activity approv ed by the Commissioner as being beneficial to the farming community. (5) Regulations. may be made in respect of the election of office bearers of Farmers' Organizations registered under this section, the procedure for the transaction of business by such organizations, powers of such organizations, accounts to be maintained by such organizations and the audit of such accounts by the Commissioner or an officer authorized by him in that behalf. 56B. (1) Notwithstanding anything in section 56A, the Commissioner may, upon application made in that behalf by any Farmers' Organization in any area, on being satisfied that such Fanners' Organization has (a) actively promoted agricultural activities in its area, or has the ability to promote such activities in such area; 32 Agrarian Services (Amendment) Act, No.4 of 1991 (b) enjoys the trust and confidence of the farming community of such area; and (c) the financial viability and the resources to undertake repairs of irrigation works, register such Organization under this section: Provided that the Commissioner may register a Farmers' Organization in any area uader a major irrigation scheme with the concurrence of the Secretary to the Ministry of the Minister in charge of the subject of Irrigation. {2) From and after the date of registration of a Fanners' Organization under subsection (1), such Organization shall be a body corporate with perpetual succession and a common seal and may sue and be sued by the name by which it is registered. (3) The Commissioner shall publish a notificatior. in the Gazette of every registra tion of a Farmers' Organization made under this section. (4) The purposes of every Farmers' Organization registered under this section shall be the purposes specified in subsection (4) of section 56A. (5) Regulations may be made ill respect of the election of office bearers of Farmers' Organizations registered under this section, procedure for transaction of business by such organizations, powers of such organiza tions, accounts to be maintained by such organizations and the audit of such accounts by the Commissioner or an officer authorized by him in that behalf. (G) The Commissioner may, by notificaticn published in the Gazette, cancel the registra tion of any Farmers' Organization registered under this section if he is satisfied that the Farmers' ·Organization has been inactive for a period of two years or has so conducted itself that it is in the public interest to cancel its registration under this section. Agrarian Services (Amendment) Act) No.4 of 1991 ~3 (7) The Commissioner shall, where he cancels the registration of a Farmers' Organization under this section appoint. a person to be the liquidator of the Corporation who shall have the power to (a) take possession of the books, docu ments and assets of the corporation; (b) sell the property. of the corporation; (c) decide any question of priorty among the creditors of the corporation; (d) compromise any claim by or against the corporation with the prior approval of the Commissioner; and (e) arrange for the distribution of the assets of the corporation in the prescribed manner. (8) In the liquidation of the corporation its funds shall be applied first to the cost of liquidation and then to the discharge of its liabilities. Any surplus remaining after the closure of the liquidation shall be credited to the Agrarian Services Fund established under section 60. ". 34.· Section 57 of the principal enactment is hereby amended in subsection 0) of that section by the addition of the following words at the end of that subsection: "For the purpose of this section the expression' cultiva tion rights' includes the right of threshing paddy, access to the paddy field and the right of disposed of agricultural produce. ". 35. Section 60 of the principal enactment is hereby amended as follows: (a) in subsection (2) thereof, by the repeal of paragraph (1) and the substitution therefor of the following: It (f) such percentage of moneys recovered as acreage levy under the provisions of paragraph (b) of subsection (2) of section 46, as may be prescribed; "; and (b) by the repeal of subsection (3) and the substitution therefor of the following subsection: "(3) The moneys of such Fund may be utilized "to give financial assistance to Agrarian Services Committees for the maintenance and repair of their buildings, Amendment of section 57 of the principal enactment. Amendment of section 60 of the pr4\cipal enactment. 34 Agrarian Services (Amendment) Act, No.4 of 1991 Amendment of section 61 of the principal enactment Amendment of section 62 of the principal enactment vehicles and equipment, purchase of furniture, training, publicity, research, surveys, loan schemes, provision of transport facilities for officers and generally, for the administration and development of Agrarian Services Committees and for the improve ment and development of agricultural productivity in Sri Lanka. The Commissioner shall be responsible for the administration of the Fund. ". 36. Section 61 of the principal enactment is hereby amended by the repeal of all the words beginning with "acquired under that Act; upto the end of that section, and substitution therefor of the words" acquired under that Act. ". . 37. Section 62 of the principal enactment is hereby amended as follows: (a) by the insertion at the end of subsection (1) of the following words: "The Commissioner may at any time withdraw such permission by notice served on such person having regard to the need to increase agricul tural production;" (b) by the repeal of sub-paragraph (c) of subsectlon (2) of that section and the substitution therefor of the following sub-paragraph: "(c) with any other agricultural crop." ; (c) by the repeal of subsection (4) of that section and the substitution therefor of the following new sub section : (4) If any extent of paddy land (a) is used by any person in contravention of the provision of subsection (1), or (b) is cultivated by the cultivator thereof otherwise than in accordance with the provision of subsection (2) that person or that cultivator, as the case may be, shall be guilty of an offence, and shall on conviction after trial before a Magistrate be liable to a fine not exceeding twenty-five thousand rupees and in default of payment of the fine: to imprisonment of either description for a term not exceeding three months, and where such offence is continued after Agrarian Services (Amendment) A.ct, No.4 of 1991 35 conviction that person or that cultivator, as the case may be, shall be liable to a fine of one hundred rupees for each day in respect of which such offence is continued after conviction. " ; and (d) by the insertion immediately after subsection (5) of that section, of the following new subsection r c "(6) (a) Where any person is convicted for an offence under subsection (4) of t11:5 section the Court may make order that any implements, instruments, machinery or vehicles used in, or in connection with, the commission of tile offence shall be forfeited. Any implement, instrument, machine or vehicle forfeited under this section shall, upon such forfeiture, vest absolutely in the State. Such vesting shall take effect (i) after the expiration of the period within which an appeal may be preferred to the Court of .A..ppeal or to a High Court established by Article 154P of the Constitution against the order of forfeiture; or . (ii] Where an appeal has been preferred to the Court of Appeal or to a High Court estab lished by Article 1541' of the Constitution ogainst the order of forfeiture, upon the {1eterminatioll of such appeal confirming or upholding the order of forfeiture. (b) The Commissioner shall take possession of any implement, instrument, machine or vehicle vested in the State under this section and may sell or otherwise dispose of the same as he may think fit. The proceeds of such sale shall be credit ed to the Consolidated Fund.". 38. The following new section is hereby inserted imme diately after section 62 of the principal enactment and shall have effect as section 62A of the principal enact ment: Insertion 0: new sectiol 6'2A in the principal enactmer. 'unautho rized filling of paddy lands. 62A. (1) No person shall fill any extent of paddy land. except with the written per mission of the Commissioner, Any person who acts in contravention of the foregoing provision commits an offence. 36 A.g?-arian Services (.4.menc!men;;) Act; No, 4 of 1991 (2) Where the Commissioner is informed that any person is acting in contravention of subsection {I) the Commissioner may make an application in writing in the form set out 1'1 the Schedule to this Act to the Magis trate's Court within whose local jurisdiction such extent or any part thereof is situated-s (a) that he is the Commissioner of Agra rian Services; (b) that the land described in the sche dule to the application is paddy land; (c) that the person named in the appli catton is acting in contravention \)f subsection (1) of section 62A of Agrarian Services Act, No, 58 of 1979, and 'praying for the issue of an order res tr aining hill'. or his agents or servants from acting in contravention of the provisions of subsection ·(1) aforesaid. (:~) Every application under this section shall be supported by an affidavit verifying to the matters set forth in the application, (-~) Upon receipt of the application the Magi"stratz shall forthwith issue summons on tr,e person named in the application to appear and show cause on the date specified ir; such summons (being a date not later than two weeks from the date of issue of such summons) why he or his servants or agents should not "be restrained as prayed for in the application. ::\! If an the date specified ::1 :;.'C .'l::U mons the person to whom such summons has been issued fails to appear or informs the Court that he has no cause to show against the issuing of such order the Court shall forthwith issue an order as prayed f.)r in the application. Agmrian Services (Amendment) Act.. No.4 of 1991 37 (6) If the person on whom summons has been issued duly appears in Court and states that he has cause to show against issuing such order the Magistrate's Court may proceed forthwith or may set the casa for inquiry on a later date. (7) The .Magistrate's not be competent to call from the Commissioner application. Court shall for any evidence to support the (8) If after the inquiry the Magistrate is not satisfied that the person showing cause has lawful authority to fill the extent o! paddy land he shall make order restraining such person or his servants and agents from doicg any act in contravention of this section . (9) Where any person is convicted for an offence under subsection (1) of this section the Court may make order that any imple ments, instruments, machinery or vehicles used in or in connection with the commission of the offence shall be forfeited to the State. The provisions of subsection (6) of section 62 shall, mutatis mutandis, apply to such far ot •..enure. 39. Section 67 of the principal enactment is hereby amended in subsection (2) of that section by the repeal of paragraph (g) of that subsection and the substitution therefor of the following paragraph: '. (g) an proceedings which have been commenced and concluded (i) before the Commissioner of Agrarian Services or the Board of Review under the provisions of the Paddy Lands Act, No. 1 of 1958; (ii) before the Agricultural Tribunal under the pro visions of the Agricultural Lands Law, No. 42 of 1973; or Amendmenl of section t of the priftclpal enactment. Amendment section 68 of the principal enactment. Sinhala text to prevail in the event of incon sistency. ~8 Agrarian Services (Amendment) .4.ctJ No.4 of 1991 (iii) under +he provisions of section 63 of this Act, and ill respe-t of which no appeals have been made to the Court of Appeal or the Supreme Court under the provisions of the aforesaid enactments, or where appeals have been made and have been dismissed and where %10 steps for the enforcement of orders made in such proceedings have been taken in the Magistrate's Court under the provisions of such enactments, the orders made in such proceedings shall be deemed to be orders made in proceedings under the provisions of this Act, and shall be enforced in accor dance with the corresponding provisions of this Act; ". 40. Section 68 of the principal enactment is amended as follows: (a) by the addition at the end of the definition of c, agrlculture ", of the fQllowing: " (iv) bee-keeping and inland fisheries."; and (b) b;y the repeal of the definition" agricultural activity" and "he substitution therefor, of the following dennitien : "agricultural activity" means any activity involving agricultural and includes the supply of agricultural inputs, the use of machinery and equipment used in such activity and any activity involving minor irrigation; ". 41. In the event of any inconsistency between Sinhala and Tamil texts of this Act, the Sinhala text shall prevail. Agrarian Se1'vices (Amendment) 39 Act, No.4 of 1991 ,. SCHEDULE (Section 62A) FORM Application for ~estraining Order To; The Magistrate's Court of (~t~te name of such Court) 1, (state name) the Commissioner of Azrarlau Services, 0.0 by virtue of the powers vested in me by section 62.-\ of the Agrarian Services Act, No. 58 of 1979, do by this appllcation-e (a) set forth the following matters, namely : (i) that I am the Commissioner of Agrarian &tvices abovenamed ; (ii) thai the land described in the Schedule to this apnlication is paddy land; (iii) that of is acting in contravention of subsection (1) of section· 62A ot the Agrarian Services Act, No. 58 of 1979; (b) p~'ay for the issue of an order restraining the said . . . . . . . . . . or his agents or servants from acting in con travention of the said provisions of subsection (1) of section 62A of the Agrarian Services Act. Signature of the Commissioner of Agrarian Services. Schedule' above referred to. (Here describe land stating situation including dlstrlct.) Signature of the Commissioner of Agrarian Services.".