Land Reform (Special Provisions) Act (No. 14 of 1986)

Land Reform (Special Provisions) Act, No. l4 of 1986 [Certified on 20th June, 1986) ! L.U.-0. 11/83 ANACTTOAMENDTHE LAND REFORM LAW,NO. 1 OF 1972;mE LAND REFORM (SPECIAL PROVISIONS) ACT, No. 39 OF 1981; 1 AND TO MAKE SPECIAL PROVISION IN RECARD TO CERTAIN ORDERS AND DETERMINATIONS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THEREXO. BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-1. This Act may be cited as the Land Reform (Special Provisions) Act, No. 14 of 1986. 1 PART I AMRNDMENT TO THE LAND REFORM LAW, No. 1 OF 1972 2. Section 5 of the Land Reform Law, No. 1 of 1972, as amended by the Land Reform (Special Provisions) Act, No. 39 of 1981 (hereinafter in this Part of this Act referred to as “ the principal enactment “) is hereby amended by the repeal of subsection (2) of that section and the substitution of the following subsection therefor :-‘* (2) Where any person becomes, by reason of marriage or by way of inheritance, or both, the owner of any agri-cultural land in excess of the ceiling after the date of enactment of this subsection, the provisions of subsection (1) shall not apply, and such person may transfer by way cf sale or otherwise, such excess within a period of two years from the date on which he becomes the owner of such agricultural land. Where such person fails to transfer such excess within such period, such excess shall, upon the expiration of such period-( u) be deemed to vest in the Commission ; and (b) be deemed to be held by that person under a statutory lease from the Commission.“. 3. Section 15 of the principal enactment is hereby amend-ed by the omission of paragraph (h) therefrom. 4. Section 21 of the principal enactment is hereby amend-ed by th.e repeal of paragraph (21) of that section and the substitution of the following paragraph therefor : -‘ I (b) make reference to a survey plan made-( i) by the Surveyor-General or under his direc-tion; or 1-A 089739-8.476 @S/O&) Short title. Amendment of section5 of Law No.1 of 1972. Amendment of section 15 of the principal enactment. Amendment of section 21 of the principal enactment..Ame11dmelIt of section 22 of the principal enactment. Replacement of section 23 of the prin-cipal enact-ment. 2 limd Reform (Speck22 Provisions) Act, No. 14 of 1986 (ii) by a surveyor licensed under the Surveyors’ Ordinance and approved by an of&xx in the I Survey Department holding a post not below; that of Superintendent of Surveys, of the agricultural land permitted to be retained bj~ the lessees under paragraph (u) ; and “. 5. Section 22 of the principal enactment is hereby amend. ed in paragraph (bb) of subsection (1) of that section, by ~ the substitution, for the words “by way of sale “, of the1 words “ by way of sale or lease “. 6. Sectitx~ 23 of the principal enactment is hereby r@ I pealed and the follow:ng new section substituted there.1 for :- 1 *‘ Agricultu-ral land not 23. Any agricultural land vested in the Corn. to be aliena- rnission under this Law shall not be alienat. ted by the Commission ed by the Commission to a person who it to persons not a citizen of Sri Lanka.“, who are not citizens of Sri Lanka. Amendment of section 7. Section 28 of the principal enactment is hereby 28 oi the principal amended as fc~llows : -enactment (u) by the repeal of sub-paragraph (ii) of paragraph (a) of subsection (3) of that section, and the substitu. tion of the following sub-paragraph therefor :-“ (ii) (A) in the case of agricultural land plan-ted with tea, rubber or coconut, a SUIII calculated on the basis of the average annual yield per acre from the acreage k in production of such agricultural land 1 for the three accounting years imme.’ diately preceding the date on which such agricultural land was vested in the Commission, so however, that where\ average annual yield per acre of such agricultural land is equal to an amount1 specified in Column I hereto, the sumi payable in respect of each acre of such{ agricultural land in production shall be; equal to the sum specified in the corres. ponding entry in Column II hereto. i.Land Reform (Special Prouisions) Act> No. 14 of 1986 Over 1,500 lb& . . Over 1,000 lbs. but not exceeding 1,600 Lb& . . Over 758 Zbs. but not excooding 2,000 1,000 IbEt. . . . . 1,500 760 lbe. and undm . . m . 1,000 over 1,000 lb. . . Ibs, but not Over 750 1,000 lbs. Over 500 Hbs, b;t' not 750 Ibs. . . . . exceeding . . oxcoeding . . . . 2,500 . . 2,500 Over 2,000 nuts d;t not exoeding h, 3,000 nuti-2,000 nuts and u&3; . . . . 2,000 1,500 ; or ($3) in the case of agricultural lan planted with cocoa, cinnamon, pepper, paddy or any other agricultural product, a sum calculated at the rate of Rs. 2,000 for each acre of such agricultural land in produc-tion ; $6) in the case of agricultural land which had been prepared for planting or replanting on the date on which such agricultural land was vested in the Commission but which had not been planted or replanted with any agricultural product on that date, a sum calculated at the rate of Rs. 1,000 for each acre of such agricul-tural land ; (D) in the case of agricultural land which had been planted or replanted with any agri-cultural product specified in Column I hereto on the date on which such agri-cultural land was vested in the Com-mission but whkh was not in production on that date, a sum calculated at the rates.4 (b) in paragraph (c) of that subsection, by the omissioq of the expressions “ Paddy ” and “ 2,500 ” appearlq under Column I and Column II respectively9 of that paragraph. Amendment of section 31 8. (1) Section 31 of the principal enactment is hereby of the amended by the addition, at the end of that section of the principal enactment- following new subsection :-“ (3) The compensat:on payable in respect of any agricultural land vested in the Commission, being agri. cultural land which was, on the day immediately preced. ing the day it was vested in the Commission subject to a lease with an unexpired period of at leas< fifteer! years), shall, notwithstanding anything in t’he preceding provi. sions of this LOW, be apportioned between the lessor and the lessee under such lease, in the ratio of forty ~8 cmtum to sixty per centzlm : Provided however that in agy case where the lessee of such agr’cultural land has erected any buildings thereon, the share apportioned to the lessee in accordance with this subsection shall be increased by the Chairman Y of the Commission by such amount as is reasonable,, 1 having regard to the value of such buildings.“. (2) The amendment made to the principal enactment bj’ subsect.on (1) shall be deemed for all purposes to have come into operation on the date of commencement of the, principal enactment and any award of compensatjon made, in respect of any such agricultural land as is referred to in section 31 (3) of the principal enactment as jnserted by subsection (1) of this section, in accordance with the pro6 sions of that subsection as so inserted, shall be deemed to have been, and to be, validly made. I.Lund Reform, (Special Provisions) A&,+. PI -&f-1986 J Ak Section 42~ of the principal enactment is hereby Amen&nent of section 42~ ‘&&ended as follows :- of the principal enactment. (a) by the insertion, immediately after paragraph (a) of subsection (1) of that section, of the,following new paragraph : -“ (aa) alienation, by way of sale or lease with the approval of the Minster, for non-agricultural purposes ; ” ; and * (b) by the insertion, immed’ately after subsection (1) of that section, of the following new subsection :-“ (1~) It shall be lawful for the Commission to alienate, by way of lease under paragraph (a) or paragraph (au) of subsection (1)) estate land to any, person in excess of fifty acres, for such purposes as may be approved by the Minister, having regard to the need to increase the produc-tivity of such land and to generate employment thereon. “. 10. Section 42~ of the’ principal enactment as amended by Amendment Act No. 39 of 1981, is hereby further amended as follows :- of section 4!& of the principal (a) by the repeal of sub-paragraph (ii) of paragraph (a) enactment of subsection ‘(2~) of that section, and the substitu-tion ‘of the following sub-paragraph therefor :- * 1 “(ii) (A) in the case of estate Iand planted with tea, rubber or coconut, a sum caku-lated on the basis of the average annua‘l . !, yield per acre from the acerage in produo-tion of such estate land for the three accoun5ng years immediately preceding t&’ date on which -such estate land was vestec$ in the’commission, so however, that where’,, the average annual yield per acre of such . estate land is equal to an amount specified : ‘.’ ., in Column I thereto, the sum payable i-respect of each acre .of‘ sukh estate land b.Land Reform (Special Provisions) Act,, No. .14 of 1986 production shall be equal to the sum speclhed in the corresponding entry ia Column II hereto. Oolumn I Cohmn II Average mm& yidd per ame Amur~ uf Compen-Over 1,600 lbs. . . s. Over 1.000 Ibs. but not exceeding 1,600 Ibe. . . . . Oq;~;~;6$ Ibe. but not exceeding , . . . . . 750 Ibe. end under . . . . ftubber Over 1,000 Ibs. . . . . Over 750 Ibs. but not exomding 1,000 Ibra. . . . . Oveeo l"b"," Ibe. but not examding . . . . . 600 Ibs. and under *-Uownut Over 3,000 nuts . . . . Over 2,000 uuts but not exeediug 3,000 nuts . . . . 2,000 nuts and under 1 . . 2.600 2,000 1,600 1.000 2,500 2,000 1.600 1,000 2,600 2,000 1.600 : or i ( . (II) in the case of estate land which had been planted with any agricultural product speci-fied in Column I hereto on the date on ‘, : which such land was vested in the Com-. mi&ion. but .which was not in production on : . : that. date, a’ sum calculated at the rate (B) in the case of estate land planted with cocoa, cinnamon, pepper, paddy or any other agricultural product, a sum calculated at the rate of Rs. 2,000 for each acre of such estate land in production ; (C) in the case of estate land phich had been prepared for planting or replanting on the date on which such estate land was vested in the Commission but which had not been planted or replanted with any agricultural product on that date, a sum calculated at the rate of Rs. 1,000 for each acre of such estate land ;.L a n d Reform (Specid $P-ovkians) Act, No. 14 sf 1986 7 , specified in the corresponding entry in Column II hereto for each acre of s;uck estate land-Column F ipicultural Procluct Column II Rate pelp acre m. Paddy * . ., . e 1,800 Tea * . 4 . . 1,000 Rubber c * es* 1,000 ’ Coconut e . 9 - 1,500 Any other agricu’ltural product 2,000. (E) in the case of uncultivated estate land, a sum calculated at the rate of Rs. 75 for each acre of such estate land.” ; (b) in paragraph (b) of that subsection, by the omission, of the expressions “ Paddy” and a’ Rs. 2,000 ” appearing under Column I and Column II respec-tively of that paragraph ; (c) in paragraph (c) of that subsection, by the substitu-tion, for all the words from ” No amount computed 7’1 to “each acre of such estate land. “$ of the following : -66 No person who elects to be paid compensation in respect of any estate land computed in accord-ance with the provisions of sub-paragraph (i) of paragraph (a) of this subsection, shall (after the addition, to the compensation so computed of any additional sum that such person is entitled to under paragraph (b) of this subsection and the deduction from the compensation so com-puted of any sum required to be deducted under paragraph (c) , of this subsection), be paid a sum in excess of two thousand five hundred rupees for each acre of such estate land. ” ; and (c!) by the repeal of subsection (5) of that section and the substitution of the following subsection I therefor : -“ (5) The provisions of sections 29 r’to 40 (both inclusive) shall, mutatis mutandis, apply in respect of estate lands vested in the Commission under this Part of this Law and the payment of compensation in respect of such estate lands. 99..section 598 in the principal enactment. Amendment of section 18 of Act No. 39 of 1981. Amendment o f section 21 of the principal enactment. 8 Land Reform (Special Prov@ons) Act, No. 14 of 1986 11. The following new section is inserted immediately after section 59, and shall have effect as section 598 of the principal enactment : -* Prescrip- tion 598. No person shall, by possession or user Ordinance of any agricultural land or estate land vested not to apply tv”,s:a,ndas in the Commission, acquire any prescriptive title to any such land and neither the Pres-in the Commission. cription Ordinance nor any other law relating to the acquisition of rights by virtue of possession or user shall apply to any such land unless undisturbed and unjnterrupted adverse possession for a period of over one-third of a century is proved by such per&n!‘. PART II AMENDMENT TO THE LAND RERORM (SPECIAL PROVISIONS) ACT, No. 39 OF 1981 12. (1) Section 18 of the Land Reform (Special Provi-sions) Act, No. 39 of 1981 (in this Part of this Act referred to as “ the principal enactment “) is hereby amended in subsection (6) of that section, by the omission of all the words from “ and such land is on the date of such order” to the end of that subsection, and the substitution, of the following therefor : -“ any transfer effected in accordance with any such order or any such order as varied, modified or amended shall have the effect of transferring the right, title and interest in such agricultural land to the transferee. “. (2) Subsection (1) of this section shall be deemed for all purposes to have come into force on the date of com-mencement of the principal enactment. 13. Section 21 of the principal enactment is hereby amended by the repeal of subsection (1) of that section, and the substitution of the following subsection therefor :-“ (1) Where any lands have been acquired under the Land Acquisition Act on or after May 29, 1971, but prior to August 26, 1972, being lands which had they not been so acquired, would have vested in the Commission under the Land Reform Law No. 1 of 1972, and in respect of which, no award had been made, on the date of corn-mencement of thk Act under section 17 of the Land : Acquisition Act, such lands shall, notwithstanding any-thing in this Act or any other law, be deemed to have.Lund Reform (Special Provisions) Act, No. 14 of 1986 9 vested in the Commission under the Land Reform Law, and accordingly, the owners of such lands shall be entitled to the rights of a a.atutory lessee under section 14 or sect-on 19 of that Law and may, within three months of the commencement of this Act, make an application to the Commission under section 14 of the Land Reform Law and under section 18 of the Land Reform Law a statutory declaration to the Commission. “. PART III VALIDATION OF CERTAIN ORDERS 14. Every Order of the Mnister made after September Validation 1, 1977 and prior to June 3, 1981, under subsection (3) of section 13 of the Land Reform Law (in this section referred to as an “ order of variation “), amending, varying or modi-fying any order made by the Commission under sub-section (2) of that section shall be deemed not to have been, or to be, invalid by reason only of the fact that-( u) such Order of variation was made by the Minister on an appeal preferred to him after the expiration of the time 1im:t specified in subsection (2) of section 13 of the Land Reform Law ; or (b) the Minister had earlier rejected, under subsection (3) of section 13 of the Land Reform Law, an appeal preferred to h:m, under subsection (2) of that section, against such order of the Commission. of certain orders made by the Minister under section 13 (3) . . of the Land Reform Law between sgm$?r 1, Jund 3.1981. 15. (1) Every order made by the Commission under validation section 14(2) of the Land Reform Law, after September 1, of certain 1977 and prior to June 3, 1981, granting approval for the approvals for the transfer of any agricultural land and every transfer affected in accordance with any such order shall be deemed to have rfagiTUnder section 14 been, and to be, validly made or effected, as the case may be, as though Eyn$Reform Law. (a) the provisions of section 18 of the Land Reform (Special Provisions) Act, No. 39 of 1981 had been in force on the date of such approval ; and (b) the Commission, had made an order under section 14 (2) of the-Land Reform Law granting approval for the transfer of such land on an appeal made to it under subsection (1) of section 18 of the Land Reform (Special Provisions) Law, No. 39 of 1981..Validation of certain statutory Ckkt&TIllIll~~-between 10 Lami Reform (Special Provisions) Act, No. 14 of 1986 (2) Every Order made by the Minister under section 14 of the Land Reform Law after September 1, 1977 and prior to June 3, 1981, amending, varying or modifying (in this subsection referred to as “an order of variation “) an order made by the Commission under subsection (2) of that section and every transfer of any agricultural land effected in accordance with any such order of variation shall be deemed to have been, and to be, validly made or effected, as the case may be, as though-( u) section 18 of the Land Reform (Special Provisions) Act, No. 39 of 1981, was in force on the date on which such order of variation was made ; (b) such order of variation was made by the Minister under subsection (5) of section 18 of the Land Reform (Special Provisions) Act, No. 39 of 1981 on an appeal made to hm under subsection (3) or subsection (4) of that section. 16. Every cancellation by the Commission, after September 1, 1977, and prior to June 3, 1981, of a statutory determination made by it in respect of any person and every fresh statutory determination made by it in respect of that person shall be deemed to have been, and to be, validly made as though-( u) the provisions of section 19 of the Land Reform (Special Provisions) Act, No. 39 of 1981 had been in force on the date of such cancellation and fresh determination ; and (b) the Commission had made such cancellation and determination under subsection (2) of the aforesaid section of the Land Reform (Special Provisions) Act, No. 39 of 1981, on an appeal made to it under subsection (1) of the aforesaid section of the Land Reform (Special Provisions) Act, No. 39 of 1981. 17. In this Part of this A*ct-“ the Commission ” means the Land Reform Commission established by the Land Reform Law ; and “Land Reform Law ” means the Land Reform Law, No. 1 of 1972, as amended by Law No. 39 of 1975..Land Reform (Special Provisions) (Amendment) Act, No. 18 of 1986 [Certified on 24th July, 19861 L. D.-O. 6/86. &I &T TO AMEND THE iAND ibl?ORIvl (ih'ECIAL PROVISIONS) ACT, No. 39 OF 1981 BE it enacted by the Parliament of the Democratic Social&$ Republic of Sri Lanka as follows :-1. This Act may be cited as the Land Reform (Special short Provisions) (Amendment) Act, No. 18 of 1986. title. 2. Section 42~ of the Land Reform (Special Provisions) Amendment .Act, No. 39 of 1981 (hereinafter referred to as the “principal $~~~~A~t enactment”) is hereby amended by the repeal of subsec- %38 Of tion (2~) thereof and by the substitution therefor, of the . following subsection : -“ (2~) (i) Where any public company receives any amount as compensation com-puted in accordance with the provisions of subsection (2) or subsection (2~) or sub-section (2B), it shall be the duty of such company, notwithstanding anything in the Companies Ordinance or any other law, to distribute such compensation a.@er meeting its liabilities as are allowed by the Com-mission as being reasonable and having been incurred bona fide, to the share holders of such company within six months from the date of receipt of the compensation or where such compensation is received in instalments, within s,ix months from the receipt of each instalment. No deduction shall be made by any such company from the amount of such compensation other than the amount of such liabilities as are allowed by the Commission as hereinbefore provided. (ii) Where the share capital of any such company as is referred to in subsection (1) is divided into different classes of shares, the distribution of the compensation shall be in I. accordance with the rights attached to each class of shares. 2-A 088(8&-~,~0 @8/a).(iii) For the purposes of paragraph (A), the expression “ compensation ” includes any interest which has accrued due on such compensation and the expression “ liabilities ” in relation to a company, doee not include compensation or any other payment to any company for loss of business or to any director, employee or any other servant of any company for loss of office. “* 3. The amendment made to the prinei~ti enactment by qetrospec-section 2 of this Act shah be deemed for ah purposes to have 2: c$lera. come into force on June 3, 19i)P, and accordingly where at szx!tisn & the hearing in any court or tribunal of any appeal, action, application or other proceeding (whether such appeal, action, application or proceeding was preferred or instituted before or after the date of commencement of this Act) any question arises as to whether the expression (‘compensa-tion ” includes any interest which has accrued due on such compensation and as to the nature of the liabilities that can be deducted from such compensation, such question or matter shall be determined in accordance with the provisions of the principal enactment as amended by section 2 of this Act.