State Lands (Recovery of Possession) Amendment Act

[Act No. 58 of1981-Commencement and Operation-9th September, 1981.] [Act. No. 29 of1983-Commencement and Operation-11th August, 1983.] Cap. 289] STATE LANDS (RECOVERY OF POSSESSION) (AMENDMENT) CHAPTER 289 STATE LANDS (RECOVERY OF POSSESSION) (AMENDMENT) Acts AN ACT 10 AMEND 1HE STATE LANDS (RECOVERY OF POSSESSION) Aer. Nos. 58 of 1981, 29 of 1983. Short title. Repeal of section 2 of Chapter 289. [§2,29 of 1983.1 Amendment of section 3 of the principal enactment. [§ 3, 29 of 1983.1 1. This Act may be cited as the State Lands (Recovery of Possession) (Amendment) Act. 2. Section 2 of the State Lands (Recovery of Possession) Act (hereinafter referred to as the .. principal enactment j is hereby repealed. 3. Section 3 of the principal enactment is hereby amended as follows : (aj by the repeal of subsection (1) of that section and the substitution therefor of the following subsection : " (1) Where a competent authority is of the opinion (a) that any land is State land ; and (b) that any person is in unauthorized possession or occupation of such land, the competent authority may serve a notice on such person in possession or occupation thereof, or where the competent authority considers such service impracticable or inexpedient, exhibit such notice in a conspicuous place in or upon that land requiring such person to vacate such land with his dependants, if any, and to deliver vacant possession of such land to such competent authority or other authorized person as may be specified in the notice on or before a specified date. The date to be specified in such notice shall be a date not less than thirty days from the date of the issue or the exhibition of such notice. " ; and (b) by the insertion, immediately after subsection (1) of that section, of the following new subsection : " (IA) No person shall be entitled to any hearing or to make any representation in respect of a notice under subsection (1). " 4. Section 5 of the principal enactment Amendment of is hereby amended in subsection (1) of that ~~npals of the pnna section, as follows :- enactment. [14,29 of 1983.1 (a) by the substitution for the words .. Where any person in unauthorized possession or occupation of any State lands fails It, of the words " Where any person fails " ; and (b) in paragraph (a) of that subsection (i) by the substitution, in sub paragraph (ii) of that paragraph, for the words .. application is State land, ", of the words" application is in his opinion State land, " ; and (ii) by the substitution, in sub paragraph (iv) of that paragraph, for the words " application is in unauthorized possession or occupation", of the words " application is in his opinion in unauthorized possession or occupation ". (S) 1/158 STATE LANDS (RECOVERY OF POSSESSION) (AMENDMENT) [Cap. 289 6. The following new section is hereby inserted immediately after section 11, and shall have effect as section HA, of the principal enactment : 5. The following, new section is hereby inserted immediately after section 6, and shall have effect as section 6A of the principal enactment : .. Applications 6A. Every application for ejectment made under section 5 shall be to be disposed of within finally disposed of within a certain periods. period of two calendar months from the date of such application and where a court makes, in pursuance of any such application, an order under section 7 or section 10, directing that any person be ejected from the land referred to in that order, the court shall make all such orders as are necessary to ensure that such persons are ejected from that land within a period of three months from the date of the application for ejectment. ". execution of an order under section 7 or section 10, from the land in respect of" which the offence is alleged to have been committed, forthwith order the ejectment of such person and his dependants, if any, from such land pending the conclusion of those proceedings. ", , .. competent authority .. used in relation to any land means the 8, Section 18 of the principal enactment Amendment of IS hereby amended as follows : section,18, of the principal ii b h bsti c. he defini enactment(I) y t e su stitution, lor tee minon LfJ'-~..58 of of "competent authority ", of the 1981.] following definition : (c) the Sri Lanka Ports Authority established by the Sri Lanka [Cap. 232.] Ports Authority Act except with the prior approval of the Minister in charge of that Authority. ", (6) the Urban Development Authority established by the U r ban D eve lop men t [Cap. 602.] Authority Law except with the prior approval of the Minister in charge of that Authority ; (a) the Sri Lanka Army or the Sri Lanka Navy or the Sri Lanka Air Force, except with the prior approval of the Minister in charge of the subject of Defence ; " (2) A competent authority shall not exercise any power conferred on him by section 3 in relation to any land vested in, owned by, or under the control of 7. Section 14 of the principal enactment Amendment of IS hereby amended as follows :- section 14 of the principal enactment. (1) by the renumbering of that section as [04, 58 of subsection (1) of that section ; and 1981;l (2) by the insertion, immediately after subsection (l) of that section, of the following new subsection : (2) Upon the institution of any proceedings against any person 'for an offence under subsection (1), the Magistrate shall, on proof that such person was ejected, in the llA. (l) Any person who reenters, except under a valid permit or other written authority of the State granted in accordance with any written law, any land within a period of ten years of his being ejected therefrom in the execution of an order made under section 7 or section 10, shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate to imprisonment for a term which may extend to five years or to a fine which may extend to one thousand rupees or to both such fine and imprisonment. .. Re-entry in land after ejectment to be an offence. Insertion of new section 6A in the principal enactment. [§ 2,S8 of 1981.1 Insertion of new section llA in the principal enactment. [03.58 of 1981.] (S) II 159 Cap. 289) STATE LANDS (RECOVERY OF POSSESSION) (AMENDMENT) [§S,29 of 1983.1 [§S,29 of 1983.1 Government Agent, an Additional Government Agent or an Assistant Government Agent of the district in which the land is situated and includes (a) the Commander of the Army, where such land is under the control of the Army ; (b) the Commander of the Sri Lanka Navy, where such land is under the control of the Sri Lanka Navy ; (c) the Commander of the Sri Lanka Air Force, where such land is under the control of the Sri Lanka Air Force; (d) the General Manager of Railways, Where such land is under the control of the Railway Department ; (e) the Commissioner for National Housing, where such land is under the control of the Department of National Housing; if) the Chairman of the National Housing Development Authority, where such land is under the control of the National Housing Development Authority ; (g) the Commissioner of Local Government, where such land is under the control of a local authority; (h) any other public officer authorized by the Government Agent in respect of any matter or provision of this Act ; and (I) an officer generally or specially authorized by a corporate body, where such land is vested in or owned by or under the control of, such corporate body. • ; (ii) in the definition of .. River Valleys Development Board ", by the substitution for the words " River Valleys Development Board Act; and ", of the words " River Valleys Development Board Act ; "; (iii) by the substitution, for the definition [§ 5, 58of of " State land ", of the following 1981.] definition , "State land" means land to which the State is lawfully entitled or which may be disposed of by the State together with any building standing thereon, and with all rights, interests and privileges attached or appertaining thereto, and inc1udes (a) land vested in, or under the control of, the River Valleys Development Board and the Mahaweli Development Board or any other authority charged with the function of developing State land or any local authority ; and (b) land vested in or owned by, or under the control of (i) the Land Reform Commission established by the Land Reform [Cap. 297.1 Law; (ii) any corporate body established by or under the Rubber Research [Cap. 258.1 Ordinance, the Sri [Cap. 264.] Lanka State Plantations Corporation Act, the S tat e A g ric u I t u r a I [Cap. 268.1 Corporations Act, the Sri Lanka Tea Board [Cap. 253.] Law, the Silk and Allied [Cap. 193.1 Products Development Law, the Tea Small [Cap. 252.1 Holdings Development Law, the U r ban [Cap. 602.1 Development Authority Law, the National [Cap. 337.] Housing Development [§ S. 29of 1983.] Authority Act, or the Sri [Cap. 232.1 Lanka Ports Authority Act, as the case may be. ';and (S) II 160 STATE LANDS (RECOVERY OF POSSESSION) (AMENDMENT) [Cap. 289 "for ejectment is in my opinion State land ; " ; and (ii) by the substitution, in paragraph (iv) of that Form, for the words "is in unauthorized possession ", of the words "is in my opinion in unauthorized possession ", Pending applications, &C. [§ 7, 29 of 1983.1 (iii) by the substitution, for the [§ 6, 58 of words and figures- 1981.] " Affirmed* I Sworn before me by the deponent on this ...... day of . . . . . . 197 . ", of the words and figures, " Affmncd·/ Sworn before me by the deponent at.. . on this day of ........ 19'. ".. 10. (1) Where on the day immediately preceding the lith day of August, 1983, there is pending in any Magistrate's Court any application made by a competent authority to that Court under section 5 of the principal enactment, such application shall be heard and determined by such Court in accordance with the provisions of the principal enactment, as amended by Act No. 29 of 1983. (2) Where on the day immediately preceding the lith day of August, 1983, there is pending in any court of competent jurisdiction any matter in respect of any act done or order made- -by a competent authority or a Magistrate's Court under the principal enactment, such matter shall be heard and determined by such court of competent jurisdiction in accordance with the provisions of the principal enactment, as amended by Act No. 29 of 1983. (i) by the substitution, in sub paragraph (ii) of that paragraph, for the words " application is State land ; ", of the words" application is in my opinion State land ; " ; and (i) by the substitution, in paragraph (ii) of that Form, for the words "for ejectment is State land; tt, of the words , " unauthorized possession or occupation " means every form of possession or occupation except possession or occupation upon a valid permit or other written authority of the State granted in accordance with any written law, and includes possession or occupation by encroachment upon State land. '0 (ii) by the substitution, in sub paragraph (iv) of that paragraph, for the words "is in unauthorized possession ", of the words "is in my opinion in unauthorized possession .. ; and (b) in Form C thereof (iv) by the addition, immediately after the definition of " State land ", of the following new definition : (a) in paragraph (a) of Form B thereof 9. The Schedule to the principal enactment is hereby amended as follows : Amendment of the Schedule to the principal enactment. [§ 6, 29 of 1983.1 [§ 5,29 of 1983.1 (S) 1/ 161