Resumption of State Land (Anuradhapura Preservation Board) Law

LAW No.3 of 1975. RESUMPTION OF STATE LAND (ANURADHAPURA PRESERVATION BOARD) CHAPTER 582 RESUMPTION OF STATE LAND (ANURADHAPURA PRESERVATION BOARD) A LAW TO ENABLE THERESUMPTION BY THE STATE IN CERTAIN CIRCUMSTANCES OF LANDS ALIENATED BY THE ANuRADHAPURA PRESERVATION BOARD, AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. [4th Febrrmry, /975.] [Cap. 582 Short title. Vesting In the State In certain circumstances of land alienated by t he Anuradhapura Preservation Board. Legal effect of vesting Order. 1. This Law may be cited as the Resumption of State Land (Anuradhapura Preservation Board) Law. 2. (1) Where any land within the Area of Authority of the Anuradhapura Preservation Board, hereinafter referred to as the .. Board ", had been alienated by the Board before July 17, 1973, to any person for the purpose of industrial, business, residential or commercial development, and the Government Agent is satisfied that no construction of a permanent building has been commenced on that land on or before July 17, 1974, in accordance with a plan approved by the Board, the Government Agent shall by a vesting Order published in the Gazette vest such land in the State with effect from such date as may be specified therein. (2) Where any land within the Area of Authority of the Board had been alienated by the Board, on or after July 17, 1973, to any person for any industrial, business, residential or commercial development, and the Government Agent is satisfied that no construction of a permanent building has been commenced on that land in accordance with the plan approved by the Board, before the lapse of one year from the date of such alienation, the Govemment Agent shall by a vesting Order published in the Gazette vest such land in the State with effect from such date as may be specified therein. 3. (1) A vesting Order made under section 2 shall have the effect of vesting such land in the State free of all encumbrances. (2) Where any land is vested in the State by virtue of a vesting Order made under section 2, no person having any interest in such land shall be entitled to enforce his rights in respect of such interest against the State or against any person to whom such land is subsequently alienated by the State. (3) A vesting Order made under section 2 shall not be called in question in any court of law. 4. (1) A copy of the vesting Order made Serving of under section 2 shall be served on the vesting Order . and taking person to whom the land had been alienated possession or by the Board or where he cannot be found land alienated. on the person who is in occupation of such land or where there is no person in occupation, by affixing such copy in a conspicuous place on such land (2) Upon the copy of a vesting Order being served as required under this Law, the person to whom the land was alienated by the Board or where any other person is in occupation of such land, such other person shall, within a period of thirty days from the date of such service, remove any temporary structure erected on such land and vacate such land. (3) Where the person to whom the land had been alienated by the Board or the person in occupation of such land fails to vacate the land within the aforesaid period of thirty days, the Government Agent may XIX/II Cap. 5821 RESUMPTION OF STATE LAND (ANURADHAPURA PRESERVATION BOARD) Obstruction to be an offence. This Law not to apply to associations or bodies. This Law to prev ail over other laws . by himself or through any officers authorized by him, enter such land and take possession of such land . The Government Agent or such officers may, if they consider it necessary to do so, call upon the assistance of the members of the police force for the purpose of taking possession of such land. 5 . Any person who in any manner obstructs the Government Agent or any officers in their attempt to take possession of such land shall be guilty of an offence and shall, upon conviction after trial by a Magistrate, be liable to a fine not exceeding five hundred rupees or to a term of imprisonment of either description not exceeding six months or to both such fine and imprisonment. 6. The provisions of this Law shall not apply where land had been alienated by the Board to any association or body of persons, whether corporate or unincorporate. 7. Where the provisions of this Law are in conflict or inconsistent with the provisions of any other law, the provisions of this Law shall prevail. • Repealed by Law No. 25 of 1974. 8. In this Law, unless the context Interpretation. otherwise requires .. alienate "with its grammatical variations and cognate expressions includes (i) any conveyance, transfer, grant, lease or any other disposition whatsoever, and (ii) the transfer of possession under any purported, proposed or intended conveyance, transfer, grant, lease, or any other disposition whatsoever ; II Anuradhapura Preservation Board " means the Anuradhapura Preservation Board established by the Anuradhapura Preservation Board Act, No. 32 of 1961 ;* II building " includes any foundation or structure of a permanent nature constructed in accordance with any plan approved by the Board ; "Government Agent" means the Government Agent of the Anuradhapura District, and includes an Additional or Assistant Government Agent of that District XIX I 12