Sri Lanka Consolidated Acts

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Agrarian Development Act (No. 46 of 2000) - Sect 101

Interpretation,

101. In this Act, unless the context otherwise requires" "agriculture" includes -
(i) the growing of rice, field crops, spices and condiments, industrial crops, vegetables, fruits. flowers, pasture or fodder;
(ii) dairy farming, livestock rearing and breeding;
(iii) plant and fruit nurseries;
(iv) bee keeping and inland fisheries;
agricultural activity" means any activity involving agriculture and includes the supply of agricultural inputs for, and the use of machinery and equipment used in. such activity and any activity involving minor irrigation; 'agricultural land" means land used or capable of being used for agriculture within the meaning of this Act. and includes private lands, lands alienated under the Land Development Ordinance or the Crown Lands Ordinance or any other enactment; "agricultural road" means a road used to transport agricultural crops or to transport the harvest or to drive or transport animals, or to transport agricultural equipment and machinery or for the purposes of supplying agricultural services or for any other agricultural activity and includes a road used for the purpose of gaining access to agricultural land and includes a road which prior to this date had been used for any of the purposes stated above; "bank of any watercourse" means any river, rivulet, by a, creek, canal, natural water course or canal constructed for the constant or intermittent flow of water or a stream or water way or outlet of a water way or channel leading there from to a reservoir or any branch thereof and the "bank of such water course" shall include an extent of highland extending up to thirty-three fact from the edge of the bank of such water course ; "construction" with reference to any minor irrigation work includes any improvement or extension of any minor irrigation work, or the repair or restoration of any abandoned minor irrigation work or (subject to the definition of "maintenance" "hereinafter contained, any operation for the protection of any minor irrigation work, or the irrigable areas there under, or of any part of such work or area; "cultivator" with reference to an extent of paddy land means any person other than a Farmers' Organization or an Agrarian Development Council, who by himself or by any member of his family or jointly with any other person, carries out on such extent of paddy land"
(a) two or more of the operations of ploughing, sowing and reaping; and
(b) the operation offending or watching the crop in each season during which paddy is cultivated on such extent;
"evict" in relation to a tenant cultivator, of paddy land means to deprive a tenant cultivator of his right to use, occupy and cultivate the whole or any part of the extent of paddy land let to him. by the use of direct or indirect methods; "irrigation work" includes -
(a) any tank, bund, anicut, ela, channel, distributary field channel, or watercourse comprised in or incidental or ancillary to the irrigation work;
(b) any structure, road, bridge, sluice-gate or other engineering work comprised in. or incidental or ancillary to, the construction or maintenance of the irrigation work;
(c) any structure, bund, sluice or other engineering work erected for the purpose of draining any cultivated area or of preventing or regulating the flow of salt water into or out of any such areas or of protecting such areas from floods;
"landlord'" with reference to an extern of paddy land means the person other than an owner cultivator, who is for the time being entitled to the rent in respect of such extent if it were let on rent to any person, and includes any tenant of such extent who lets it to any subtenant; "let" with reference to any extent of paddy land, means to permit any person, under an oral or written agreement to occupy and use such extent in consideration of the performance of any service by him or the payment of rent consisting of a sum of money or a share of the produce from such extent; "loan" means any loan, advance or overdraft together with interest thereon; "maintenance" with reference to any minor irrigation works includes any operation for the protection of any existing irrigation work or the irrigable areas thereunder: "member of the family" with reference to any person means the spouse or a son or daughter of that person who is less than eighteen years of age; irrigation work" means an irrigation work serving up to two hundred acres of agricultural land; "occupier" means the person for the time being entitled to the use and occupation of agricultural land by virtue of his being the lessee or usufructuary mortgagee and shall include a person in use and occupation of agricultural lands alienated under the land Development Ordinance, the Crown Lands Ordinance or any other enactment and includes a tenant cultivator within the meaning of this Act; "owner cultivator" with reference to any extent of paddy land means the person who is the owner or usufructuary mortgagee of such extent and who is the cultivator of the entirety of such extent and in the case of an extent of paddy land which has been alienated under the Land Development Ordinance the person who derives title to such extent and who is the cultivator of the entirety of such extent shall be deemed to be the owner cultivator of such extent; "paddy land" means land which is cultivated with paddy or is prepared for the cultivation of paddy or which, having at any time previously been cultivated with paddy, is suitable for the cultivation of paddy, and includes such other land adjoining or appertaining to it as may be used by the cultivator for a threshing floor or for constructing his dwelling house, but does not include chena Sand or any land. which, with the permission of the Commissioner-General is used for any purpose other than cultivation in accordance with the provisions of this Act, or which is determined by the Commissioner-General not to be paddy land; "peace officer" has the same meaning as in the Cod;; of Criminal Procedure Act. No, 15 of 1979; "prescribed" means prescribed by this Act, or by any regulation made thereunder; "prescribed bank" means any bank which is prescribed; "statutory tenant" means a person who cultivates an extent of paddy land under a deed under the Land Development Ordinance or under a written contract obtained from the Commissioner -General. "threshing floor"' means a floor which has been prepared or is being used, for the purpose of threshing paddy, clearing paddy or for the purpose of heaping paddy manually or by the use of cattle or machinery; "watercourse" means any river or small rivulet, oya, ela or a natural ela or a ela which has been prepared for the water to flow from time to time, rivulet or a waterway from which the water flows or a branch of such rivulet and includes a width on either side of the bank equivalent to the width from the centre of the stream to the bank of the stream.


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