Sri Lanka Consolidated Acts

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Agrarian Development Act (No. 46 of 2000) - Sect 26

Issuing of order of dispassion

26.
(1) Where the Commissioner-General is informed by a Supervision Committee that the cultivation of an agricultural land which has been subject to supervision Order for one year is not being satisfactorily cultivated even in the succeeding year, the Commissioner-General shall after affording an opportunity to the owner cultivator or occupier of that land to show cause to the Commissioner-General or his representative as to why he should not be dispossessed of the land, issue an order (hereinafter called an "order of dispossession") dispossessing the owner or occupier of the land of his right to cultivate such land and to receive the crop from such land for such period as is specified in the order.
(2) Where the person on whom the order under subsection (1,) is served is aggrieved by such order he shall within thirty days of the receipt of such order prefer an appeal to the Secretary to the Ministry of the Minister. A copy of such appeal shall be simultaneously sent to the Commissioner-General by registered post.
(3) Where no appeal is preferred against such order under subsection (2), such order shall be final and conclusive.
(4) Where an order of Dispossession is final and conclusive under subsection (3). the Commissioner-General shall evict such owner cultivator or occupier of such agricultural land in accordance with the provisions of section 8 of this Act and shall deliver such agricultural land to the Land Bank.
(5) Where an Order of Dispossession has been entered into in respect of an agricultural land, such land shall not be handed back to the owner cultivator or occupier except on payment by him of all expenses incurred on improvements effected to such land and all such other expenses as have been incurred in relation to such land.
(6) Regulations may be made in respect of the manner of issuing, service of. and giving effect to an Order of Dispossession, the procedure for revocation of such Order. and the procedure for handing back possession.


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