Sri Lanka Consolidated Acts

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Agrarian Development Act (No. 46 of 2000) - Sect 31

The Commissioner-General and the officers to have the power to inspect agriculture land to find out the purpose for which such land is used

31.
(1) The Commissioner-General or an officer appointed under subsection (2) of section 38 may for the purpose of implementing the provisions of this Act. at all reasonable times enter upon any extent of agricultural land and may inspect such extent of agricultural land.
(2) Any officer inspecting an agricultural land under subsection (1) shall make such inspections and inquiries as may be necessary to ascertain whether"
(a) the extent of agricultural land is being filled up or is about to be filled up with soil or other material :
(b) action is being taken to construct some structure on. or any construction is being done in, that extent of agricultural land ;
(c) action is being taken to remove soil or soil is being removed from that extent of agricultural land ;
(d) such extent of agricultural land is being prepared for. or is being used for some other purpose and not for the cultivation of an agricultural crop and whether such agricultural land is being efficiently cultivated ; and
(e) acts in violation of the terms and conditions of any permission issued under subsection (1) of section 32 or subsection (1) of section 33 of this Act. are being committee on the agricultural land.
(3) The officers referred in subsection (1) may where necessary examine the permission issued under subsection (1) of section 32 or subsection (1) of section 33 in order to ascertain whether the terms and conditions subject to which permission has been issued are being complied with.
(4) Any person who obstructs any officer referred to in subsection (1), in the exercise of the powers conferred on him by subsections (2) and (3) shall be guilty of an offence under this Act, and shall on conviction after a summary trial before a Magistrate be liable to imprisonment of either description for a period not exceeding two years or to a fine not exceeding twenty five thousand rupees or to both such imprisonment and fine.
(5) Where any person obstructs an officer referred to in subsection (1) from exercising the powers conferred on him by subsections (1) (2) and (3) such officer shall make a complaint about such obstruction to the officer in charge of the Police Station of the area within which the agricultural land is situated.
(6) An affidavit sworn by an officer inspecting any agricultural land under subsection (1) to the Magistrate's Court, stating that a person named therein obstructed or resisted the exercise by him of the powers conferred on him by subsections (2) and (3) shall be admissible in evidence and shall be prima facie evidence of such fact.

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