36.
| (1) Where the tenant cultivator of any extent of paddy land refuses to give his consent to the owner of such extent of paddy land to extract any mineral resources from that extent of paddy land, the Commissioner-General may permit the owner of such extent of paddy land to use an extent not exceeding twenty perches of" that extent of paddy land for the purpose of extracting such mineral resources during a specified period of time. The permission granted under this section is permission granted for the use of such extent of paddy land and shall not be construed as a licence permitting the extraction of such mineral resources. |
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| (2) Prior to granting the owner of that extent of paddy land permission under subsection (3). the Commissioner-General shall order the landlord to pay the tenant cultivator, compensation for the loss of possession of that extent for the period of time during which the owner is given permission to obtain mineral resources from that extent of paddy land. In determining the amount of compensation to be paid the Commissioner-General shall take into consideration the bushels of paddy which can be obtained from that extent of paddy land during the period of time for which permission has been granted. |
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| (3) Where the tenant cultivator refuses to accept the compensation ordered under subsection (2). the compensation shall be deposited with the Agrarian Development Council within whose area of authority such paddy land is situated. |
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| (4) When compensation is deposited with an Agrarian Development Council under subsection (3), the Council shall inform the person to whom such compensation is due, by letter sent by registered post, to take necessary steps to collect such compensation within a period of six months of the date of the letter. |
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| (5) If such compensation is not collected by such person within the period of six months referred to in subsection (4) such compensation shall be credited to the Agrarian Development Fund. |
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| (6) The permission granted by the Commissioner-General under subsection (1) shall be deemed not to be an eviction of the tenant cultivator from the occupation of such extent of paddy land. |
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Sri Lanka Consolidated Acts