Sri Lanka Consolidated Acts

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Agrarian Development Act (No. 46 of 2000) - Sect 39

Establishment of Agrarian Tribunals

39.
(1) There may be appointed for every administrative district or for one or more administrative districts, one or more Agrarian Tribunals consisting of not more than three persons appointed from among retired Judges or attorneys-at-law with more than seven years experience or persons who have had seven years experience at the executive level in the field of agriculture.
(2) Where a member of an Agrarian Tribunal vacates office by reason of death, resignation, removal from office, absence from Sri Lanka or ill health, another person shall be appointed to act in his place.
(3) Every member of Agrarian Tribunal shall unless he earlier vacates his office, hold office for a period of two years :
(4) A member vacating office by effluxion of time shall be eligible for re-appointment.
(5) The quorum for a meeting of an Agrarian Tribunal shall be two.
(6) There may be appointed to every Agrarian Tribunal a Secretary.
(7) An Agrarian Tribunal may examine any witness on oath if it thinks fit so to do, and may summon any person to appear before it or to produce any documents which in the opinion of the Tribunal, may be relevant to the application, complaint or reference being inquired into by the Tribunal.
(8) If any person upon whom a summons issued by an Agrarian Tribunal has been served-
(a) fails without reasonable cause to appear before the Agrarian Tribunal at the time and place mentioned in such summons ; or
(b) refuses without reasonable cause to be sworn, or having been sworn, fails or refuses without reasonable cause to answer any question put to him by a member of the Agrarian Tribunal touching the matters being inquired into by such Tribunal or willfully gives a false answer to any such question ; or
(c) fails or refuse without reasonable cause, to produce before the tribunal any document which is in his possession or power and which he has been required to produce.
(9) An Agrarian Tribunal shall inquire into all applications, complaints or appeals referred to it under this Act and shall inform the parties thereto and the Commissioner-General of its decisions thereon,
(10) A certificate issued by the Agrarian Tribunal that any person has acted in the manner set out in subsection (8). shall be prima facie proof of the facts stated therein.
(11) Regulations may be made set;mg out the manner in which applications, complaints or appeals to an Agricultural Tribunal shall be made, the particulars to be included in any such application, complaint or appeal and the procedure to be followed at meetings of the Tribunal.


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