87.
| (1) Where any act is committed or any omission made by any person within the area of authority of any Farmers' Organisation contrary to any established custom or any rule relating to irrigation or cultivation whereby damage may be caused to the owner cultivator or occupier of agricultural land within such area of authority, the Farmers' Organisation shall, if the act or omission be of such a nature as to call for prompt action to prevent damage, take steps and incur such expenditure as may be necessary in the circumstances and shall forthwith make a report on the steps taken and expenditure incurred if any. to the Commissioner-General and the Agrarian Development Council within whose area of authority such act or omission has occurred. |
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| (2)
| | (a) Any person in consequence of whose act or omission any expenditure under subsection (1) was incurred, shall be liable to pay such sum as was incurred to the Farmers' Organisation, | | |
| | (b) The Farmers' Organisation shall by notice in writing and sent by registered post require such person to pay the said sum of money within period specified in the notice. | | |
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| (3) Where such person fails to pay such sum within the period specified in the notice, the Farmers' Organisation may-make an application in writing to she Commissioner-General to recover such sum of money. |
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| (4) In order to decide the question whether the expenditure in respect of which such sum is due, was properly incurred the Commissioner -General may require the Agrarian Tribunal to hold an inquiry. |
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| (5) The Farmers' Organisation and the person who has to pay the expenditure incurred shall be given an opportunity of making representations in person or through an agent at such Inquiry. If the Tribunal decides after inquiry that such expenditure was properly incurred, the Tribunal shall make order that such person shall pay such sum of money to the Farmers ' Organisation within a period of fourteen days from the date of the order and shall send 'copies to the Commissioner-General and to the parties. |
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| (6) Where any person fails to pay any sum he is required to pay by an order under subsection (5) such sum may be recovered, upon application being made by the Farmers Organisation to the Magistrate's Court having jurisdiction over the place where such person resides, in like manner as a fine imposed by such Court and any suns so recovered shall be paid by such court to the applicant Farmers' Organisation. |
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| (7) For the purposes of subsection (6) the order of the Agrarian Tribunal that such sum is due to the Farmers' Organisation from such person shall be admissible in evidence and shall be prime facie proof that such sum is due. |
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Sri Lanka Consolidated Acts