Sri Lanka Consolidated Acts

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Agrarian Services (Amendment) Act (No. 4 of 1991) - Sect 12

Insertion of section 16A in the principal enactment

12. The following new section is hereby Inserted immediately after section 16 and shall have effect as section 16A of the principal enactment : "
16A.
(1) Where the landlord of any extent of paddy land informs the Commissioner in writing with a copy thereof to the tenant cultivator of that extent that the tenant cultivator of that extent has wilfully neglected to cultivate such extent with any crop during any paddy cultivation season in which cultivation was possible, the Commissioner may cause an inquiry to be held by an Inquiry Officer and if after such inquiry the Inquiry Officer holds that the tenant cultivator has wilfully neglected to cultivate such extent with any crop, such tenant cultivator shall be liable to pay the landlord rent for such extent for such season as provided for in subsection (8) of section 17,
(2) Where a landlord of an extent of paddy land informs the Commissioner in writing with a copy thereof to the tenant cultivator that, such tenant cultivator has wilfully neglected to cultivate that extent during two or more consecutive seasons when it was possible to cultivate such land, the Commissioner shall cause an inquiry to be held by an Inquiry Officer and if after such inquiry the Inquiry Officer holds that the tenant cultivator has so neglected to cultivate that extent for two or more consecutive seasons, the Commissioner shall order such tenant cultivator to vacate such extent and if the tenant cultivator fails to comply with that order he shall be evicted from such extent in accordance with section 6. The provisions of subsection (5) of section 4 shall apply alter such vacation or eviction.
(3) Where a landlord of an extent of paddy land informs the Commissioner in writing with a copy thereof to the tenant cultivator that such tenant cultivator has so neglected the cultivation of that extent during two or more cultivation seasons that its yield has fallen below the average for comparable extents in the district, the Commissioner shall cause an inquiry to be held by an Inquiry Officer and if, after such inquiry the Inquiry Officer holds that the tenant cultivator has so neglected the cultivation of that extent, the Commissioner shall order such tenant cultivator to vacate such extent and if the tenant cultivator fails to comply with the order he shall be evicted from that extent in accordance with section 6. The provisions of subsection (5) of section 4 shall apply after such vacation or eviction.
(4) Where the Viharadhipathi or high priest of a temple, kovil or church or the Diyawadana Nilame of the Dalada Maligawa. Basnayake Nilames and Trustees of Devalayas and Temples or the trustee of a mosque informs the Commissioner in writing with a copy thereof to the tenant cultivator that such tenant cultivator of an extent OF paddy land belonging to such temple, kovil, church, Dalada Maligawa, Devalayas and Temples or mosque has failed to perform such service as he is required to perform for the benefit of the temple, kovil, church, Dalada Maligawa, Devalayas, and Temples, or mosque, or to pay in lieu of such services to such temple, kovil, church, Dalada Maligawa, Devalayas and Temples, or mosque such reasonable amount as shall be determined by the Commissioner, in exchange for the use of such paddy land, the Commissioner shall cause an inquiry to be held by an Inquiry Officer and if after such inquiry the Inquiry Officer holds that the tenant cultivator has failed to perform such services or to pay the amount in lieu of services the Commissioner shall, notwithstanding' anything in any other law. order such tenant cultivator to vacate such extent and if the tenant cultivator fails to comply with that order, he shall be evicted from that extent in accordance with section 6 notwithstanding anything in any other law. The provisions of subsection (5) of section 4 shall apply after such vacation or eviction.".


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