Sri Lanka Consolidated Acts

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Agrarian Services (Amendment) Act (No. 4 of 1991) - Sect 23

Amendment of section 42 of the principal enactment

23. Section 42 of the principal enactment is hereby amended as follows: "
(a) in subsection (1) of that section"
(i) by the substitution for paragraph (a) of that sub-section of the following paragraph : "
" (a) the encouragement, extension, regulation or management of paddy cultivation or any other form of cultivation ; " ;
(ii) by the substitution for paragraph (f) of that sub-section of the following paragraph: "
"(f) any other collective responsibilities imposed on owner cultivators and occupiers of agricultural land for the efficient use of such land, the improvement of productivity and the protection of minor irrigation works and conservation of water supplied therefrom.";
(b) by the repeal of subsection (5) of that section and the substitution therefor, of the following subsection : "
"(5) A meeting convened under the provisions or this section shall not be deemed to be validly constituted unless there are present owner cultivators or occupiers representing, one fourth or twenty five of the total number of owner cultivators and occupiers of agricultural land referred to in subsection (1). If such quorum be not present at two consecutive meetings, the presiding officer shall adjourn the second meeting and fix a date for the third meeting. Such third meeting shall, for all purposes, be deemed to be a validly constituted meeting notwithstanding the absence of a quorum. ";
(c) by the repeal of subsection (10) of that section and the substitution therefor of the following subsection:"
"(10)
(a) At a meeting convened under the provisions of this section the owner cultivators or occupiers of agricultural land may elect from among themselves in such manner as may be prescribed a person (hereinafter referred to as the ''Yaya Representative")to perform such duties as may be prescribed and to assist the Cultivation Officer in matters relating to the protection of minor irrigation works and for the conservation of water supplied therefrom and any other matters relating to cultivation as may arise from time to time.
(b) A Yaya "Representative may serve in that capacity for a period of three years from the date of his election unless he"
(c) Every owner cultivator and occupier of agricultural land shall pay the Yaya Representative such amount as may be prescribed as his remuneration and any person who fails to pay such shall be guilty of an offence under this Act.
(d) The provisions of sub section (2) of section 47 shall, mutatis mutandis, apply to the recovery of the Yaya representative's remuneration under this section"; and
(d) by the repeal of subsection (11) of that and the substitution therefor of the following subsection : "
" (11) The Yaya Representative shall, subject to the control and direction of the Commissioner, have the power to direct any owner or occupier of agricultural land to take such steps as the Year Representative may deem necessary for the discharge of the collective responsibilities of such owner cultivators or occupiers in regard to irrigation and cultivation practices and in respect of the protection of minor irrigation works and the conservation of water supplied therefrom.".


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