Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Agrarian Services (Amendment) Act (No. 4 of 1991) - Sect 38

Insertion of new section 62A in the principal enactment

38. The following new section is hereby inserted immediately after section 62 of the principal enactment and shall have effect as section 62A of the principal enactment:-
62A.
(1) No person shall fill any extent of paddy land except with the written permission of the Commissioner. Any person who acts in contravention of the foregoing provision commits an offence.
(2) Where the Commissioner is informed that any person is acting in contravention of subsection (1) the Commissioner may make an application in writing in the form set out in the Schedule to this Act to the Magistrate's Court within whose local jurisdiction such extent or any part thereof is situated"
(a) that he is the Commissioner of Agrarian Services ;
(b) that the land described in the schedule to the application is paddy land ;
(c) that the person named in the application is acting in contravention of subsection (1) of section 62A of Agrarian Services Act. 58 of 1979,
(3)Every application under this section shall be supported by an affidavit verifying to the matters set forth in the application.
(4) Upon receipt of the' application the Magistrate shall forthwith issue summons on the person named in the application to appear and show cause on the date specified in such summons (being a date not later than two weeks from the date of issue of such summons) why he or his servants or agents should not be restrained as prayed for the application.
(5) If on the date specified in the summons the person to whom such summons has been issued fails to appear or informs the Court that he has no cause to show against the issuing of such order the Court shall forthwith issue an order as prayed for in the application
(6) If the person on whom summons has been issued duly appears in Court and States that he has cause to show against issuing such order the Magistrate's Court may proceed forthwith or may set the case for inquiry on a later date.
(7) The Magistrate's Court shall not be competent to call for any evidence from the Commissioner to support the application
(8) If after the inquiry the Magistrate is not satisfied that the person showing cause has lawful authority to fill the extent of paddy land he shall make order restraining such person, or his servants and agents from doing any act in contravention of this section .
(9) Where any person is convicted for an offence under subsection (1) of this section the Court may make order that any implements, instruments, machinery or vehicles used in or in connection with the commission of the offence shall be forfeited to the State. The provisions of subsection (6) of section 62 shall, mutatis mutandis, apply to such forfeiture.

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]