5. The following new sections are hereby inserted immediately after action 5 of the principal enactment and shall have effect as section 5A and section 5B respectively of the principal enactment : "
| 5A.
| | (1) Any Viharadhipathi or high priest of a temple, kovil or church or any trustee of a mosque may, within twelve months of the enactment of this section make application to the Commissioner to have an extent of land not exceeding two acres owned by such temple, kovil, church or mosque exempted from the application of section 2 of this Act. | | |
| | (2) The Commissioner shall hold an inquiry into such application at which the tenant cultivators, if any, of such extent of land shall be afforded an opportunity of making representations. The Commissioner shall thereafter make the decision exempting such extent of land as may be reasonably necessary for the maintenance of the temple, kovil, church or mosque, being an extent not exceeding two acres, from the application of the provisions of section 2. The Commissioner shall also decide the amount of compensation payable to each tenant cultivator by the applicant and the date before which such compensation shall be paid. | | |
| | (3) Any person aggrieved by the decision of the Commissioner may appeal to the Board of Review against the decision and the Board of Review may affirm or vary the Commissioner's decision. The decision of the Board of Review on such appeal shall be final and conclusive. | | |
| | (4) Where no appeal is made to the Board of Review, or an appeal having been made the Board affirms the decision of the Commissioner, the Commissioner shall order the tenant cultivator to vacate the land on or before the date specified in the order. | | |
| | (5) Where the tenant cultivator fails to vacate the extent of land in compliance with such order, he may be evicted under the provisions of section 6, provided that the Commissioner shall take action to evict such tenant cultivator only after any compensation due to him under this section has been paid in full by the applicant. | | |
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| 5B.
| | (1) An owner of paddy land whose only source of income is the rent paid by his tenant cultivators may within twelve months of the enactment of this section make application to the Commissioner for an exemption from the application of section '2 of this Act. For the purpose of this section any paddy land owned by a spouse or a minor child below eighteen years of age of an owner of paddy land shall be deemed to be paddy land owned by such owner. | | |
| | (2) The Commissioner shall hold an inquiry into such application at which the tenant cultivators of such paddy land shall be afforded an opportunity of making representations. The Commissioner shall, if the requirements of subsection (1) are satisfied. make the decision exempting an extent not exceeding one acre of such land from the application of the provisions of section 2. The Commissioner shall also decide the amount of compensation payable to each tenant cultivator by the applicant and the date before which such compensation shall be paid. | | |
| | (3) Any person aggrieved by the decision of the Commissioner may appeal to the Board of Review against, the decision, and the Board of Review may affirm or vary the Commissioner's decision. The decision of the Board of Review on such appeal shall be final and conclusive. | | |
| | (4) Where no appeal is made to the Board of Review or an appeal having been made, 'he Board of Review affirms the decision of the Commissioner, the Commissioner shall order the tenant cultivator or tenant cultivators to vacate the land on or before the date specified in the order. | | |
| | (5) Where any tenant cultivator fails to vacate the extent of land in compliance with such order he may be evicted under the pro visions of section 6, provided that the Com missioner shall take action to evict such tenant cultivator only after any compensation due to him under this section has been paid in full by the applicant.". | | |
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Sri Lanka Consolidated Acts