Sri Lanka Consolidated Acts

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Agrarian Services (Amendment) Act (No. 9 of 1990) - Sect 3

Replacement of section 29 of the principal enactment

3. Section 29 of the principal enactment is hereby repealed and the following section substituted therefor:"
29.
(1) Where under the provisions of this Part default is made or deemed to be made in respect of any loan granted on a mortgage or charge on any agricultural land and the interest due thereon, the prescribed bank may notify the Magistrate's Court, that the owner cultivator or occupier of such agricultural land is in default of the sum of money specified in such notice.
(2) The notice referred to in subsection (1) shall be filed of record in the Magistrate's Court having jurisdiction over the place where such extent of agricultural land is situate and such sum, if any, as is found to be due shall be recovered in like manner as a fine imposed by such court notwithstanding that such sum may exceed the amount of the fine which that court may in the exercise of its ordinary jurisdiction impose.
(3) For the purpose of subsection (2) a certificate under the hand of an officer authorized in that behalf by the prescribed bank to the effect that the sum specified* therein is due to such bank from the defaulter named in the certificate shall be prima facie proof that such sum is due to such bank from such defaulter.
(4) Where the defaulter is a tenant cultivator and the prescribed bank reports to the Commissioner that it is impracticable or inexpedient to recover the said sum in default in the manner provided for in subsection (2) the Commissioner on being satisfied that such sum cannot be recovered * in the manner provided for, may suspend the tenancy rights of such defaulter until such money is paid to the prescribed bank.
(5) All proceedings instituted in any court under subsection (2) shall have priority over all the other businesses of that court and shall in any event be disposed of within six months of the institution of the proceedings by the prescribed bank.".


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