8.
| (1) Subject to the provisions of subsection (3), a Deputy Commissioner or the Senior Assistant Commissioner or any other officer authorized in that behalf by the Commissioner shall, in regard to each specified area, determine-
| | (a) the total extent of land bearing each specified crop, and | | |
| | (b) the persons who, whether as owners or as tenants, are entitled to the whole or any part of the specified crop on such extent, and their respective shares of such crop: | | |
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| (2) Any such total extent of land bearing any specified crop as is determined under paragraph (a) of subsection (1) in respect of any specified area is hereafter in this Act referred to as the " insurable acreage " in respect of that crop in that area. |
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| (3) Any of the following lands may, if a Deputy Commissioner or the Senior Assistant Commissioner or any other officer authorized in that behalf by the Commissioner in his discretion so determines, be excluded from the insurable acreage determined for any specified area: -
| | (a) land which is known to be frequently subject to heavy loss or damage owing to drought, flood, wind, excessive rain or other unavoidable cause; | | |
| | (b) newly reclaimed or colonized land including chena lands in which production is still very uncertain; | | |
| | (c) land newly brought under cultivation of any specified crop; | | |
| | (d) land forming part of any irrigated area where irrigation has recently commenced; | | |
| | (e) land the extent of which is less than such extent as the Minister may by Order published in the Gazette declare to be the minimum insurable extent in respect of a specified crop. | | |
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| (4) A Deputy Commissioner or the Senior Assistant Commissioner or any other officer authorized in that behalf by the Commissioner shall notify the determination made under subsection (1) in such manner as he may consider expedient to the persons affected by such determination. |
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| (5) Any person who is affected by a determination made under subsection (1) may, if he is aggrieved by that determination, make a written appeal from such determination to the Commissioner within fourteen days after such determination is notified to him under subsection (4). Every such appeal shall state the grounds of appeal. |
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| (6) An appellant in any appeal made to the Com missioner under subsection (5) shall be entitled, by himself or by representative, to appear before and be heard by the Commissioner on such appeal. |
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| (7) The Commissioner may confirm or vary the determination from which an appeal is made to him under subsection (5), and his decision on such appeal shall be final and conclusive and shall not be called in question in any court. |
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| (8) A determination made under subsection (1) shall not take effect during the period within which an appeal may be made from such determination. |
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| (9) Where no appeal has been made to the Com missioner from any determination under subsection (1), such determination shall take effect immediately after the expiry of the period within which an appeal from such determination may be made. |
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| (10) Where a determination under subsection (1) is confirmed by the Commissioner in appeal, that determination shall take effect from the date of such confirmation. |
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| (11) Where a determination under subsection (1) is varied in appeal by the Commissioner, that determination as so varied shall take effect from the date of such variation. |
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| (12) A determination which takes effect in accordance with the preceding provisions of this section shall be in force until it is superseded by a fresh determination. |
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Sri Lanka Consolidated Acts