Sri Lanka Consolidated Acts

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Irrigation (Amendment) Act (No. 13 of 1994) - Sect 3

Insertion of new sections 2A and 2B in the principal enactment

3. The following new section are hereby inserted immediately after section 2 and shall have effect as section 2A and 2B respectively of the principal enactment :-
2A. Where any Farmers' Organisation which has taken over the operation and maintenance of the whole or part of the distributory canal system of a inter-provincial irrigation and land development scheme requests that lands within the jurisdiction of such Organization be exempt from the payment of the irrigation rate imposed under subsection (1)of section 2, the Divisional Secretary of the Divisional Secretary's division within which such lands are situated may, by Order published in the Gazette, direct that for such period, and subject to such terms and conditions as may be specified in the Order, the lands within such area specified in the Order shall be exempt from payment of the irrigation rate imposed under subsection (1) of section 2.
2B.
(1) Any Farmers' Organisation which has taken over the whole or part the operation and maintenance of distributory canal system and the lands within whose jurisdiction are exempted from the payment of irrigation rates under section 2A may, impose and recover a levy of such amount in respect of such lands to cover the cost of operation and maintenance of the distributary canal system and any other work beneficial to the farming community in such area. The levy imposed in relation to a land in respect of which there is an allottee or tenant cultivator or owner cultivator shall be pay able by such allottee or tenant cultivator or owner cultivator, as the case may be.
(2) The provisions of subsection (4) of section 2 shall, mutatis mutandis, apply to a levy imposed under subsection (1).
(3) Where any levy is imposed under subsection (1) in respect of a land, the Farmers'' organization within whose jurisdiction such land is situate shall give a written notice of the amount of levy, to the person who is liable to pay such levy under subsection (1)
(4) It shall be the duty of every person or. whom a notice under subsection (3) is given, to comply with such notice within the period specified therein.
(5) Where default is made in the payment of the levy imposed under subsection (1) of this section in relation to a land, the Farmers' Organization imposing the levy shall inform the Divisional Secretary of the Divisional Secretary's Division within, which such lab is situated in writing, and the Divisional Secretary shall proceed to recover the levy in the same manner as provided in Part VII of this Ordinance, and the provisions of that Part shall , mutatis mutandis apply to the recovery of such levy The levy so recovered by the Divisional Secretary shall be transmitted by him to the Farmers' Organization in respect of which such default was made.
(6) Any sums recovered by a Formers' Organization under subsection (1) and subsection (5) may be used by such Farmer's Organization for the purpose referred to in subsection (1).


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