Sri Lanka Consolidated Acts

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Land Development (Amendment) Act (No. 16 of 1969) - Sect 89

Rights of persons who are in occupation of lands as permit-holders or owners on the date of commencement of this Act to elect whether they propose to hold such lands according to the provisions of the principal enactment as amended by this Act or not and consequences of such election

89.
(1) Every person who, on the day immediately preceding the date of commencement of this Act, is in occupation of any land alienated under the provisions of the principal enactment in the capacity of either permit-holder or owner, shall, on or before such date as may be notified in the Gazette by the Government Agent of the administrative district in which such land is situated, elect whether such person will hold such land under the provisions of the principal enactment as amended by this Act or under the provisions of the principal enactment before such amendment, and shall notify such election to the Government Agent.
(2) Where a person elects under sub-section (1) to bold the land alienated to such person under the provisions of the principal enactment as amended by this Act, the provisions of the principal enactment as so amended shall be deemed to apply to such alienation and such person shall be entitled to have the new terms and conditions applicable to such alienation endorsed by the Government Agent on the permit or grant, as the case may be. But where no permit has actually been issued to such person in respect of any land alienated to him on a permit, the Government Agent shall issue to such person a permit wherein the new terms and conditions applicable to such alienation shall be specified and if such person has already developed the land alienated to the satisfaction of the Government Agent, he shall be required to pay annually, in lieu of rent, a sum of such amount and for such period as the Government Agent may determine in accordance with regulations made under section 38 and the date on which such annual payments shall commence, the number of such payments and the amount of each such payment shall be specified in the permit.
(3) Where a person elects under sub-section (1) to hold the land alienated to such person under the provisions of the principal enactment before they were amended by this Act, the provisions of the principal enactment shall, notwithstanding anything in this Act, be deemed to apply to such alienation.
(4) In this section, " permit-holder " includes a person who is in occupation of any land alienated to him on a permit although no permit has actually beer issued to him.


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