3. Chapters II and III of the principal enactment are hereby repealed and the following chapters substituted therefor:
| 8. Subject to the general or special directions of the Land Commissioner, State land may be mapped out by the Government Agent for any one or more of the following purposes:
| | | | | (d) village purposes not herein specified ; | | |
| | (e) human re-settlements ; | | |
| | (f) protection of the sources or courses of streams ; | | |
| | (g) prevention of the erosion of the soil; | | |
| | | (i) Government purposes, including Government buildings, roads or works; | | |
| | (j) reservations for climatic and other ecological purposes and environmental protection; | | |
| | (k) preservation of objects of archaeological or historical interest; | | |
| | (I) the requirements of local authorities; | | |
| | (m) the development of towns; | | |
| | (n) alienation to certain classes of persons; | | |
| | (o) any other purpose that may be prescribed, having regard to the protection, conservation and development needs of the area. | | |
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| 9. When State land has been mapped out in accordance with the provisions of section 8. the Government Agent shall cause to be prepared
| | (a) a scheme specifying the mapped-out areas and the purposes for which the lands in such areas have been respectively reserved; | | |
| | (b) a diagram depicting the mapped-out areas specified in the scheme. Duty of Government Agent to transmit to the district agricultural committee the scheme and diagram prepared by him under section 9 for its observations. | | |
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| 10. The Government Agent shall transmit to the district agricultural committee constituted in his administrative district the scheme and diagram prepared by him under section 9 for consideration by that committee. |
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| 11. The district agricultural committee shall, within thirty days after the date of the receipt of the scheme and diagram from the Government Agent, return the scheme and diagram to the Government Agent with the observations of the committee on that scheme and diagram. |
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| 12. After considering the observations made by the district agricultural committee on the scheme and diagram prepared by the Government Agent under section 9, the Government Agent may, if he considers it necessary so to do, modify such scheme and diagram; and the scheme and diagram, or the modified scheme and diagram, as the case may be, shall thereupon be transmitted by the Government Agent to the Land Commissioner together with the observations of the district agricultural committee on the scheme and diagram as prepared and transmitted to that committee by the Government Agent. |
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| 13.
| | (1) Upon receipt of a scheme and diagram forwarded to him under section 12, the Land Commissioner may confirm such scheme and diagram or may issue to the Government Agent such further directions for instructions in regard to the mapping out or to the scheme or to the diagram as he may consider requisite; and the Government Agent shall observe and give effect to such directions or instructions. | | |
| | (2) Where the Land Commissioner is satisfied that the directions or instructions issued by him under subsection (1) have been given effect to, he may confirm the scheme and diagram or the modified scheme and diagram, as the case may be. | | |
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| 14. Notice of the fact that the Land Com- missioner has confirmed any scheme forward- ed to him under section 12 shall be published in such mariner as may be prescribed. |
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| 15. Upon publication of a notice under section 14, every member of the public shall be entitled to inspect free of charge at the district kaeheheri or at the office of the Surveyor-General the diagram depicting the scheme of. mapping-out referred to in such notice. |
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| 16. No scheme which, has been confirmed by the Land Commissioner shall, except with the approval and consent of the Minister, be varied or modified so as to enable land which has been mapped-out for any purpose mentioned in paragraphs (a) to (e) of section 8 to be mapped-out or to be utilized for the purpose mentioned in paragraph (n) of that section: |
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| 17. State land may be alienated whether it has been mapped-out or not. |
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| 18. Unmapped-out land, which has been alienated, shall be deemed to have been mapped-out for alienation to persons of the class to which the alienee belongs. |
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| 19.
| | (1) Alienation of State land to any person under the provisions of this Ordinance shall be effected in the manner hereinafter provided. | | |
| | (2) Every such person shall in the first instance receive a permit authorizing him to occupy the land. | | |
| | (3) The date on which such annual instalments shall commence, and the amount of each such instalment shall be endorsed at any time by the Government Agent on the permit issued to such permit-holder. | | |
| | (4) A permit-holder shall be issued a grant in respect of the land of which he is in occupation
| | | (a) where he has paid all sums which he is required to pay under subsection (2) ; |
| (b) where he has complied with all the other conditions specified in the Schedule to the permit; and |
| (c) where he has been in occupation of, and fully developed, to the satisfaction of the Government Agent
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| | (5) Notwithstanding the provisions of subsections (1), (2), (3) and (4), any permit-holder belonging to the peasant class may be exempted from the payment of the purchase amount referred to in subsection (2) subject to the condition that the Land Commissioner may however recover the cost of the improvements to such land which may have been incurred prior to the alienation of such land. | | |
| | (6) Every grant issued under subsection (4) shall contain the conditions that the owner of the holding shall not
| | | (a) dispose of a divided portion, or an undivided share of the holding which is less in extent than the unit of the sub-division or the minimum fraction specified in the grant; and |
| (b) dispose of such holding except with the prior approval of the Government Agent. |
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| 20. The selection of persons to whom state land shall be alienated under tic Ordinance shall be made at a Land Kachcheri Provided that such selection may be made otherwise than at a Land Kachcheri in the following cases :
| | (a) where the Land Commissioner is satisfied that immediate alienation of any land under this Ordinance is desirable in the interests of an applicant and that there are no other interests in the land in question which are likely to be prejudiced; | | |
| | (b) where the Minister so directs in any particular case or class of cases if it is in the public interest to do so. | | |
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| 21. The notification that a Land Kachcheri will be held shall be substantially in the prescribed form and shall be published in such manner as may be prescribed. |
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| 22.
| | (1) The Government Agent may, in a notification under section 21, fix a date before which application shall be made to him for the Land proposed to be alienated at the Land Kachcheri appointed to be held by such notification. | | |
| | (2) Where a date has been so fixed in such notification, the Government Agent may, in his discretion, refuse at the Land Kachcheri to accept or to consider any application for land received after such date. | | |
| | (3) Where no date has been so fixed, the Government Agent shall be bound to consider all applications received, whether at the Land Kachcheri or before the date fixed for the holding of such Land Kachcheri: | | |
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| 22A. No State land shall be alienated to any person other than a person who is a citizen of Sri Lanka. |
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| 23.
| | (1) At a Land Kachcheri the Government Agent may, having considered the applications referred to in section 22
| | | (a) select the applicants to whom State land shall be alienated either immediately, or on, or before, a future date in accordance with the provisions of this Ordinance ; or |
| (b) reject any application where the provisions of this Ordinance relating to such application have not been complied with. |
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| | (2) In making any selection under sub section (1), the Government Agent shall have special regard to applications received from persons resident in the neighborhood of the land proposed to be alienated at the Land Kachcheri, | | |
| | (3) An appeal in the manner prescribed shall lie to the Land Commissioner against any decision made by a Government Agent under subsection (1). | | |
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| 23A. Where by reason of a decision of a Government Agent made at a Land Kachcheri or otherwise a person is notified of his selection for the alienation of land or a person is in occupation of any land as a permit-holder, the Land Commissioner may, within one year after the date on which such selection was notified or such person has been in occupation of such land, vary by way of revision the decision of the Government Agent, if in the opinion of the Land Commissioner the selection has not been made in accordance with the provisions of this Ordinance. |
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| 24.
| | (1) The date on which a person is selected to receive a permit or a grant of State land shall be the material date for the purpose of ascertaining whether such person is duly qualified to receive such permit or grant. | | |
| | (2) Where land alienated to a person on a permit is subsequently alienated to the same person on a grant, the material date for the purpose of ascertaining whether such person is duly qualified to receive such land on a grant shall be the date on which such person was selected by the Government Agent to receive the same land upon a permit.". | | |
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Sri Lanka Consolidated Acts