Sri Lanka Consolidated Acts

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Land Grants (Special Provisions) Act (No. 43 of 1979) - Sect 5

Transfers to be subject to certain conditions

5.
(1) Every transfer of any State land under section 3 shall be deemed to be subject to the following conditions, whether or not such conditions are inserted in the instrument of disposition effecting such transfer :-
(a) no disposition of such land shall be effected except with the prior consent in writing of the Land Commissioner;
(b) the transferee shall carry out on such land such soil conservation measures as the Government Agent of the administrative district within which such land is situated, may from time to time require;
(c) the transferee's title to such land shall be subject to any servitude attaching to such land ;
(d) such transfer shall be deemed not to confer any right to any mineral in, under, or upon such land and every such mineral shall be deemed to remain, and shall remain, the absolute property of the Republic;
(e) the transferee shall be liable for the payment of any irrigation rates payable under the Irrigation Ordinance in respect of such land ;
(f) the title to such land shall revert to, and vest in, the State if there is a failure by the transferee to comply with any condition to which such transfer is deemed to be subject by virtue of this sub- section ; and
(g) such other conditions as may be prescribed in the interests of the proper utilization and management of such land.
(2) Upon proof that there has been a failure to comply with or to observe any condition to which any transfer of State land under section 3 is deemed to be subject, the State shall be entitled, upon application to a court of competent jurisdiction, to a decree cancelling the instrument of disposition effecting such transfer and declaring such land to be vested in the State, free from all encumbrances.


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