Sri Lanka Consolidated Acts

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Land Reform (Amendment) Act (No. 39 of 1981) - Sect 18

Special provisions relating to certain orders made under section 14 of the Land Reform Law

18.
(1) Any person who was entitled, on the date of commencement of the Land Reform Law, to make an application under section 14 of that Law but has failed to do so within the time specified in subsection (1) of that section may, within three months of the date of commencement of this Act and notwithstanding-
(a) the fact that such person is, at the date of commencement of this Act" ,not the statutory lessee of the agricultural land of which he was the owner on the day immediately preceding the date of commencement of the Land Reform Law (in this subsection. referred to as "the relevant date "), and
(b) anything in the aforesaid section 14,
(2) The Commission may, upon receipt of an application as aforesaid, make an order under subsection (2) of section 14 of the Land Reform Law granting approval for such transfer, if and only if-
(a) no compensation has been paid under section 28 of the Land Reform Law in respect of the land specified in the application; and
(b) that land has not been alienated to any person under section 22 of that Law,
(3) Where prior to the date of commencement of this Act, the Commission has made au order under subsection (2) of section 14 refusing to grant approval for the transfer of any agricultural land and the person applying. to make such transfer. has failed to-appeal to the Minister against such order within the period specified in that subsection. such person may, within three months of the date of commencement of this Act and notwithstanding anything in that section, appeal to the Minister against such order.
(4) Where prior to the date of commencement of this Act, a person has appealed to the Minister under subsection (2) of section 14 of the Land Reform Law against an order made by the Commission. under that subsection and the Minister has rejected such appeal, such person may, within three months of the date of commencement of this Act and notwithstanding anything in that aforesaid section 14 make a further appeal to the Minister against such order.
(5) The Minister may, on an appeal made to him under subsection (3) or subsection (4) and notwithstanding anything in section 14 of the Land Reform Law, amend, vary or modify the order against which the appeal is made, if and only if-
(a) no compensation has been paid under section 28 of the Land Reform Law in respect of the land which is referred to in the appeal; and
(b) that land has not been alienated to any person, under section 22 of that Law,
(6) Where-
(a) an order is made by the Commission under section 14 of the Land Reform Law in pursuance of an application made under subsection (1) of that section read with subsection (1) of this section; or
(b) an order made by the Commission under section 14 of that Law is varied, modified or amended by the Minister under subsection (5) of this section,
(7) Subsections (3) and (4) of section 14 of the Land Reform Law shall, mutatis mutandis, apply to every order made by the Commission under section 14 of that Law-
(a) in pursuance of an application made under that section read with subsection (1) of this section; .or
(b) as varied, modified or amended by the Minister under subsection (5) of this section.


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