AGRARIAN DEVELOPMENT ACT

Arrangement of Sections

1. Short title.

PART I

TENANT CULTIVATORS OF PADDY LANDS

1A. Persons deemed to be tenant cultivators for the purposes of this Act.

1B. Procedure to be followed where possession of the extent of paddy land cannot be awarded to a person deemed to be a tenant cultivator.

1C. Where the lessee of an extent of paddy land shall not be deemed to be a tenant cultivator.

1D. Devolution of rights of tenant cultivators.

1E. Nomination of a successor by a tenant cultivator.

1F. Where there is no successor.

1G. Person not entitled to rights of a deceased or permanently disabled tenant cultivator in respect of any extent of paddy land not to use or occupy same.

1H. Commissioner-General to determine disputes regarding devolution of rights of tenant cultivators.

PART IA

RIGHTS OF tenant cultivators of paddy lands

2. Paddy lands cultivated by a tenant cultivator to be offered for sale to tenant cultivators.

3. Transfer and cession of rights of tenant cultivator.

4. Exemption of paddy lands owned by temple from tenant cultivators rights.

5. Order determining the maximum extent of paddy land.

6. Repealed.

7. Right of tenant cultivators; provision in regard to certain evicted tenants of paddy lands; and restriction of eviction of tenants of paddy lands.

8. Procedure for eviction.

9. Rent to be determined by the Commissioner-General.

10. Consequence of failure by tenant cultivator to pay rent.

11. When rent is not payable.

12. Time and place for paying rent and when rent commences to be in arrears.

13. Tenant cultivator to inform landlord of the dates of harvesting and removal of paddy.

14. To whom the rent is payable.

15. Provision applicable when rent is paid through the Agrarian Development Council to the landlord or to his authorised agent.

16. Receipts to be given for payment of rent.

17. Interest to be paid on rent in arrears.

18. Recovery of rent and interest in arrears.

19. Fixing of compensation to be paid to the tenant cultivator.

20. Repealed.

21. Particulars of land to be submitted by landlord and the tenant cultivator.

PART II

UTILISING AGRICULTURAL LANDS IN ACCORDANCE WITH AGRICULTURAL POLICIES

22. Duties of owner, cultivator or occupiers relating to the cultivation and management of agricultural land.

23. Issuing supervision orders.

24. Compensation to be paid in respect of agriculture land which is not properly cultivated.

25. Appointment of Supervision Committees.

26. Issuing of order of dispossession.

27. Cultivation of land subject to a dispute.

28. The Commissioner may decide that certain land is a paddy land.

29. Identification of paddy lands which can be cultivated with paddy and other crops.

30. Every paddy land which can be cultivated with paddy shall be utilised for the cultivation of paddy.

31. The Commissioner-General and the officers to have the power to inspect agricultural land to find out the purpose for which such land is used.

32. Using a paddy land for a purpose other than an agricultural cultivation without the permission of the
Commissioner-General to be punished.

33. Filling up of paddy land or utilising paddy land for any purpose other than cultivation.

34. Paddy lands should not be used for purpose of other than agriculture cultivation.

35. Rent to be paid in respect of other agricultural crops.

36. Permission given to obtain mineral resources in paddy land.

37. Establishment of the Land Bank.

PART III

APPOINTMENT AND POWERS AND DUTIES OR THE COMMISSIONER-GENERAL, THE ADDITIONAL COMMISSIONER-GENERAL, THE COMMISSIONERS, THE DEPUTY COMMISSIONERS, THE ASSISTANT COMMISSIONERS AND AGRARIAN DEVELOPMENT OFFICERS

38. Appointment of Commissioner-General, Additional Commissioner-General, Deputy Commissioners, Assistant Commissioners and Development Officers.

PART IV

ESTABLISHMENT OF AGRARIAN TRIBUNALS

39. Establishment of Agrarian Tribunals.

40. Repealed.

41. When the decision of an Agrarian Tribunal shall be executed.

42. Right of Appeal.

PART IVA

BOARDS OF REVIEW

42A. Boards of Review.

42B. When the decision of a Board of Review shall be executed.

PART V

INSTITUTIONAL STRUCTURE OF FARMERS' ORGANISATIONS

43. Establishment of Farmers Organisations.

44. Commissioner-General may examine accounts of Farmers Organisations.

45. Farmers' Organisations to have the power to obtain loan facilities.

46. Small groups of farmers.

47. Farmers' Organisation to appoint a member to the Agrarian Development Council.

48. Farmers' Organisation to assist the Agrarian Development Council.

49. Farmers' Organisations to submit information of owner cultivators and occupiers to Agrarian Development Councils.

50. Cancellation of Registration.

PART VI

AGRARIAN DEVELOPMENT COUNCILS

51. Establishment of Agrarian Development Councils.

52. Function of Agrarian Development Councils.

53. Registers of Agricultural lands.

54. Agriculturalists to give information to Agrarian Development Council.

55. Survey of agriculture land.

56. Recovery of acreage tax.

57. Loans given by Farmers Organisations and by Agrarian Development Councils to be recoverable.

58. Audit and accounts.

59. Audit of Accounts of Agrarian Development Council.

60. Establishment of the Farmer Organisation District Federation.

61. The powers and functions of Farmers' Organisations District Federation.

62. Membership fees.

63. Maintaining of accounts of a Farmers' Organisation District Federation.

64. Establishment of Farmers' Organisation Provincial Federations.

65. Establishment of Sri Lanka National Farmers Organisation Federation.

66. Sri Lanka National Farmers Organisations Federation may obtain membership fees.

67. The powers and function of Sri Lanka National Farmers' Organisations Federation.

68. Provisions for the maintenance of an examination of accounts of the Sri Lanka National Farmers' Organisation Federations.

69. Organisation, Agrarian Development Council, Farmers' Organisation District Federations, Farmers' Organisation Provincial Federations, the Sri Lanka National Farmers' Organisation Federations exempt from stamp duty and fees.

70. Farmers Organisations, Agrarian Development Councils, Farmers' Organisation District Federation, Farmers' Organisation Provincial Federation and Sri Lanka National Farmers' Organisation Federation exempted from the Inland Revenue Act.

71. Application of Bribery Act.

72. Officers' and Servants of Farmers' Organisations Agrarian Development Council. Farmers' Organisation District Federation, Farmers' Organisation Provincial Federation, and Sri Lanka National Farmers Organisation Federation to be deemed to be public officers.

73. No suit to lie against member or servant of Farmers' Organisations, Agrarian Development Councils, Farmers' Organisation District Federation, Farmers' Organisations Provincial Federations or the Sri Lanka National Farmers' Organisation Federation.

74. The powers and functions of Agricultural Research and Production Assistants.

75. Agrarian Development Council to issue identity cards.

76. Commissioner-General may call for information.

77. Powers of the Commissioner-General.

78. Commissioner-General subject to the general direction of the Minister.

79. Persons authorised to prosecute.

80. Commissioner-General to have powers of a District Court.

PART VII

IRRIGATION WORK AND THE MANAGEMENT OF IRRIGATION WATER

81. Supervision and administration of irrigation work to be under the Farmers' Organisation.

82. Farmers Organisation to be informed of any construction projects.

83. Interference with the protection of irrigation work.

84. Allowing the flow of waste matter to paddy lands or watercourses.

85. Offence relating to dumping of waste matter into paddy lands and watercourses.

86. Meetings of the owner cultivators and occupiers.

87. Action to be taken when it is contrary to any custom or rule relating to the field or agriculture.

88. Agrarian Development Council to make advances.

89. Procedure to be followed in digging wells for cultivation.

PART VIII

GENERAL PROVISIONS

90. Interference with cultivation rights of owner cultivator or occupier.

91. Right of owners of agricultural land not exceeding half an acre.

92. Action to be taken regarding stray animals.

93. Remuneration to employees.

94. Compulsory acquisition of agricultural land.

95. Regulations.

96. Penalty.

97. Agrarian Development Fund.

98. This Act to prevail over other written Law.

99. Repeal of Act No. 58 of 1979.

100. Sinhala text to prevail in case of inconsistency.

101. Interpretation.

SCHEDULE

46 of 2000,

46 of 2011.

AN ACT to provide for matters relating to landlords and tenant cultivators of paddy lands, for the utilisation of agricultural lands in accordance with agricultural policies; for the establishment of Agrarian Development Councils, to provide for the establishment of a land bank; to provide the establishment of Agrarian Tribunals, to provide for the repeal of the Agrarian Services Act, No. 58 of 1979, and for matters connected therewith or incidental thereto.

[Date of Commencement: 18th August, 2000]

1. Short title.

This Act may be cited as the Agrarian Development Act.

PART I

TENANT CULTIVATORS OF PADDY LANDS

[Part I(1A–1H) ins by s 2 of Act 46 of 2011.]

1A. Persons deemed to be tenant cultivators for the purposes of this Act.

A person being a citizen of Sri Lanka shall, from and after the date of the coming into operation of this Act, be deemed to be a tenant cultivator within the meaning and for the purposes of the principal enactment, if, at any time during the period commencing on the eighteenth day of August two thousand and ending on the day immediately preceding the date of the coming into operation of this Act—

(a) such person had cultivated an extent of paddy land under an agreement, whether written or oral, entered prior to, or on, the eighteenth day of August two thousand;

(b) such person, being in terms of the provisions of section 1D, a successor, of a tenant cultivator who is deceased or is permanently disabled, who had been evicted from the extent of paddy land which had previously been cultivated by such deceased or disabled tenant cultivator.

[S 1A ins by s 2 of Act 46 of 2011.]

1B. Procedure to be followed where possession of the extent of paddy land cannot be awarded to a person deemed to be a tenant cultivator.

(1) Where at any time during the period commencing on the eighteenth day of August two thousand and ending on the day immediately preceding the date of the coming into operation of this Act, the nature of the possession of any extent of paddy land specified in section 1A has changed by reason of any sale, transfer or upon any Order of any Court, no person shall, even though such person is deemed to be the tenant cultivator by virtue of the provisions of section 1A, be placed in possession of any such extent of paddy land or be given possession of any such extent:

Provided however, such tenant cultivator as is referred to above, may make an application in writing, in that behalf to the Commissioner-General of Agrarian Services setting out with documentary proof, the reason which prevents him from being placed in or given possession of the extent of paddy land of which he has been deemed to be the tenant cultivator. The Commissioner-General shall, after such inquiry as may be required in the circumstances and on consideration of the facts before him and upon summoning such person to make any further explanation as he considers necessary, make order that such person shall therefor be paid compensation in lieu of placing such person in or giving such person possession of the relevant extent of paddy land.

(2) Regulations shall be made specifying the criteria to be taken into account in making an order for the payment of compensation in terms of the above proviso and the basis on which the amount to be paid as compensation is to be determined.

[S 1B ins by s 2 of Act 46 of 2011.]

1C. Where the lessee of an extent of paddy land shall not be deemed to be a tenant cultivator.

Where a person who pursuant to a permit issued under the Land Development Ordinance—

(a) holds an extent of paddy land subject to the condition that such permit holder himself shall cultivate such extent of paddy land; and

(b) leases out such extent of paddy land to a person who cultivates such extent of paddy land,

the person so cultivating such extent of paddy land shall not be deemed to be a tenant cultivator within the meaning and for the purpose of the principal enactment.

[S 1C ins by s 2 of Act 46 of 2011.]

1D. Devolution of rights of tenant cultivators.

(1) The rights of a tenant cultivator under the principal enactment in respect of an extent of paddy land shall in the event of the death or permanent disability of such tenant cultivator, devolve on the surviving spouse of such tenant cultivator and failing such spouse, on only one of the children of such tenant cultivator:

Provided that in the latter instance, if there is more than one child, the child whose sole means of living is cultivation, shall be preferred to the others;

Provided further, if there is more than one child, whose sole means of living is cultivation, the oldest from amongst such children shall be preferred to the others.

(2) The rights of a tenant cultivator of an extent of paddy land which is cultivated, either jointly or in rotation with any other tenant cultivator, who dies or becomes permanently disabled, shall in relation to such extent, be devolved in accordance with the provisions of this section.

[S 1D ins by s 2 of Act 46 of 2011.]

1E. Nomination of a successor by a tenant cultivator.

(1) Notwithstanding the provisions of section 1D, any tenant cultivator, other than those who cultivate an extent of paddy land jointly or in rotation with any other tenant cultivator or cultivators, may nominate any member of his family as the successor who shall be entitled to succeed to the rights of such tenant cultivator under this Act in respect of the extent of paddy land he cultivates, in the event of his death or permanent disability.

(2) Any nomination of successor may at any time be cancelled by the tenant caltivator who made such nomination and a fresh nomination of a successor may be made by such tenant cultivator.

(3) The nomination of a successor and the cancellation of any such nomination shall be effected by a tenant cultivator in a document substantially in the prescribed form executed in duplicate and witnessed in the presence of the Government Agent or the Divisional Secretary or the Registrar of Lands or a Notary Public or a Justice of Peace, who is in charge of, or is engaged in, official duties in respect of the area within which the extent of paddy land relating to the nomination or cancellation, is situated.

(4) No stamp duty shall be charged or levied on the execution of a document specified in subsection (3).

(5) The original and the duplicate of the document executed in accordance with the provisions of subsection (3) shall be submitted for registration to the Commissioner-General by the respective officer referred to in subsection (3) in the presence of whom the document is executed. Any such document shall not be valid unless and until it has been duly registered by the Commissioner-General.

(6) The Commissioner-General shall return the original of the document submitted to him under subsection (5) after registration, to the tenant cultivator making the nomination or cancellation and keep the duplicate thereof, for the purpose of maintaining records. Such records shall be inspected by any person upon paying the prescribed fee.

(7) After the registration of a document specified under subsection (3) whereby a person is nominated as the successor to the rights of a tenant cultivator under this Act in respect of any extent of paddy land, a document specified in that subsection whereby any other person is nominated as the successor to those rights shall not be registered unless the nomination effected by the registered document has been duly cancelled by the registration of a document of cancellation. In one and the same document the registered nomination may be cancelled and another nomination in lieu thereof may be made. In that event the document in which such cancellation and nomination are combined may be registered and shall upon due registration operate both as a cancellation of the previously registered nomination and as the nomination of a new nominee.

(8) Where an application under subsection (3) of section 53 is made to the Commissioner-General, to amend an Agricultural Lands Register by entering the name of a new tenant cultivator therein, in the event of the death or permanent disability of a tenant cultivator, a document, if any, nominating a successor to the rights of the tenant cultivator under subsection (1), or cancelling any such nomination under subsection (2), shall be taken into account by the Commissioner-General and upon verifying the facts of the application, he shall make order to the Agrarian Development Council of the area within which the paddy land relating to such application is situated, to make entries required to include the name of the applicant as the new tenant cultivator of the relevant paddy land.

(9) Regulations shall be made prescribing the procedure for registration of a document specified under subsection (3), including the registers which shall be kept for maintaining records of the documents submitted to the Commissioner-General under this section.

(10) For the purposes of this section "member of the family” means the spouse or a son or a daughter of the tenant cultivator, whose main occupation is cultivation and whose only source of income is derived from the extent of paddy land cultivated by the tenant cultivator.

[S 1E ins by s 2 of Act 46 of 2011.]

1F. Where there is no successor.

(1) Where a tenant cultivator of any extent of paddy land dies or becomes permanently disabled, and if there is no successor in terms of the provisions of section 1D or 1E, to inherit the rights of such deceased or permanently disabled tenant cultivator, as the case may be, in respect of such extent, the landlord being the owner of such extent may, if he so desires, take possession of such extent of paddy land and cultivate the same as the owner cultivator of such extent:

Provided that prior to cultivating such land as the owner cultivator, the landlord shall give written notice to the Commissioner-General, of his intention so to cultivate such extent of paddy land as owner cultivator.

(2) If it is proved to the satisfaction of the Commissioner-General, that the tenant cultivator has died or has become permanently disabled and there is no successor of the family in terms of the provisions of section 1D or 1E, to inherit the rights of the deceased or of permanently disabled tenant cultivator, he shall permit the owner of such extent of paddy land to occupy and cultivate such extent as the owner cultivator thereof.

[S 1F ins by s 2 of Act 46 of 2011.]

1G. Person not entitled to rights of a deceased or permanently disabled tenant cultivator in respect of any extent of paddy land not to use or occupy same.

(1) Where the tenant cultivator of an extent of paddy land has died or has become permanently disabled, no person who is not entitled to the rights of a tenant cultivator in respect of such extent of paddy land shall occupy and use such extent of paddy land.

(2) Where a person uses or occupies an extent of paddy land in contravention of the provisions of subsection (1), the Commissioner-General shall in writing, order such person to vacate such extent, on or before such date as shall be specified in such order. If such person fails to comply with such order, he shall be evicted from the relevant extent of paddy land in accordance with the provisions of section 8.

[S 1G ins by s 2 of Act 46 of 2011.]

1H. Commissioner-General to determine disputes regarding devolution of rights of tenant cultivators.

(1) Where on the death or permanent disability of a tenant cultivator of any extent of paddy land, there is a dispute as to the person on whom the rights of such tenant cultivator under this Act should devolve, the parties to the dispute shall first refer such dispute to the Commissioner-General for determination, after having given written notice of such dispute to the Commissioner-General by registered post.

(2) On receipt of the notice under subsection (1), the Commissioner-General shall refer the dispute to an Agrarian Tribunal and direct such Tribunal to hold an inquiry for the purpose of determining the person on whom the rights of the deceased or permanently disabled tenant cultivator shall devolve.

(3) The determination of the Agrarian Tribunal shall be communicated by registered post to the Commissioner-General with copies to the parties to such dispute.

[S 1H ins by s 2 of Act 46 of 2011.]

PART IA

[Part 1A am by s 3 of Act 46 of 2011.]

RIGHTS OF tenant cultivators of paddy lands

2. Paddy lands cultivated by a tenant cultivator to be offered for sale to tenant cultivators.

(1) The owner of an extent of paddy land in respect of which there is a tenant cultivator, who intends to sell such extent, shall in the first instance make an offer to sell such extent to the tenant cultivator. Such offer shall be made to the tenant Cultivator by communication in writing, and sent by registered post, stating the price at which he offers to sell such extent. The owner shall cause a copy of such communication to be sent by registered post to the Agrarian Development Council within whose area of authority such paddy land is situated.

(2) If upon receipt of the communication under subsection (1) the tenant cultivator is willing to purchase such extent of paddy land at the price offered by the owner, he shall indicate his willingness to the owner and the Agrarian Development Council by communication in writing sent by registered post and the Council shall fix a period within which the transfer shall be completed.

(3) —

(a) Where the tenant cultivator is willing to purchase such extent of paddy land but states that the price offered by the owner is excessive, the Agrarian Development Council may in consultation with the owner determine a price which in its opinion is reasonable, having regard to the market value of paddy lands in the area and proceed to fix a period within which the transfer shall be completed.

(b) On the price being fixed, the tenant cultivator shall thereupon purchase such extent of paddy land either at the price offered by the owner or as determined by the Agrarian Development Council, as the case may be and shall complete the transfer within the period fixed.

(4) Where the Commissioner-General is satisfied, after inquiry that a tenant cultivator has failed and neglected to act in accordance with the provisions of subsection (2) or (3) the Commissioner-General shall take action to evict such tenant cultivator in accordance with the provisions of section 8.

(5) Any transfer by the owner of any extent of paddy land in contravention of the provisions of this section shall after inquiry be declared null and void by the
Commissioner-General and shall render the person in occupation of such extent under such transfer, liable to be evicted in accordance with the provisions of section 8.

(6) Where a transfer of any extent of paddy land is declared null and void by the Commissioner-General a copy of such declaration shall be transmitted under section 5 to the Registrar of Lands of the District in which such extent of paddy land is situated.

3. Transfer and cession of rights of tenant cultivator.

(1) A tenant cultivator of any extent of paddy land may after giving written notice of his intention to transfer or to cede his rights which intention shall be intimated to the Farmers' Organisation and the Agrarian Development Council within whose area of authority such extent is situate by registered post transfer or cede his rights in respect of such extent to the owner or landlord of such extent.

(2) Every transfer or cession under subsection (1) shall be notarially executed. A copy of the instrument of transfer or cession shall be forwarded by the landlord or owner of the extent of paddy land by registered post to the Farmers' Organisation and the Agrarian Development Council within whose area of authority such extent is situated.

(3) Any person who contravenes the provisions of subsection (1) or subsection (2) shall be guilty of an offence under this Act

4. Exemption of paddy lands owned by temple from tenant cultivators rights.

(1) The Viharadipathi or trustee of a temple may within twelve months of the enactment of this section make an application in writing to the Commissioner-General to have an extent of paddy land not exceeding two acres owned by such temple and being cultivated by tenant cultivators exempted from the application of section 1A.

(2) —

(a) The Commissioner-General shall thereupon cause an inquiry to be held in respect of that application and if there is a tenant cultivator in that extent of paddy land the Commissioner-General shall make order exempting such extent of paddy land from the application of the provisions of section 1A, only after affording such tenant cultivator an opportunity to make representations.

(b) The Commissioner-General shall in such order require the tenant cultivator or tenant cultivators to vacate the extent of paddy land on or before the date specified in the order.

(3) Where the tenant cultivator fails to vacate the extent of paddy land in compliance with such Order, he may be evicted therefrom in accordance with the provisions of section 8, provided that the Commissioner-General shall take action to evict such tenant cultivator only after any compensation payable to him under this section has been paid in full by the applicant.

(4) Where the tenant cultivator refuses to accept the compensation specified in the Order such compensation may be deposited with the Agrarian Development Council within whose area of authority such paddy land is situate. Any compensation so deposited on or before the specified date shall be deemed to have been accepted by the tenant cultivator, and that Agrarian Development Council shall, on the application of the tenant cultivator to whom such compensation is payable, make payment to him.

[S 4 am by s 4 of Act 46 of 2011.]

5. Order determining the maximum extent of paddy land.

(1) The maximum extent of paddy land that can be cultivated by a tenant cultivator shall be five acres. For the purposes of this section a paddy land which is cultivated by the spouse of a tenant cultivator or by a child of such tenant cultivator who is less than eighteen years of age shall be deemed to be a paddy land which is being cultivated by such tenant cultivator.

(2) The Minister may, subject to the provisions of subsection (1), by Order published in the Gazette, determine the extent of paddy land which can be cultivated by a tenant cultivator within any district to which such Order relates: Provided however, that, where the Commissioner-General is satisfied after holding a due inquiry that a tenant cultivator is also an owner cultivator of an extent, of paddy land which is not less than five acres in extent the Commissioner-General may declare that the tenant cultivator shall not be entitled to the rights to which a tenant cultivator is entitled under the provisions of this Act and accordingly the provisions of subsections (3) and (4) shall be applicable to such tenant cultivator.

(3) Where a tenant cultivator is in possession of an extent of paddy land which is greater in extent than the extent of paddy land which has been determined by an Order made under subsection (2), he shall be entitled to select the extent of paddy land which he is entitled to cultivate, and shall vacate the balance extent of paddy land on being ordered to do so by Commissioner-General.

(4) Where a tenant cultivator fails to comply with the provisions of subsection (3) he shall be evicted from the extent of paddy land in excess of the extent specified in the Order under subsection (2) and the provisions of section 8 shall apply to any such eviction.

(5) Where the tenant cultivator vacates such extent of paddy land the landlord shall be entitled to cultivate such extent of paddy land.

6. Repealed.

[S 6 rep by s 5 of Act 46 of 2011.]

7. Right of tenant cultivators; provision in regard to certain evicted tenants of paddy lands; and restriction of eviction of tenants of paddy lands.

(1) A tenant cultivator of any extent of paddy land shall have the right to occupy and use such extent in accordance with the provisions of this Act and shall not be evicted from such extent notwithstanding anything to the contrary in any oral or written agreement by which such extent has been let to such tenant cultivator, and no person shall interfere with the occupation and use of such extent by the tenant cultivator and the landlord shall not demand or receive from the tenant cultivator any rent in excess of the rent required by this Act, to be paid in respect of such extent to the landlord.

(2) Notwithstanding anything in any other written law the tenant cultivator of any extent of paddy land which is purchased by any person under the Partition Law, No. 21 of 1977, or which is allotted to a co-owner under a decree for partition shall be deemed to be the tenant cultivator of that extent of paddy land of such purchaser or such co-owner, as the case may be, and the provisions of this Act, shall apply accordingly.

(3) Where a tenant cultivator of any extent of paddy land notifies the Commissioner-General in writing that he has been evicted from such extent, the Commissioner-General shall refer the matter to the Agrarian Tribunal and direct the Tribunal to hold an inquiry for the purpose of deciding the question whether or not such person has been evicted.

(4) The notification referred to in subsection (3) shall be made within six months from the date of such eviction.

(5) If at the inquiry held by the Agrarian Tribunal, it is proved to the satisfaction of the Agrarian Tribunal that the tenant cultivator had been evicted from such extent, it shall be presumed, unless the contrary is proved, that such eviction had been made by, or at the instance of, the landlord.

(6) The landlord of the extent of paddy land and the person evicted shall be given an opportunity of being heard in person or through a representative, at an inquiry held by the respective Agrarian Tribunal. On the conclusion of the inquiry, the decision of the Agrarian Tribunal shall be communicated in writing by registered post to the Commissioner-General, the landlord and the person evicted.

[S 7(6) subs by s 6(1) of Act 46 of 2011.]

(6A) The landlord or the person evicted who is aggrieved by the decision of the Agrarian Tribunal may, within thirty days of the communication of the decision to him, appeal therefrom to the Board of Review established under section 42A either on a question of law or fact. Such appeal shall be submitted to the Commissioner-General within the time period allowed for such appeal and the Commissioner-General shall forthwith refer such appeal to the Panel appointed under subsection (1) of section 42A to be heard and concluded by a Board of Review established under the provisions of subsection (5) of section 42A.

[S 7(6A) ins by s 6(2) of Act 46 of 2011.]

(6B) The Board of Review established under subsection (5) of section 42A shall inquire into all appeals referred to such Board under subsection (6A) and inform the parties thereto and the Commissioner-General in writing by registerd post of its decision thereon.

[S 7(6B) ins by s 6(2) of Act 46 of 2011.]

(6C) The landlord or the person evicted who is aggrieved by the decision of the Board of Review may, within thirty days of the communication of the decision to him, appeal to the High Court of the Province against such decision on a question of law. A copy of the appeal shall be sent to the Commissioner-General by registered post at the time when the appeal is made.

[S 7(6C) ins by s 6(2) of Act 46 of 2011.]

(6D) Where no appeal is made against the decision of the Board of Review within the time allowed therefor, such decision shall be final.

[S 7(6D) ins by s 6(2) of Act 46 of 2011.]

(7) Where at any inquiry referred to in subsection (6B) the Board of Review decides that—

(a) eviction has taken place and no appeal has been made under subsection (6C) against such decision within the time allowed therefor or the High Court of the Province has, in an appeal made under subsection (6C) confirmed the decision of the Board of Review; or

(b) eviction has not been taken place and the High Court of the Province has, in an appeal made under subsection (6C), varied the decision of the Board of Review and confirmed the fact that eviction has in fact taken place,

then, in any one of the above situations—

(i) the person evicted shall be entitled to have the use and occupation of the extent of paddy land restored to him; and

(ii) the Commissioner-General shall on receipt of the decision of the Board of Review or the High Court of the Province, as the case may be, by an order in writing require all persons in occupation of the extent of paddy land in dispute to vacate such extent on or before such date as shall be specified in such order, and if such persons fail to comply with such order, they shall be evicted from such extent in accordance with the provisions of section 8; and

(iii) the landlord of such extent shall be required to pay damages at such rate as may be prescribed to the person mentioned in subparagraph (i), for each day during which such person in respect of whom an order has been made, continues to occupy such extent after the date specified in such order, unless the Board of Review or the High Court of the Province has determined that such person was evicted without the knowledge, consent or connivance of the landlord.

[S 7(7) subs by s 6(3) of Act 46 of 2011.]

(8) Where the landlord of the extent of paddy land falls or refuses to pay within fourteen days after demand, any sum which he is required to pay as damages under subsection (7) such sum may, on application made by the person evicted to the Magistrate's Court having jurisdiction over the place where such extent is situated, be recovered in like manner as a fine imposed by such Court notwithstanding that such sum may exceed the amount of the fine which that Court may in the exercise of its ordinary jurisdiction impose.

(9) For the purposes of subsection (8) an order made by the Commissioner-General that the sum specified in such order, as being due from the landlord, shall be proof that such sum is due.

(10) Where a person (hereafter in this subsection referred to as the "lessor”) lets any extent of paddy land to any other person (hereafter in this subsection referred to as the "lessee”; and the lessee does not become the tenant cultivator of such extent by reason of the fact that he is not the cultivator thereof, then if the lessee lets such extent to any person (hereafter in this subsection referred to as the "sub-tenant cultivator”) and the sub-tenant cultivator become the tenant cultivator of such extent by reason of his being the cultivator thereof, the subtenant's right as the tenant cultivator of such extent shall not be affected in any manner by the termination of the lease granted by the lessor to the lessee:

Provided, that the lessee shall not let such extent of paddy land to a sub-tenant cultivator unless he—

(a) obtains the consent in writing of the owner of such extent of paddy land; and

(b) thereafter notifies the Agrarian Development Council within whose area of authority such extent of paddy land wholly or mainly lies;

Provided further that where any extent of paddy land is let by a lessee to a sub-tenant cultivator without obtaining the consent in writing of the owner of such extent of paddy land such sub-tenant cultivator shall not be entitled to any of the rights of a tenant cultivator in respect of such extent of paddy land. The Commissioner-General, after inquiry, shall in writing order that the sub-tenant cultivator shall vacate such extent of paddy land on or before such date as shall be specified in that order and if such sub-tenant cultivator fails to comply with such order he shall be evicted from such extent in accordance with the provisions of section 8 and the landlord shall be entitled to cultivate such extent of paddy land.

(11) The rights of a tenant cultivator of any extent of paddy land shall not be affected in any manner by the sale (whether voluntary or in execution of a decree of Court), the transfer by gifts, testamentary disposition or by assignment, or by devolution under the law of inheritance, of the right, title and interest of the landlord of such extent.

(12) The rights of a tenant cultivator to occupy and use any extent of paddy land shall not be sequestered, seized or sold in execution of a decree or process of any court.

(13) Nothing in Chapter LXVI of the Civil Procedure Code (inserted in that Code by the Civil Procedure Code (Amendment) Act, No. 79 of 1988) shall be read or construed as empowering a Judge of the Small Claims Court to hold an inquiry or make any Order under the aforesaid Chapter in respect of a dispute affecting paddy lands within the meaning of this Act.

(14) If any person directly or indirectly makes use of or threatens to make use of, force, violence or restraint, or inflicts or threatens to inflict, any harm, damage or loss upon or against a tenant cultivator of any extent of paddy land in order to induce, compel or prevail upon that tenant cultivator to refrain from exercising any right or privilege conferred upon him by or under this Act, such person shall be deemed to interfere in the occupation and use of such extent by that tenant cultivator.

(15) Any person who contravenes the provisions of this section shall be guilty of an offence under this Act, and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding five thousand rupees.

8. Procedure for eviction.

(1) Where any person who has been ordered under this Act, by the Commissioner-General to vacate any extent of agricultural land, fails to comply with such order, the Commissioner-General or any other person authorised in that behalf by the Commissioner-General may present to the Magistrate's Court within whose local jurisdiction such extent wholly or mainly lies, a written report—

(a) setting out the nature of such order and the person to whom it was issued, describing the extent of land to which such order relates;

(b) stating that the person who has been ordered to vacate has failed to so vacate such extent of land; and

(c) praying for an order to evict such person and all other persons in occupation of such extent of land from such extent, and stating the name of the person to whom delivery of possession of such extent should be made.

(2) Where a written report is presented to a Magistrate's Court under subsection (1), such court shall direct the Fiscal or peace officer to forthwith evict the person specified in such report and all other persons in occupation of the extent of agricultural land specified in the order and to deliver possession of such extent to the person mentioned in such report as the person to whom delivery of possession of such extent should be made.

(3) The Fiscal or peace officer entrusted with the execution of the order of eviction shall comply with the directions of the Magistrate's Court by which such order was made and shall make a due return setting out the manner in which he executed such order.

(4) In executing an order of eviction the Fiscal or the peace officer or any person authorised by either of them may use such force as may be necessary to enter the extent of agricultural land to which the order relates and evict any person bound by the order and to deliver possession of such extent in accordance with the direction of the Magistrate's Court which issued the order.

(5) Any person who unlawfully dispossesses any person who has been placed in possession of an extent of agricultural land by the Fiscal under subsection (3) shall be guilty of an offence under this Act. A certificate by the
Commissioner-General that any person has been so dispossessed shall be evidence of that fact.

(6) Upon conviction for an offence under subsection (5) the Magistrate shall direct the Fiscal to place the person who has been unlawfully dispossessed from such extent, in possession of such extent by evicting any person in occupation of such extent.

9. Rent to be determined by the Commissioner-General.

(1) The Commissioner-General shall by notification published in the Gazette determine from time to time in accordance with the provisions of this section, the rent to be paid by the tenant cultivator of any extent of paddy land.

(2) A determination under subsection (1) shall specify the number of bushels of paddy, not less than ten, in respect of each cultivated acre of any extent of paddy land in any region to which such determination applies or a portion, not less than one quarter of the total yield of the paddy from that extent reduced by the amount of any charge which may be imposed under this Act, whichever is greater, as the rent payable for that extent, for each paddy cultivation season.

(3) The rent determined under subsection (1) may be varied in respect of different administrative districts or in respect of different parts of any administrative district.

(4) Where the rent determined under subsection (1) is computed on the basis of a specified number of bushels or kilo's of paddy for each cultivated acre, the rent for any cultivated area of less than one acre shall be computed in the proportion that such area bears to one acre.

(5) The rent payable for any extent of paddy land shall for each paddy cultivation season, consist of—

(a) the quantity of paddy computed for that extent in accordance with such determination in force under the provisions of this section as is applicable to paddy lands of the administrative district or part thereof in which that extent lies; or

(b) the equivalent in money of the rent payable in paddy under paragraph (a) of this subsection computed according to the price fixed for the time being for paddy of the same description as the paddy from that extent in accordance with the provisions of this Act.

(6) Where the Commissioner-General is satisfied after inquiry that the tenant cultivator of any extent of paddy land has wilfully neglected the cultivation of such extent during any paddy cultivation season in which cultivation was possible, or has without reasonable cause, committed during any paddy cultivation season a breach of any established custom relating to cultivation, the Commissioner-General may order that the rent for such season payable in paddy under the profusions of this Act in respect of such extent shall be computed on such basis as is specified by the Commissioner-General and according to the rent in paddy so computed, the rent in money shall be computed.

(7) Where the cultivation of the extent of paddy land of a tenant cultivator is a partial failure during any paddy cultivation season for any cause other than his fault or neglect, the rent payable by him in such season in respect of such extent shall be reduced by such reasonable amount as shall be determined by the Commissioner-General.

(8) Where any dispute arises between the tenant cultivator of any extent of paddy land and his landlord as to the amount of the rent payable in respect of such extent under the determination made under subsection (1), such dispute may be referred for decision to the Commissioner-General. The decision of the Commissioner-General on such dispute shall be communicated in writing and be sent by registered post to such tenant cultivator and to his landlord and such decision on any such dispute shall be final.

10. Consequence of failure by tenant cultivator to pay rent.

When the landlord informs the Commissioner-General that the tenant cultivator is in arrears of rent in respect of an extent of paddy land the Commissioner-General shall cause the Agrarian Tribunal to hold an inquiry into such matter. Where the Agrarian Tribunal determines after such inquiry that the rent is in arrears and the amount in writing to the tenant cultivator the landlord and the Commissioner-General.

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