CROWN LANDS ordinance

Arrangement of Sections

1. Short title.

PART I

GRANTS, LEASES, AND OTHER DISPOSITIONS OF CROWN LAND

2. Grants, leases, and other dispositions of Crown land.

3. Surrender of land comprised in instrument of disposition.

4. Surrender and subdivision.

5. Exchange of Crown land for private land.

6. Special grants and leases.

7. Surrender of special grants and leases.

8. Execution and contents of instruments of disposition.

9. Survey of land to precede issue of grant or long-term lease.

10. Reservation of minerals.

11. Covenants and conditions to run with the land.

12. Minor bound by covenants and conditions of instrument executed in his favour.

13. Power of Governor-General to fix, revise or remit payments due to the Crown.

14. Power of Governor-General to mitigate, conditions in leases.

15. Power of Governor-General to grant extension of time for performance of covenants.

16. Permits and licences may be personal to grantees thereof.

17. Cancellation of permits or licences.

18. No legal claim for compensation to be founded on cancellation of permit or licence.

19. Dispositions executed by grantee contrary to provisions in instrument of disposition are void.

20. Rectification of errors, in instruments of disposition.

PART II

EXECUTION, AUTHENTICATION AND REGISTRATION OF INSTRUMENTS OF DISPOSITION

21. Use of the Public Seal of the Island.

22. Execution of instruments of disposition.

23. Authentication of instruments required to be signed by the Governor-General.

24. Authentication of copies of instruments signed by the Governor-General.

25. Penalty for unlawful possession or use of stamp of Governor-General's signature.

26. Registration of grants and leases.

PART III

VESTING ORDERS AND VESTED LAND

27. Vesting orders.

28. Vesting orders in favour of authorities which are not corporations in law.

29. Title of Crown unaffected by vesting orders.

30. Revocation of vesting order.

31. No compensation payable upon revocation of vesting order

32. Surrender of vested lands.

33. Effect of revocation of vesting order or surrender of vested land.

34. Written law enacted for protection of Crown lands to apply equally to lands vested in a local authority.

35. Survey of Crown land vested in a local authority on requisition of Land Commissioner.

36. Part III not to apply to land acquired under the Land Acquisition Ordinance or Act and thereafter vested in any authority.

37. Village Committees to furnish schedules of Crown lands claimed to be vested under section 31 of Village Communities Ordinance.

PART IV

CROWN LANDS VESTED IN VILLAGE COMMITTEES

38. Recommendation of Government Agent on claim preferred and notification thereof to Village Committee.

39. Appeal to Minister.

40. Powers of Minister on appeal.

41. Procedure where Minister desires further evidence or information.

42. Decision of Minister to be submitted to Governor-General for confirmation.

43. Where no appeal, recommendation of Government Agent to be submitted to Governor-General for confirmation.

44. Governor-General's order on all claims to be final and conclusive.

45. Vesting orders to be issued on establishment of claim of Village Committee.

46. Failure to claim Crown land is presumptive proof that such land is not vested under section 31 of Village Communities Ordinance.

PART V

SPECIAL LEASES BY LOCAL AUTHORITIES OF LANDS VESTED IN SUCH AUTHORITIES

47. Special leases by-local authorities of lands vested in such authorities.

48. Cancellation of Karaiyur slum area leases and provision for issue of new leases.

PART VI

RESERVATIONS

49. Constitution of Crown reservations.

50. Crown reservations for public streams.

51. Cancellation of Crown reservations.

52. Title to Crown reservations cannot be acquired by possession or user.

53. Crown not liable to pay compensation for improvements effected on reservations after commencement of Ordinance.

54. Summary ejectment of offenders in unlawful possession of Crown reservations.

PART VII

ROAD RESERVATIONS

55. Road reservations.

56. Cancellation of road reservations.

57. Lease of road reservations.

PART VIII

THE FORESHORE

58. Administration of foreshore vested in the Crown.

59. Regulation of user of foreshore.

60. Government authorised to construct works on foreshore.

61. Power to lease foreshore and sea-bed.

62. Power to issue permits for temporary occupation of foreshore and sea-bed.

63. Power to declare area from which sea sand, may not be removed.

64. Power of Government Agent to prohibit removal of sand, from any particular place on foreshore.

65. Penalty for unlawful removal of sand from foreshore.

66. Meaning of "removal of sand”.

67. Appeals to the Minister.

68. Proclamations and prohibitions issued under Seashore Protection Ordinance deemed to be in force under this Ordinance.

69. Saving as to rights to foreshore.

PART IX

REGULATION AND CONTROL OF THE USE OF THE WATER OF LAKES AND PUBLIC STREAMS

70. Interpretation of Part IX.

71. Tanks may be declared as lakes.

72. Right of Crown in waters of public lakes and streams.

73. Restrictions to right of the Crown.

74. Compensation for extinction of prescriptive right to use water in public lake or public stream.

75. Rights of riparian proprietors.

76. Crown is owner of bed of public lake or stream.

77. Permits to divert Water and construct works and bridges.

78. Matters to be taken into account in considering an application for a permit under section 77.

79. Advisory-board.

80. Communication of Government Agent's decision to applicant for permit

81. Right of aggrieved applicant to appeal to District Court.

82. Validation of previous licences.

83. Penalty for unlawful diversion of water of public lake or stream.

84. Cancellation of permits.

PART X

RECOVERY OF PAYMENTS DUE TO THE CROWN AND CANCELLATION OF INSTRUMENTS OF DISPOSITION

85. Certificate of Government Agent.

86. Application of summary procedure for recovery of moneys due to Crown, under instruments of disposition.

87. Cancellation of instruments of disposition for nonpayment of moneys due to the Crown.

88. Notice to issue on party in occupation to vacate land.

89. Ejectment where occupant fails to vacate land.

90. Application of Part X to all instruments of disposition.

PART XI

ADMINISTRATION

91. Administration of Ordinance.

92. Powers of Land Commissioner.

93. Appointment of officers and servants.

94. All officers, to be public servants.

PART XII

REGULATIONS

95. Regulations.

96. Matters which may be provided for by regulation.

97. Offences under regulations.

98. Regulations must be approved by Senate and the House of Representatives.

99. Regulations to have statutory-force.

PART XIII

MISCELLANEOUS

100. Power of Governor-General to take lands on lease.

101. Disposition of Crown land over 5,000 feet in elevation.

102. Title to public roads, vested in the Crown.

103. No prescriptive title to land settled.

104. Power of Governor-General to accept donations.

105. Delegation of Governor-General's powers.

106. Covenants in instruments of disposition to bind minor if it is executed with assistance of curator.

107. Government Agents authorised to appoint curators.

108. Alluvial and other accretions.

109. Power to inspect Crown lands after disposition.

PART XIV

INTERPRETATION AND SAVINGS

110. Interpretation.

111. Savings.

SCHEDULES

8 of 1947,

13 of 1949.

AN ORDINANCE to make provision for the grant and disposition of crown lands in Ceylon; for the management and control of such lands and the foreshore; for the regulation of the use of the water of lakes and public streams; and for other matters incidental to or connected with the matters aforesaid.

[Date of Commencement: 1st September, 1949]

1. Short title.

This Ordinance may be cited as the Crown Lands Ordinance.

PART I

GRANTS, LEASES, AND OTHER DISPOSITIONS OF CROWN LAND

2. Grants, leases, and other dispositions of Crown land.

Subject to the provisions of this Ordinance and of the regulations made thereunder, the Governor-General may in the name and on behalf of Her Majesty—

(1) make absolute or provisional grants of Crown land.

(2) 1sell, lease or otherwise dispose of Crown land.

(3) 1enter into agreements for the sale, lease or other disposition of Crown land.

(4) 1issue permits for the occupation of Crown land.

(5) 1issue licences to take or obtain any substance or thing found in Crown land.

(6) 1sell or lease the right to mine or gem in any Crown land or in any land which has been disposed of by the Crown with a reservation of mining rights in favour of the Crown.

3. Surrender of land comprised in instrument of disposition.

The Governor-General1 may, in the name and on behalf of Her Majesty, accept the surrender of any land comprised in any instrument of disposition upon such terms and conditions as he may think fit or as may be prescribed.

4. Surrender and subdivision.

(1) Where the owner of any land comprised in a Crown grant is desirous of dividing or partitioning such land, he may apply to the Governor-General1 to accept the surrender of such grant and to regrant the land comprised therein in parcels.

(2) If the lessee of any land leased by the Crown is desirous of dividing or partitioning such land, he may apply to the Governor-General1 to accept the surrender of such lease and to lease such land in parcels.

(3) The Governor-General if satisfied with the title of the applicant under subsection (1) or subsection (2) and on payment by the applicant of all the costs and expenses of, or consequent on, such application, may accept the surrender of such grant or lease and may issue in lieu thereof to the applicant a Crown grant or lease, as the case may be, of the said land in such parcels as the applicant desires; and where more persons than one are joint owners or joint lessees of any land for the division or partition of which an application is made under this section, a grant or lease issued in lieu of a grant or lease surrendered may dispose of any parcel of the land surrendered to any one or more of such joint owners or joint lessees.

(4) No such division or partition shall be allowed unless all moneys, if any, due under the original grant or lease have been paid in full.

5. Exchange of Crown land for private land.

The Governor-General may, subject to such terms and conditions as he may deem fit, dispose of Crown land to any person in exchange for any land surrendered or conveyed by such person to Her Majesty.

6. Special grants and leases.

(1) A special grant or lease of Crown land may be made at a nominal price or rent or gratuitously for any charitable, educational, philanthropic, religious or scientific purpose, or for any other purpose which the Governor-General may approve.

(2) Every special grant or lease shall be substantially in the prescribed form and shall state that the title to the land conveyed thereby shall revert to the Crown if the land is not used for the purpose for which it was granted or leased or if it is applied to any other purpose.

(3) Upon proof that any land described in any special grant or lease has ceased to be used for the purpose for which it was granted or leased or has been applied to any other purpose or that there has been a failure to comply with any condition or to observe any covenant of the grant or lease, the Crown shall be entitled, upon application to a court of competent jurisdiction, to a decree cancelling the grant or lease and declaring the land to be vested in the Crown, free from all encumbrances, and the Crown shall not be liable to pay to any person any sum by way of compensation for improvements effected on the land subsequent to the date of the special grant or lease.

7. Surrender of special grants and leases.

Notwithstanding anything in any law other than this Ordinance, where any land has been disposed of either before or after the commencement of this Ordinance for any purpose authorised under section 6(1), such land may, in such cases and subject to such conditions as may be approved by the Governor-General1, be surrendered to the Crown by the grantee or lessee or other person for the time being entitled to the possession and management of such land, and where such grantee or lessee or other person entitled to such possession or management cannot be found or ascertained, a court of competent jurisdiction may, on the application of the Attorney-General and after such inquiry as the court deems fit, by order authorise any suitable person to execute the instrument of surrender, and upon the execution of any such instrument by such grantee or lessee or other person entitled to the possession and management of such land, or by any person so authorised, the land so surrendered shall vest in the Crown free from all encumbrances.

8. Execution and contents of instruments of disposition.

(1) Every disposition of Crown land under this Ordinance must be effected by an instrument of disposition executed in such manner as may be prescribed.

(2) Regulations may be made prescribing the conditions which may be attached to dispositions of Crown land. No such condition shall be deemed to be attached to any disposition of Crown land unless that condition is inserted in the instrument of disposition relating to that land.

9. Survey of land to precede issue of grant or long-term lease.

No Crown grant and no instrument of disposition whereby Crown land is leased for any term exceeding such period as may be prescribed shall be issued under this Ordinance unless and until that land has been surveyed and demarcated to the satisfaction of the Land Commissioner.

10. Reservation of minerals.

No disposition of Crown land made under this Ordinance shall be deemed to confer any right to any mineral, mineral product or mineral oil in, under, or upon such Crown land unless otherwise expressly provided, in the instrument of disposition, and, save as so expressly provided, all such minerals, mineral products and mineral oils shall, notwithstanding any such disposition, be deemed to remain, and shall remain, the absolute property of Her Majesty.

11. Covenants and conditions to run with the land.

Where the rights under any instrument of disposition are not personal to the grantee but may be assigned by act inter vivos or may pass on his death to his heirs or devisees, the burden of any covenants or conditions inserted in such instrument shall run with the land and shall be binding upon the grantee and upon all persons claiming that land through, from or under the grantee.

12. Minor bound by covenants and conditions of instrument executed in his favour.

The grantee under any instrument of disposition shall be bound by any covenant or condition inserted therein notwithstanding the fact that he was a minor on the date of the execution of the instrument or that he. or any person on his behalf, did not sign the instrument or subscribe to such covenants and conditions.

13. Power of Governor-General to fix, revise or remit payments due to the Crown.

The Governor-General1 may fix the payments to be made to or recovered by the Crown, either generally in any class of dispositions or specially in respect of any particular disposition, whether by way of price, rent, royalty or otherwise, and may, subject to the covenants and conditions set out in the instrument relating to any such disposition, remit, revise or waive any such payments.

14. Power of Governor-General to mitigate, conditions in leases.

The Governor-General1 may at any time mitigate or release any of the terms, covenants and conditions set out in any lease, permit or licence issued under this Ordinance and may at any time by agreement with the grantee vary or modify any such terms, covenants or conditions.

15. Power of Governor-General to grant extension of time for performance of covenants.

Unless otherwise provided in the instrument of disposition, the Governor-General1 may extend the time allowed to the grantee for the performance of any act, condition or covenants set out in the instrument of disposition, for such period and upon such terms as he may think fit to impose, and the period so extended and the terms so imposed shall be deemed to be inserted in the instrument of disposition and shall have the same force and effect as a covenant or condition thereof.

16. Permits and licences may be personal to grantees thereof.

(1) Where it is provided in any permit or licence that such permit or licence is personal to the grantee thereof, all rights under such permit or licence shall be finally determined by the death of such grantee.

(2) Where it is provided in any permit or licence that such permit or licence shall be personal to the grantee thereof, the land in respect of which such permit or licence was issued and all improvements effected thereon shall, on the death of the grantee, be the property of the Crown, and no person claiming through, from or under the grantee shall have any interest in such land or be entitled to any compensation for any such improvements.

17. Cancellation of permits or licences.

(1) Where a Government Agent is of opinion that the grantee of any permit or licence has failed to observe any condition attached to any such permit or licence, he may cancel such permit or licence and eject the grantee in accordance with the procedure prescribed in sections 106 to 128 of the Land Development Ordinance which shall apply accordingly as though the grantee of a permit or licence under this Ordinance were a permit-holder under that Ordinance and as though the land which is the subject-matter of a permit or licence under this Ordinance were land alienated by a permit issued under that Ordinance:

Provided that any matter or form required by the Land Development Ordinance to be prescribed in connection with the cancellation of a permit under that Ordinance shall, for the purpose of the application of that Ordinance to the cancellation of a permit or licence under this Ordinance, be prescribed under this Ordinance,

(2) Where a permit or licence is cancelled under subsection (1), all rights of the grantee under such permit or licence shall cease and be finally determined.

18. No legal claim for compensation to be founded on cancellation of permit or licence.

Neither the grantee nor any other person shall be entitled to any compensation or damages whatsoever by reason of the cancellation of a permit or licence under section 17, and no claim for compensation or damages shall in any such case be entertained by any court:

Provided that nothing herein contained shall preclude the gratuitous payment of compensation in any such case.

19. Dispositions executed by grantee contrary to provisions in instrument of disposition are void.

Where in any instrument of disposition issued or executed either before or after the commencement of this Ordinance it is provided that any disposition of the land comprised in such instrument shall not be effected by the grantee without the prior consent or sanction of the Governor or Governor-General (as the case may be) or of any specified officer of Government, any disposition executed by the grantee without such consent or sanction shall be void and inoperative for all purposes.

20. Rectification of errors, in instruments of disposition.

Where it appears to a prescribed officer that any instrument of disposition (whether executed before or after the commencement of this Ordinance) contains any clerical or other error or requires amendment in respect of the description of the land comprised therein or in respect of the inscription or recital of the name or designation of the grantee or of any other material fact, such error may be rectified or such amendment may be made by an indorsement on such instrument of disposition signed by such prescribed officer and the grantee, and any indorsement so signed shall be sufficient for all purposes to rectify the error or to effect the amendment; and the instrument on which any such indorsement is made shall have effect as though it had been originally issued or executed as so rectified or amended.

PART II

EXECUTION, AUTHENTICATION AND REGISTRATION OF INSTRUMENTS OF DISPOSITION

21. Use of the Public Seal of the Island.

An instrument of disposition need not be issued under the Public Seal of the Island except in such cases and in such circumstances as may be prescribed.

22. Execution of instruments of disposition.

Every instrument of disposition whereby any Crown land is granted or sold, or leased for a term exceeding the prescribed period, shall be signed and executed by the Governor-General. Every other instrument of disposition shall be signed and executed by the prescribed officer.

23. Authentication of instruments required to be signed by the Governor-General.

(1) The Governor-General may, if he thinks fit, instead of signing the original of any instrument of disposition, cause a facsimile of his signature to be stamped thereon, and any instrument so stamped shall be deemed to be signed by the Governor-General.

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