SERVICE TENURES ORDINANCE

Arrangement of Sections

1. Short title.

2. Interpretation.

PART I

DEPARTMENT AND OFFICERS

3. Power to appoint commissioners to carry this Ordinance into effect. Clerks and other ministerial officers. Any one commissioner competent to act.

4. Oath.

5. Commissioner not to be purchaser of land.

6. Proceedings of commissioners to be with open doors.

PART II

INVESTIGATION AND SETTLEMENT OF CLAIMS

7. Commissioners to call upon headmen and temple and nindagama proprietors for lists of panguwas held by them.

8. Notice by commissioners that they will inquire into claims, and calling upon all parties interested to appear. Personal notice.

9. Commissioners to inquire into claims.

10. Registries of claims.

11. Inspection and certified copies.

12. Joinder of all the proprietors and holders not necessary.

13. Commissioners may limit time and area within which service is to be rendered.

PART III

COMMUTATION

14. Application to commute to be made to commissioners pending commission or to the Government Agent at close of commission.

15. The commissioners or Government Agent to ascertain summarily whether all nilakarayas have joined, and the value of the services. Order to commute and for the sum named shall be final. Commuted dues to be thenceforth deemed head rent.

16. Entry of commutation in registries. Inspection of entries and certified copies of registries.

17. Provision for the payment of tithe to Government, where such tithe is due for any pangu commuted.

PART IV

GENERAL PROVISIONS

18. Commissioners, and Government Agent to be guided by equity, and not bound by the strict rules of law, and may examine the parties on oath.

19. Commissioners,to have powers to summon witnesses. Penalty for not obeying the summons.

20. Evidence to be reduced to writing, and signed. Persons swearing falsely to be deemed guilty of giving false evidence.

21. Notices how published.

22. Adjournments.

23. Aggrieved persons may apply to the Governor-General for relief.

24. Arrears of personal services prescribed in a year. Arrears of commuted dues in two years. If no services rendered or commutation paid for ten years, right to claim services or dues lost forever.

25. Remedy of proprietor against tenant neglecting to render services, or to pay commutation

4 of 1870.

AN ORDINANCE to define the services due by the "Praveni” tenant of "wiharagama”, "Dewalagama”, and "nindagama” lands, and to provide for the commutation of those services.

[Date of Commencement: 1st February, 1870]

1. Short title.

This Ordinance may be cited as the Service Tenures Ordinance.

2. Interpretation.

The following words and expressions in this Ordinance shall have the meaning hereby assigned to them, unless there be something in the subject or context repugnant to such construction—

"Government Agent” shall mean the Government Agent of the administrative district to which the village or villages thereof in which services are to be defined under this Ordinance may belong;

"maruwena nilakaraya” shall mean the tenant at will of a maruwena pangu;

"maruwena pangu” shall mean an allotment or share of land in a temple or nindagama village held by one or more tenants at will;

"nindagama proprietor” shall mean any proprietor of nindagama entitled to demand services from any praveni nilakaraya or maruwena nilakaraya, for and in respect of a praveni pangu or maruwena pangu held by him;

"praveni nilakaraya” shall mean the holder of a praveni pangu in perpetuity, subject to the performance of certain services to the temple or nindagama proprietor;

"praveni pangu” shall mean an allotment or share of land in a temple or nindagama village held in perpetuity by one or more holders, subject to the performance of certain services to the temple or nindagama proprietor;

"temple” shall include wihara and dewala;

"wiharagama proprietor” or ”dewalagama proprietor” shall include the officer of any wihara or dewala respectively entitled to demand services from any praveni nilakaraya or maruwena nilakaraya, for and in respect of a praveni pangu or maruwena pangu held by him.

PART I

DEPARTMENT AND OFFICERS

3. Power to appoint commissioners to carry this Ordinance into effect. Clerks and other ministerial officers. Any one commissioner competent to act.

There may be appointed a commissioner, or commissioners not exceeding three in number for each district specified in such appointment, for carrying into effect the provisions of this Ordinance, and for executing the several powers hereby conferred upon him or them, and such clerks or other ministerial officers as may appear necessary, The powers and duties hereby conferred and imposed upon the commissioners may be exercised and performed by any one of them.

4. Oath.

Every such commissioner shall, before proceeding to execute any of the powers and duties hereby conferred and imposed upon him, take and subscribe the oath of allegiance and the official oath.

5. Commissioner not to be purchaser of land.

No such commissioner, clerk, or other officer shall be capable whilst such commission is being held, of being a purchaser, either in his own name or in the name or names of any other person, of any lands belonging to any temple or nindagama proprietor or praveni pangukaraya.

6. Proceedings of commissioners to be with open doors.

The proceedings of the commissioners in the investigation of any claims and in the settlement of any disputes in virtue of the provisions of this Ordinance shall be carried on, and the decisions and orders of such commissioners shall be reduced to writing and shall be pronounced and declared, with open doors.

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