SPECIAL AREAS (COLOMBO) DEVELOPMENT ORDINANCE

Arrangement of Sections

1. Short title.

PART I

COMPULSORY ACQUISITION OF SPECIAL AREAS

2. Declaration of special areas.

3. Government Agent to take order for the acquisition of land in special.

4. Powers of the Government Agent.

5. Land Acquisition Act to apply subject to certain exceptions.

6. Determination of compensation under Defence (Compensation) Regulations.

7. Power of Government Agent to take and retain possession of lands.

7A. Payment of compensation under the Defence (Compensation) Regulations 1941 in respect of lands in special areas.

POSTPONEMENT OF AND EXEMPTION FROM COMPULSORY ACQUISITION

8. Postponement.

9. Exclusion of claims for compensation for improvements.

10. Exemptions from compulsory acquisition.

11. Condition of exemption from compulsory acquisition.

PART II

PREPARATION AND EXECUTION OF DEVELOPMENT SCHEMES

12. Preparation of development schemes.

13. Contents of development schemes.

14. Modification or suspension of other written law.

15. Notice of completion of preparation of draft development scheme and inspection of scheme.

16. Sanction of development scheme by Minister.

17. Approval of development scheme by Parliament.

18. Coming into operation of development schemes.

19. Execution of development schemes by executive authorities.

20. Execution of development schemes by owners of lands.

21. Conditions relating to the exercise of the powers conferred by section 19 and 20.

PART III

VESTING AND DISPOSAL OF LANDS

22. Land acquired under this ordinance to be vested in board.

23. Vesting of roads in the board.

24. Sale or lease of lands by the board.

25. Conditions of sale or lease of lands by the board.

26. Power of board to enter land sold or leased.

27. Roads to vest in Council.

PART IV

BETTERMENT CONTRIBUTIONS

28. Power to recover betterment contributions.

29. Appeal against levy of betterment contribution.

30. Payment of betterment contribution.

PART V

ESTABLISHMENT OF THE COLOMBO SPECIAL AREAS DEVELOPMENT BOARD

31. Establishment of Colombo Special Areas Development Board.

32. Objects of the board.

33. Common seal of the board.

34. Constitution of the board.

35. Chairman and deputy chairman of board.

36. Quorum.

37. Board to regulate its own procedure.

38. Minutes of meetings.

39. Vacation of office of nominated member.

40. Casual vacancies among nominated members.

41. Acting appointment in case of nominated member unable to discharge his duties owing to illness.

42. Remuneration of members.

STAFF OF THE BOARD

43. Staff of the board.

44. Delegation by board of powers to its officers.

44A. Rules relating to provident fund and grant of gratuities.

FUND OF THE BOARD

45. Establishment of fund.

ACCOUNTS AND AUDIT

46. Accounts of the board.

47. Profit and loss account and balance sheet for each year.

48. Report of the members.

49. Audit of accounts.

50. Auditor's report.

51. Powers of auditor.

52. Annual accounts with reports of members and auditor to be transmitted to Minister.

53. Publication of accounts.

PART VI

SUPPLEMENTARY PROVISIONS, REGULATIONS

54. Returns information.

55. Service of notices.

56. Authentication of documents served or issued by board.

57. Regulations.

58. Dissolution of board.

59. Offences.

60. Offences by officers of board.

61. Penalty for offences.

62. No proceedings except with written sanction of the board.

63. Order by court for demolition of any work.

64. Disposal of fines.

65. Interpretation.

SCHEDULES

40 of 1947,

9 of 1950,

4 of 1951,

41 of 1952,

16 of 1954,

22 of 1955,

56 of 1961.

AN ORDINANCE to enable the compulsory acquisition and re-development of areas in Colombo consisting wholly or partly of lands on which demolition operations have been carried out under emergency powers; to establish and incorporate a board with power to carry out or to supervise and regulate the redevelopment of such areas; and to provide for matters connected with or incidental to the matters aforesaid.

[Date of Commencement: 1st October, 1947]

1. Short title.

This Ordinance may be cited as the Special Areas (Colombo) Development Ordinance.

PART I

COMPULSORY ACQUISITION OF SPECIAL AREAS

2. Declaration of special areas.

(1) Where the Minister is satisfied any area within the town of Colombo, consisting of one or more lands on which demolition operations have been carried out under emergency powers or of one or more such lands together with any road or roads adjacent thereto and any other land or lands contiguous to any such land or any such road, should, in the interests of the public health or safety or of the amenities of the neighborhood, be laid out and developed afresh, he may, by Order published in the Gazette, declare the area to be a special area for the purposes of this Ordinance.

(2) An Order declaring a special area under this section may define the area by setting out the assessment number or the metes and bounds of the land or each of the lands comprised in the area.

3. Government Agent to take order for the acquisition of land in special.

(1) Where any area within the town of Colombo is declared to be a special area by Order published in the Gazette under section 2, the land or every land comprised in that area shall be deemed to be land needed for a public purpose and be liable to compulsory acquisition; and accordingly the Government Agent shall—

(a) forthwith take order for the acquisition of the land or each of the lands in that special area on which demolition operations have been carried out under emergency powers; and

(b) save as otherwise expressly provided by section 8, upon the expiry of a period of three months after the date of the publication of such Order, take order for the acquisition of any other land in that special area.

(2) Nothing in the preceding provisions of this section shall apply to any land which forms a road or a portion of a road vested in the Council.

4. Powers of the Government Agent.

(1) Where the Government Agent considers that it is necessary for the purposes of section 3 that an inspection, examination or survey should be made of any land situated within the limits of any special area, it shall be lawful for the Government Agent or any person acting under the written authority of the Government Agent, together with such servants and workmen as may be necessary, to enter upon and to survey and take levels of that land or of any land in the same locality, to mark the levels and boundaries of that land, and to do all such other acts as may be necessary for the purposes of such inspection, examination or survey: Provided, however, that no person shall enter or do any act upon any land in pursuance of the powers conferred by the preceding provisions of this section except with the consent of the owner or occupier of that land, or after giving to such owner or occupier, not less than seven days' notice of his intention to enter that land or to do such act thereon.

(2) The Government Agent may, for the purposes of section 3, cause a notice to be served on any person requiring that person to furnish before a specified date such returns or information relating to the title of that person to any land situated within the limits of any special area or to such other matters affecting such land as may be within the knowledge of that person.

5. Land Acquisition Act to apply subject to certain exceptions.

(1) Where the Government Agent is required by this Ordinance to take order for the acquisition of any land, the provisions of the Land Acquisition Act, subject to the exceptions, substitutions and modifications set out in the First Schedule to this Ordinance, shall apply for the purposes of such acquisition; and any sum of money which may, under this Ordinance or under such provisions, be required to be paid or deposited by the Government Agent or by the Government by way of rent, compensation, costs or otherwise, shall be paid out of funds provided for the purpose by Parliament.

(2) The Land Acquisition (War Purposes) (Assessment of Compensation) Ordinance, No. 21 of 1944, shall not apply for the purpose of determining the compensation to be awarded under the Land Acquisition Act in respect of the acquisition under that Act of any land in any special area.

6. Determination of compensation under Defence (Compensation) Regulations.

(1) Where in the case of any land referred to in section 3 (1) (a) any dispute with respect to any compensation or the amount of any compensation payable under paragraph (b) of regulation 2(1) of the Defence (Compensation) Regulations, 1941, arises after the 1st day of December, 1952, or had arisen prior to the 1st day of December, 1952, but had not prior to that date been referred for determination as provided in regulation 7 of those regulations, then, notwithstanding anything in those regulations, the dispute shall, in default of agreement, be referred to and determined by the board of review constituted under the Land Acquisition Act. Any such dispute may be heard at an ordinary meeting of the board of review.

(2) Regulations 7 and 9 of the Defence (Compensation) Regulations, 1941, and the Defence Compensation (Tribunals) Rules, 1943, shall apply in relation to the determination of any dispute referred to the board of review under subsection (1)—

(a) subject to the modification that all references therein to a tribunal or to the President or Registrar of the tribunal shall be construed as if they were references to the board of review or to the chairman or the secretary of the board of review, as the case may be; and

(b) subject to such other modifications as the Minister in charge of the subject of Justice may make for that purpose by Order published in the Gazette.

7. Power of Government Agent to take and retain possession of lands.

(1) Where an Order in respect of any land referred to in section 3(1)(a) is not published in the Gazette under section 38 of the Land Acquisition Act while such land is in the possession of any authority under emergency powers, the Government Agent is hereby empowered and required, forthwith upon the termination of the possession of such land under emergency powers, to take possession of such land and to retain such possession until possession of such land is taken on behalf of the State under section 40 of that Act.

(2) Where possession of any land referred to in section 3(1)(a) is retained by the Government Agent under subsection (1), rent for the period during which such possession is so retained shall be payable by the board to the person who for the time being would be entitled to occupy such land but for the fact that possession thereof is so retained and the rent so payable shall be a sum equal to the rent which might reasonably be expected to be payable by a tenant in occupation of such land during that period under a lease granted immediately before the beginning of that period whereby the tenant undertakes to pay all usual rates and taxes and to bear the cost of the repairs and insurance and the other expenses, if any, necessary to maintain such land in a State to command that rent.

[S 7(2) am by s 2 of Act 56 of 1961.]

7A. Payment of compensation under the Defence (Compensation) Regulations 1941 in respect of lands in special areas.

Any compensation payable by the State to any person under paragraph (b) of regulation 2(1) of the Defence (Compensation) Regulations, 1941, in respect of any land referred to in section 3 (1)(a) may, if such compensation has not been already paid by the State to such person, be paid to such person by the board for and on behalf of the State. The payment of such compensation to such person by the board under the preceding provisions of this section shall operate as a satisfaction in full of such person's claim to such compensation from the State.

[S 7A ins by s 3 of Act 56 of 1961.]

POSTPONEMENT OF AND EXEMPTION FROM COMPULSORY ACQUISITION

8. Postponement.

The owner of any land referred to in paragraph (b) of section 3(1) may, before the expiry of the period of three months specified in that paragraph, serve a notice on the Government Agent requiring him to postpone the compulsory acquisition of such land until the coming into operation of a development scheme prepared under this Ordinance for the special area in which the land is situated; and in such case, the Government Agent shall, unless the Minister by order made under section 10 exempts such land from compulsory acquisition, take order for the acquisition of such land on the coming into operation of such scheme.

9. Exclusion of claims for compensation for improvements.

In the event of any land the compulsory acquisition of which has been postponed by reason of the operation of the provisions of section 8 being ultimately acquired under this Ordinance, then, notwithstanding anything in any written or other law, no person shall be entitled to claim or receive any compensation from the Government Agent or the Government or the authority in whom such land is vested as hereinafter provided in respect of any improvements made in or upon such land or any structure thereon after the expiry of the period of three months referred to in that section.

10. Exemptions from compulsory acquisition.

(1) The owner of any land in any special area, being land the compulsory acquisition of which has, by reason of the operation of the provisions of section 8, been postponed until the coming into operation of a development scheme for that area, may, before the expiry of a period of twenty-one days after the date of the publication in the Gazette of a notice under section 15 of the completion of the preparation of the scheme, apply in writing to the Minister for the exemption of that land from compulsory acquisition.

(2) Upon the receipt of an application for the exemption from compulsory acquisition of any land, the Minister may make order exempting or refusing to exempt such land from such acquisition.

(3) No order exempting from compulsory acquisition any land in any special area shall be made by the Minister under this section if the draft development scheme prepared under this Ordinance for that area provides—

(a) for the use of such land or any portion thereof for the construction of a new road or for the widening, alteration, extension or diversion of an existing road or as a public open space; or

(b) for the adjustment or reconstitution of the boundaries of such land.

(4) No order refusing to exempt from compulsory acquisition any land in any special area shall be made by the Minister under this section unless the draft development scheme prepared under this Ordinance for that area provides—

(a) for the use of such land or any portion thereof for the construction of a new road or for the widening, alteration, extension or diversion of an existing road or as a public open space; or

(b) for the adjustment or reconstitution of the boundaries of such land.

(5) Before making an order under this section refusing to exempt from compulsory acquisition any land in respect of which an application for such exemption has been made, the Minister shall give the applicant an opportunity of being heard, either in person or by a representative duly authorised by such applicant in that behalf.

(6) Every order made by the Minister under this section on any application for exemption from compulsory acquisition of any land shall be final and conclusive. The Minister shall cause a copy of such order to be served on the applicant and the Government Agent.

(7) —

(a) The Minister may, for the purposes of this section, cause a notice to be served on any person requiring that person to furnish before a specified date such returns or information relating to the title of that person to any land in respect of which an application for exemption from compulsory acquisition has been made or to such other matters affecting such land as may be within the knowledge of that person.

(b) Where the Minister considers that it is necessary for the purposes of this section that an inspection or examination should be made of any land in respect of which an application for exemption from compulsory acquisition has been made, it shall be lawful for the Minister or any person acting under the written authority of the Minister to enter upon such land and to do all such acts as may be necessary for the purposes of such inspection or examination:

11. Condition of exemption from compulsory acquisition.

(1) It shall be a condition of every exemption from compulsory acquisition granted in respect of any land in any special area under section 10 that the owner of such land shall, in lieu of the executive authority specified in the draft development scheme prepared for that area, carry out the provisions of that scheme in so far as they relate to such land at his own expense, and for that purpose, do all such work and take all such measures in, upon or in relation to such land or any structure thereon as may be necessary.

(2) For the purposes of this section, "owner” in relation to any land in respect of which an exemption from compulsory acquisition has been granted under section 10, means the owner of the land at the time of the granting of such exemption or any other person who may subsequently become the owner thereof.

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