TEA, RUBBER AND COCONUT ESTATES (CONTROL OF FRAGMENTATION) ACT

Arrangement of Sections

1. Short title.

2. Date of operation.

3. Transfer of ownership of a tea, rubber or coconut estate to be null and void in certain circumstances.

4. Partition by deed of a tea, rubber or coconut estate to be null and void in certain circumstances.

5. Punishment for non-compliance with provisions sections 3(4), of 3(5), 4(3) and 4(4).

6. Control of institution and entertainment of partition action in respect of a tea, rubber or coconut estate.

7. Mortgage of part of a tea, rubber or coconut estate as a divided lot to be null and void.

8. Circumstances in which the Board shall grant consent to the transfer of ownership or the partition by deed of, or to the institution of a partition action in respect of, a tea, rubber or coconut estate.

9. Prohibition of registration of certain estates and small holdings, under, the Tea Control Act, No. 51 of 1957, and the Rubber Control Act.

10. Tea, Rubber and Coconut Estates (Control of Fragmentation) Board.

11. Applications to the Board.

12. Staff and meetings of the Board.

12A. Establishment of a Fund.

12B. Audit of Accounts of the Fund.

13. Communication of decisions of the Board.

14. Certificates of consent.

15. Appeals from decisions of the Board.

16. Investigations and reports.

17. Expenses incurred in connection with meetings of the Board and investigations and reports, and emoluments of staff.

18. Furnishing of information and production of evidence required by the Board for the consideration of applications.

19. Inspection of a tea, rubber or coconut estate to which an application relates.

20. Punishment for contravention of section 18(2) or section 19(2).

21. Acquisition of a tea, rubber or coconut estate under the Land Acquisition Act.

22. Administration of tea, rubber or coconut estates acquired by the State in accordance with the provisions of section 21.

23. Sanction of the Board required for prosecutions for offences under this Act.

23A. Prohibition of approval of blocking out plans by certain officers of local authorities without a certificate from the Board.

24. Regulations.

25. Interpretation.

SCHEDULE

2 of 1958,

10 of 1983,

20 of 2005.

AN ACT to control the Fragmentation of Tea and Rubber and Coconut Estates and to provide for matters connected therewith or incidental thereto.

[Am by s 2 of Act 20 of 2005.]

[Date of Commencement: 11th December, 1957]

1. Short title.

This Act may be cited as the Tea, Rubber and Coconut Estates (Control of Fragmentation) Act.

[S 1 am by s 3(1) of Act 20 of 2005.]

2. Date of Operation.

(1) This Act shall come into operation on the eleventh day of December, 1957.

(2) The day specified in subsection (1) is hereafter in this Act referred to as the appointed day.

3. Transfer of ownership of a tea, rubber or coconut estate to be null and void in certain circumstances.

(1) The transfer of ownership of a tea, rubber or coconut estate on or after the appointed day shall, subject to the provisions of subsections (2) and (3), be null and void unless—

(a) a certificate of consent of the Board to such transfer has been previously obtained by the transferor, and

(b) such transfer is effected in accordance with the conditions, if any, subject to which such consent has been granted.

(2) Where not less than ten per centum of the consideration for the transfer of ownership of a tea, rubber or coconut estate has passed before the appointed day, and such transfer is effected or is to be effected on or after the appointed day, then, if the parties to such transfer notify in writing to the Land Commissioner on or before the fifteenth day after the 1st day of February, 1958—

(a) a description of such estate specifying its name, boundaries, extent and situation;

(b) the name and address of the person who is or is to be the transferor or the name and address of each of the persons, who are or are to be the transferors,

(c) the name and address of the person who is or is to be the transferee or the name and address of each of the persons, who are or are to be the transferees,

(d) the consideration for such transfer,

(e) the portion of such consideration that has passed and the date on which such portion so passed, and

(f) whether such transfer has been or is to be effected,

the Land Commissioner shall prepare two copies of a certificate of exemption of such transfer from the provisions of subsection (1). The Land Commissioner shall sign each such copy and shall transmit one such copy to the person who is or is to be the transferee or, where there are two or more persons who are or are to be the transferees, to such one of them as is mentioned first in such notification and shall transmit the other copy to the Secretary of the Board to be filed of record in the Board's office.

(3) A transfer of ownership of a tea, rubber or coconut estate effected on or after the appointed day shall not be null and void by reason only of the absence of prior consent of the Board to such transfer if a certificate of exemption is issued under subsection (2) by the Land Commissioner in respect of such transfer.

(4) Where a certificate of consent to the transfer of ownership of a tea, rubber or coconut estate is issued by the Board, such certificate shall be attached to the deed by which such transfer is effected, and the notary attesting such deed shall in his attestation state that such certificate has been issued in respect of such transfer and specify the number, if any, and the date of issue of such certificate.

(5) A notary who attests a deed effecting a transfer of ownership of a tea, rubber or coconut estate on or after the appointed day shall deliver or transmit a copy of such deed to the Secretary of the Board on or before the fifteenth day of the month next succeeding that in which such deed is attested by him or, if the said fifteenth day is before the 1st day of February, 1958, on or before the fifteenth day after the 1st day of February 1958.

4. Partition by deed of a tea, rubber or coconut estate to be null and void in certain circumstances.

(1) The partition of a tea, rubber or coconut estate effected on or after the appointed day by deed by agreement of the co-owners of such estate shall, subject to the provisions of subsection (2), be null and void unless—

(a) a certificate of the consent of the Board to such partition has been previously obtained by such co-owners, and

(b) such partition is effected in accordance with the conditions, if any, subject to which such consent has been granted.

(2) The provisions of subsection (1) shall not apply to the partition of a tea, rubber or coconut estate effected by deed by agreement of the co-owners of such estate if the right, title and interest of such co-owners to or in such estate have devolved on them under the law of intestate succession or under a testamentary disposition.

(3) Where a certificate of consent is issued by the Board in respect of the partition by deed of a tea, rubber or coconut estate, such certificate shall be attached to such deed, and the notary attesting such deed shall in his attestation state that such certificate has been issued in respect of such partition and specify the number, if any, and the date of issue of such certificate.

(4) A notary who attests a deed effecting the partition of a tea, rubber or coconut estate on or after the appointed day shall deliver or transmit a copy of such deed to the Secretary of the Board on or before the fifteenth day of the month next succeeding that in which such deed is attested by him.

5. Punishment for non-compliance with provisions sections 3(4), of 3(5), 4(3) and 4(4).

If a notary fails to comply with the provisions of subsection (4) or subsection (5) of section 3 or subsection (3) or subsection (4) of section 4, he shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two hundred rupees.

6. Control, of institution and entertainment of partition action in respect of a tea, rubber or coconut estate.

(1) On or after the appointed day—

(a) no person shall institute a partition action in respect of a tea, rubber or coconut estate unless a certificate of consent of the Board to the institution of such action has been previously obtained by him,

(b) no court shall entertain such action unless the court is satisfied that such certificate has been issued, and

(c) no such action shall be maintainable if it is instituted in contravention of this subsection.

(2) A decree in a partition action instituted with the consent of the Board shall not contravene or be in conflict with the conditions, if any, subject to which such consent has been granted, and if such decree contravenes or is in conflict with any such condition, such decree shall be null and void.

7. Mortgage of part of a tea, rubber or coconut estate as a divided lot to be null and void.

A mortgage of a part of a tea, rubber or coconut estate as a divided lot shall, if it is effected on or after the appointed day, be null and void notwithstanding anything to the contrary in any other law.

8. Circumstances, in which the Board shall grant consent to the transfer of ownership or the partition by deed of, or to the institution of a partition action in respect of, a tea, rubber or coconut estate.

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