Agrarian Development Act, No.

46 of 2000
[Certified on 18th August, 20001
L. D. 0.--11/98.
AN ACT TO

PROVIDE FOR, MATTERS RELATING TO LANDLORDS

A N D TENANT CULTIVATORS OF PADDY

LANDS,

FOR THE

UTILIZATION OF AGRICULTURAL LANDS IN ACCORDANCE WITH

AGRICULTURAL POLICIES

; FOR THE ESTABLISHMENT OF

AGRARIAN DEVELOPMENT COUNCILS, TO PROVIDE FOR THE

ESTABLISHMENT OF A L AND B ANK ; TO PROVIDE THE
ESTABLISHMENT OF A GRARIAN T RIBUNALS, TO PROVIDE FOR
THE REPEAL OF THE A GRARIAN SERVICES ACT, No. 58 OF
1979 ; A N D FOR MATTERS CONNECTED THEREWith Or
INCIDENTAL THERETO.

WHEREAS it has become necessary to set out a National

Policy in relation to the rights of tenant cultivators and the
restrictions to be imposed on persons using agricultural land
for non-agricultural purposes in order to ensure maximum
utilization of agricultural land for agricultural production :

preamble,

NOW THEREFORE be it enacted by the Parliament of the

Democratic Socialist Republic of Sri Lanka as follows :-

1. This Act may be cited as the Agrarian Development

Act, No. 46 of 2000.

short Title.

PART I
RIGHTS

OF

PERSONS

WHO

CULTIVATE PADDY LANDS

2. (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 xmmunication 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-H 008041- 5,550 (0011 1)

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

Agrarian Developnierit Act, No. 46 of 2000

(2) If upon receipt of the communication under subacction

(I), the tenant cultivator is willing to purchase such extcnt of
paddy land at the price offered by the owncr, he shall indicate
his willingness to the owner and the Agrarian Development
Council by communication in writing sent by rcgistered post
and the Council sliall fix :I 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 detcrmined 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 ii tenant cultivator has failed and neglected to act
in accordance with the provisions of subsection (2) or (3),
the Commissioner-Genera1 shall take action to evict such
tenant cultivator in accordance with the provisions of
section 8.
(5) Any transfer by the owner of any cxtent of paddy land
in contravention of the provisions of this section shall alter
inquiry be declared null and void by the CommissionerGeneral 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. .

Agrarian Developmerit Act, No. 46 of 2000

3. ( I ) 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 cedc his rights in respect of such
extent to the owner or landlord of such extent.

Transfer and
cession of rights
oftenant
cultivator.

( 2 ) Every transfer or cession under subsection ( I ) 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 contravcnes the provisions of

subsection ( 1 ) or subscction ( 2 ) shall be guilty of an offencc
under this Act.
4. ( 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 6.

( 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 i n that extent of paddy land the
Commissioner-General shall make order exempting such
extent of paddy land from the application ofthe provisions of
section 6, only after affording such tenant cultivator an
opportunity to make replsentations.
(b) The Commissioner-General shall in such order require
the tenant cultivator or tenant cultivators to vacate the extent
of paddy land on or bcforc the date spccifkd in the order.

Exemption of
paddy lands
owned by a
temp,e from
tenant cultivators
rights.

Agrarian Development Act, No. 46 of 2000

(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.
Order determining
the maximum
extent of paddy
land.

5. (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 (I), 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 nc: !ess 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.

.
P
e

Agrarian Development Act, No. 46 of 2000

( 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. (1) When a person who leases out an extent of paddy
land under an oral or written contract such person shall, if he
is the cultivator of such land and is a citizen of Sri Lanka, be
the tenant cultivator of such extent of paddy land for the
purposes of this Act.

( 2 ) Where two or more persons have leased out an extent

of paddy land under an oral or written agreement and
cultivated such extent of land either jointly or in rotation,
each one of such persons shall if he is a citizen of Sri Lanka
be the tenant cultjvator of such extent of paddy land for the
season in which he is the cultivator of such paddy land.
(3) Where a new oral or written agreement is entered into
in respect of an extent of paddy land after the date of
commencement of this Act, subsections (1) and ( 2 ) shall not
be applicable to such paddy land.

(4) Where any person who is a permit holder holding an

extent of paddy land upon a pernit issued under the Land
Development Ordinance subject to the condition that such
permit holder himself shall cultivate such extent of paddy

Where the lessee

o f a Paddy land

~':"s,

~ n ~ ~ ~
cultivator,

Agruriuti Development Act, No. 46 of 2000

land, leases out such extent of paddy land to a person who .

cultivates such extent of paddy land the person so cultivating
shall not be deemed to be a tenant cultivator within the
meaning of this Act.
Right of tenant
cultivators ;
provision in
regard to certain
evicted tenants of
paddy lands ; and
restriction of
eviction of tenants
of paddy lands.

7. (1) A tenant cultivator of any extent of paddy land

shall have the right to occupy and use such extent i n
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 nofdemand or receive
from the tenant cultivator any rent in excess of the rent required
by this Act, to be paid in respect df 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 oPsu& 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-Gencral in writing that he has been
cvicted 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 pcrson 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.

Agruriuri Development Act, No. 46 qf 2000

(6) The landlord of the extent of paddy land and the person
evicted shall be given an opportunity ofbeing heard in person
or through a representative, at the inquiry held by the Agrarian
Tribunal. The decision of the Agrarian 'Tribunal after such
inquiry shall be communicated i n writing and, scnt by
registered post to the Commissioner-General, the landlord and
the person evicted. If the landlord or the person evicted is
aggrieved by the decision of the Agrarian Tribunal, hc may,
within thirty days of thc communication of the decision to
him, by petition in writing in which the other person shall be
mentioned as respondent, appeal to the Court ofAppeal against
the decision, on a question of law. A copy of the petition shall
be sent to the' Commissioner-General under registered post at
the time when the appeal is made. Where no appeal i b madc
against the decision within the time allowed therefor, such
decision shall be final and conclusive.

(7) Where at any inquiry referred to in subsection (3) the

Agrarian Tribunal holds(a) that eviction has been established and iio appeal has

been made against such decision wi!hin the time

allowed therefor, or the Court cf Appeal has on m y
such appeal confirmed the decision of ths Agrxian
Tribunal that eviction has been established ; or

(b) that eviction has not been esiablished and the Court
of Appeal has in appeal varied thc decisioii of the
Agrarian Tribunal and held that eviction has been
established, then(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 ofthe
decision of the Agrarian Tribunal or the Court of
Appeal, as the case may be, in writing order that
every person in occupation of the extent of paddy
land shall vacate it on or bcfore such date as shall

Agrariari Devclopnient Act, No. 46 of 2000

be specified in such order and if such person fails

to comply with such order, he shall be evicted
from such extent in accordance with t h e
provisions of section 8 ; and
(iii) the landlord of such extent shall for each day
during which a person in respect of whom an
order has been made continues to occupy such
e x t m after the date spccified in that order, pay
to the person mentioned in sub-paragraph (i),
damages at such rate as may be prescribed enless
the Agrarian Tribunal or the Court of Appeal has
decided that such person was evicted without the
knowledge, consent or connivance of such
landlord :
Providcd tnnr no damages shall be paid in respect
of any portion of that extent of paddy land which is
cultivated under section 27 during the period specified
in this sub-paragraph.

(8) Where the landlord of the extent o f paddy land fails or

refuses to pay within fourteen days after demand, any szm
which he is required to pay as damages under subsection (7),
such sum may, on application made by the person evicted to
the Magistrates Court havingjurisdiction 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 thc s u m specified in such
order, 8s being duc from the land!ord, shall be proof that such
sum is duc.
(10) (,here a person (hereafter in this subsection referred
to as the lessor) lets any extent of paddy land to any other
person (hereaft& 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,

Agrariati Development Act, No. 46 of 2000

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 subtenants 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 i n
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.
(1 1 ) 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 L.:Jof 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 sequestcred, seized or
sold in execution of a decree or process of any court.

10

Agi-ariuri Developrirerrt Act, No. 46 o,f2000

( 13) Nothing in Chapter LXVI of the Civil Procedure Code

(inserted i n that Code by the Civil Procedure C o d e
(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 o f 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 t o 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 tcnant cultivator to refrain
from exercising any right or privilcge conferrcd upon him by
or under this Act, such person shall be decnicd to interfere i n
the occupation and use of such extent by that tcnant cultivator.
(1 5) Any person who contravenes the provisions of this
section shall be guilty of an offence under this Act, and shall
on conviction after sumnury trial beforc a Magistrate be liable
to a fine not exceeding five thousand rupees.
'rocedurefor
viction.

8. (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.issucd, describing the extent of land to
which such order relates ;
( h ) 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 cvict such person 2nd all other
persons in occupation of such cxtent o f land from such
extent, and stating th: na:iic of the person to whom
dclivery of possession ofsi:sh extent should be madc.

Agrarian Developnierit Act, No. 46

of2000

1I

( 2 ) Where a writtcn report is presented to a Magistrates

Court under subscction ( I ) , such court shall dircct the Fiscal
or peace officer to forthwith evict the person spccificd in
such report and all othcr persons in occupation of the extent
of agricultural land spccified 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 bc made.

(3) The Fiscal or pcace officer entrusted with the execution

of the order of eviction shall comply with thc directions of
the Magistrates Court by which such order was madc and
shall make a due return setting out the manncr in which he
executed such order.
(4) In executing an ordcr of eviction the Fiscal or the peace
officer or any person authorised by either c;f them may use
such force as may be necessary to cnter the extent of
agricultural land to which the order relatcs and evict any
person bound by the order and to deliver possession of such
extent in accordancc with the direction of the Magistrates
Court which issued the order.
(5) Any person who unlawfully disposscsscv any person
who has been placed in possession of an extcnt of agricultural
land by the Fiscal under subsection (3), shall be guilty of an
offence under this Act. A certificatc by the CommissionerGeneral that any person has bcen s~ dispossessed sh;dl bc
evidence of that fact.

(6) Upon conviction for an offcncc under subacition (5)

the Magistrate shall direct the Fiscal to placc the person who
has becn unlawfully disposscsscd from such cxtcnt, in
possession of such extent by evicting any person in occupation
of such extent.
9. ( I ) The Commissioner-General shall by notification
published in the G a x t t c , dctcrminc from time to time in
accordancc with the provisions of this section, tlic rcnt to be
paid by the tenant cultivator of any extent of paddy land.

Kent to be
by the
CommissioncrGeneral,

12

Agrarian I)ereloprrrerrt Act, No. 46 of 2000

( 2 ) A determination undel subsection (1) shall specify the

iiuniber of bu5hels of paddy, not less thm ten, in respect of
cach cultivated acre of any extent of paddy land in any region
to which such de!rrmination applics or a portion, not lcss
than one-quarter of thc tot.11 yicld of the linddy froni that extent
rcducecl by the amount c!any charge which may be imposed
under this .4ct, whichc\,er is grcatcr, as the rent payablc for
that extcnt, for cach paddy cultiiation season.

(3) Thc rent dctermined undcr 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 spcciticd number of bushels or
kilos of paddy for each cultivated acre, the rent for any
ciiltivated area of lcss than one : w e shall be computed in the
proportion that such area bears to one acre.
(5) Thc rcnt payable for any extcnt of paddy land shall
for each paddy cultivatioti season, consist of-

(a) the qumtity of paddy computed for that extent in

accorclancc with w c h dclcirnination in force under
thc provisloils of this sectioii as is applicable to paddy
lands of the administrative Jislrict or part therzof in
which tlizt exter.i lies ; or
(b) the equivalent in moticy 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 dcscription as the paddy from that
extent in accordance with the provisions of this Act.

(6) Where the Commissioner-General is satisfied after

inquiry that thc tenant cu1tiva;or of any extent of paddy land
has willlully.neglectcd thc cultivation of such extent during
any paddy cultivation season in which cultivation was
possible, or has without reasonable cause, committed during
any paddy cultivarioii wason ;I hreacli of any cstablished
custom relating to culti\ulion, thc Coinniissioncr-General may

Agrarian Development Act, No. 46 of 2000

13

order that the rcnt for such season payable in paddy under the
provisions of this Act in respect of such extcnt shall bc
computed on such basis as is specified by the CommissionerGeneral 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 m y cause other than his f a d l or neglect,
the rent payable by him in such season in respect of such
extent shall be reduced by such rcasonable. amount as shall
be determined by the Commissioner-Gencral.
(8) Where any dispute arises between the tenant cultivator
of any extent of paddy land and his landlord as to thc amount
of the rent payablc in respect of such cxtcnt under the
determination made under subscclion ( I ) , 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. ( 1 ) Whcn the landlord informs the CommissionerGeneral that the tenant cultivator is in arrears ofrent in respect
of an extent of paddy land the Commissioner-General shall
causc 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 of such arrears of
rent, it shall communicate its decision in writing to the tenant
cultivator, the landlord and the Commissioner-General.

(2) On receipt of the notice of such decision the

Commissioner-General shall give notice i n writing to the
tenant cultivator that his knancy in respect of such extent
would be terminatea if he fails to pay such arrears in either
paddy or money, witi-lit, :he time specified i n such notice.
(3) A tenant cultivator who tails to pay the arrears of rent
within the time specified therefor i n the notice shall be deemed
to have forfeited his tenancy and shall vacate such extent on
being ordered to do so by the Commissioner-General.

ConsequeIlce of
by tenant
cultivator to pay

rent,

14

Agrarinri Developmetit Act, No. 46

of 2000

(4) If the tenant c u l t i h o r fails to vacate such extent of

paddy land within the time specified in the notice the
Commissioner-General shall cause such tenant cultivator to
be evictcd from such extcnt of paddy land in accordance with
the provisions of scctioii 8.

(5) When the 1en;incy rights ofa tenant cultivator has been
terminated in accordance with the provisions of this section
the possession of such cxtent of paddy land shall be handed
over to the owner or the person entitled to such extent of paddy
land, or where there is a dispute as to the ownership of such
extent, to the agrarian Development Council of the area in
which such extent is situated.
When rent is not
payable.

11. Where the extent ofpaddy land of a tenant cultivator

is not cultivated during any paddy cultivation season or the
cultivation of such extent during such season completely fails
for any cause other than his fault or neglect, no rent for such
season shall be payablc in respect of such extent.

Time and place

for paying rent
and when rent
commences to be
in arrears.

12. The rent for any paddy cultivation season shall b^e*'
paid at the threshing floor itself, on or before the fifteenth
day after harvesting of the crop from such extent for such
season and if not so paid shall commence to be in arrears on
the first day after the said fifteenth day.

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

13. ( I ) It shall be the duty of the tenant cultivator of any

extent of paddy land to give to his landlord and the Agrarian
Development Council within whose local jurisdiction such
extent wholly or mainly lies(a) at lcast ten days' notice of the date on which it is
intended to commence the harvesting of the crop from
such extent ; and

(h) at least seven days' noticc of the date on which it is

%tended to remove from the threshing floor, the crop
harvested from such cxtent.

(2) Any tenant cultivator who fails to comply with the

provisions of paragraph ( a ) or (6) of subsection ( 1 ) shall be
guilty of an offence under this Act.

Agrarian Developnietit Act, No. 46 of 2000

I5

14. ( I ) Thc rent i n respect of any cxtent of paddy land

shall be paid by the tenant cultivator o f such cxtcnt to the
landlord of such extent or to his authoriscd agent either dircctly
or through the Agrarian Dcvelopment Council within whose
area of authority such extent is situate, where such landlord
fails or refuses to accept such rent.

(2) Where there are two or more landlords olan extent of

paddy land they shall appoint a pcrson for (he pulpose of
collecting the rent from the tcnant cultivator of such extent,
and shall in writing sent by registered post notify the name
and address of the person appointed for such purpose, t o the
Agrarian Development Council within whose area of
authority such extent is situatc If no such notification is inade,
such rent shall be paid dircctly or through such Daelopment
Council to the person, i f any, who customarily collects such
rent for such landlord.

(3) If there is no person entitled to collect such rent or i f

there is any dispute as to the proportion in which such rent
should be paid to each landlord, or as to the pcrson to whom
such rent should be paid, such rent computed in money in
accordance with the provisions of this Act, shall bc paid by
such tenant cultivator to the Agrarian Development Council
within whose area of authority such extent is situate, and such
Development Couflcil shall psy such amount lcss any cxpenses
incurred by such Development Council i n handling such rent
to the appropriate District Court within whose local
jurisdiction such extent wholly or mainly lies, to bc drawn by
the person or persons entitled thereto.

(4) Where the amount referred to i n subsection (3) is not

drawn by the person or pxsons entitled thereto within one
year after the date on which such sum was paid to the Court,
the Court shall cause such sum to be paid into the Agrarian
Development Fund and no person thereafter shall be entitled
to rcceivc such amount.

TO -,vholn

layahlc

ICIII

Provisions
applicablc whcrc
rent is paid
through the
Agrarian
Ikvelopinent
Coiiiicil to th;.
landlord or to his
authorised agent.

15. ( 1 ) Wherc the tcnai?t cultivator of any cxtcnt o f

paddy land instead ofinying the rent for such cxtent directly
to the landlord o f such cxtent :)r to his authorised agent pays
i t to the Agr:irian Dc~~elopmcnt
Council within whose area o f
authority such cxtent is wholly or mainly situatc, such Council
shall-( a ) if such IcnL is paid in inoncy, causc thc amount o f

sucli m r to bc transmitted to such landlord or to his

authorixd agent, as the casc may bc ; or
( h ) i f such rent is paid i n paddy, cause to be scnt to such
landlord or to his authorised agent, as the case may
be, a written notice scnt by registered post rcqucsting
him to take delivery of such paddy within thirty days
of the date of such noticc ; and
(c) deduct from such rcnt any expenses incurred by such

Council in the handling o f s x h rent.

(2) Whcrc thc rent for any cxtcnt of paddy land is paid in
paddy to tlic Agi-at-ian Devc!op:ncnt Council within whosc
arcs such cxtcnt is wholly or mainly situate. and such rent is
not claiincd by the pcrsot~cntitled t h i x t o within thirty days
of h e date o f t!;c noticc sent to h i i n undcr subsection (1).
such Council ni::y causc thc paJdy t o tx s o l d a!?d shall causc
thc procecds of tltc sale to be traiisinittcd to such persons.
(3) Whcr-e m y sttin ofn::,!iey !rai:sniiIted (otherwise than
by inoncy ordcr or postal ordcl-) to any person undcr this
section by the Agrarian Dcvclopment Council within whosc
area auch cxtcnt is wholly or mainly situatc is not claimed by
such pcrson within o w ycar after thc datc on which such sum
was transmitted, such suin shall be paid into the Agrarian
Devclopmcnt Fund by such Council and no pcrson thcrcaftcr
she!! ?? cntitlcd to demand or rcccive such sun2 or the rent
which such sum represents.
Receipts to be
given for payment
of rent.

16. ( I ) The person cntitled to collcct the rent in rcspcct

ol'any cxtent ofpaddy laud shall, on icxiving the rent, issue
3 rcceipt 10 thc pcrsoii by \vhoii\ thc rent is'paid.

(2) Every such receipt shall cmtain such pxticulnrs as

may be prcscribcd by regukion.
(3) Tlic person cnlitlcd to collect thc rent undcr subscction
(1) shall if he fails to comply wit!) i1i:it subsection acd the
regulations made undcr subsection (2), be guilty of an offence
under this Act.
17. Where any rent in respect of any extent of paddy
land is in arrears, the amount of rent in arrears computed in
money in accordance with the provisions of this Act, shall
bear simple interest at the prescribed ratc.

18. (1) Where m y sum is due from thc tenant cultivator

of any extent of paddy land to his landlord as rent in arrears
or interest on such rcnt 01'both, thc Irlnd!orcl may qqdy in
writing lo the Commissioner-General who shall upon such
application cause the Agrarian Tribunal to hold an inquiry in
respect of such application. 11' the Agrarian 'liibunal decidcs
that any amount is due to bc paid to the landlord by the tenant
of the same,
cultivator and informs th.: Commissioiier-C;cn~r~l
then the Commissioner-General shall makc an ordcr lor the
payment of such amount i n money or i r i paddy or both in
money and in paddy in the manner prescribed in such order
and within the ycriod spccil'ied thcrcin.
(2) If such tenant cultivator fails to pay such sum within
the period specified by the ordcr under subsection ( I ) such
sum may be rccovered upon application being made by the
landlord to the Magistrate's Court having jurisdiction over
the place where the paddy land in respect of which the rent is
dueissiluated i n like manner as a fine imposed by such Court
notwithstanding that stich sum may exceed the amount of the
tine which that Court may in the exercise of its ordinary
jurisdiction impose, and any sum so recovcrcd shall be paid
by such Court to the appikant landlord.

(3) For the purposes of subseclion ( 2 ) an ordcr by the

Commissioner-Generalthat the sum spcciiiecl in the certificatc
isdue to the landlord Iron1 the tcnan! cultivztor shall be yritna
facie proof that such sum is duz.

lnterest 10 be
paid on re111in
arrears.

Recovery of
r m and

interest i n
arrears.

18

Agrariarr Developriierit Act, N o . 46 cf2000

Fixing of
compensation to
be paid to the
tenant cultivator.

19. (1) The landlord of any extent of paddy land may

make application to the Commissioner-General to have such
extent exempted from the application of the provisions of
section 6.

Application of
Land Acquisition
Act.

20. ( I ) Any paddy land specified in section 6, being a

paddy land which is cultivated by a tenant cultivator and which
has not been sold to such tenant cultivator at the expiration of
a period of two years from the date of commencement of this
Act, shall be deemed to be required for the purposes of this
Act, and may be acquired under the Land Acquisition Act.
(2) A paddy land acqujrcd uiider the provisions of
subsection (1) shall vest i n the Land Bank established by this
Act.
(3) The tenant cultivators of any paddy land acquired
under subsection ( 1 ) shall bc paid compensation computed in
accordance to section 19 of thi, Act.

Paniculars of land
to be submitled by
landlord and the
tcnant cultivator.

21, ( I ) E \ w y 1:indlord who o n n q ; i n cxtcnt (~I'paclclyl a i i d

and every tenant cultivator ( 1 1 an cutcnt (11' ptlrlcly 1;111<1 \l1;\11
f'urnish information regarding such extent of' p x l d y 1uid t (
t h c Cornm i s s i o n c r- G e n era I . Reg u 1 at i on s may be ni ;i d c
prescribing the nature of the information required t o bf
furnishcd and the torms t o bc used for such purpose.

Agrarian Development Act, No. 46 ~$2000

lY
:h
of

:C
0

n
0

If
It
c

I9

(2) The landlord and the tenant cultivator shall for the
purpose of furnishing the informztion required under
subsection ( I ) examine thc Agricultural Lands Register in
operation for the timc being, in the area in which such extent
of paddy land is situated.

(3) Where there is a change in the information furnished

under subsection ( I ) the landlord and the tenant cultivator
shall notify the Commissioner-General of such change within
six months of the occurrence of such change.
(4) A landlord or tcnant cultivator who fails to comply
with the requirements of subsection (1) shall be guilty of an
offence under this Act.

3
Y

PART I1

UTILISING
A GRICULTURAL L ANDS I N ACCORDANCE
WITH
AGRICULTURAL
POLICIES
I
I

22. ( I ) It sliall be the duty and responsibility of every

owner cultivator or occupier of any agricultural land to
cultivate such land with such crops or rear scch breeds of
livestock and breed inland fish for the efficient management
and better cultivation of agi.icultural land, as are bzst suited
for the land, having regard t o the extent and the situation and
the natural resources ofthc land, i n accordance with standards
of cultivation as are hereinafter provided by this Act o r any
regulation made thereunder, with a view to improving the
productivity and maintaining efficient standards of production
both as to quantity and quality of the produce.

Iluties of owner
cultivators or
occupicrs rclaling
to the cultivation
and management
0 1 agricultural
land.

(2) Regulations may be made for prescribing the crops to

be cultivated, the livestock to bc reared, the fish to be bred
according to thc situation and natural resources of the land,
and generally for the efficient management of agricultural
land and for bcttcr cultii-tion.
23. ( I ) Where the Commissioner-General is informed
by the Farmers Organisation within whose area or authority
any agricultural land is situated that such agricultural Ian- i s
not being cultivated i n accordance with the provisions

Issuing
supervisi ~n
orders.

20

Rgmriari Ihdoprrwrtt .4ct. No. 46 of2000

Act c31- the regulations made i i i thnt regard or when the

Commissioner-General bcconics aware in any other manner
that an agricultural land is not bcing cultivated according to
the provisions of this Act or regulations made thereunder ,
thc Commissioner-General may, after giving thc owner
cultivator or occupier of such agricuhural land an opportunity
of making representations to him or to his authorised
rcprcscntative, by order (hercinafter referred to as a
Supervision Order) place the owner cultivator or occupier
under the Coinmissioner-C..nerals supervision for such
period ;is niay be specified in such order.

(2) Regulations may be made prescribing, the manner in

which inquiries under subsection ( I ) are LObe conducted, the
procedure to be followed in the issuing and implementation
of Supervision Orders, and the iiianncr of revoking the same.
Compensation to
be paid in respect
of agricultural
land which is not
properly
cultivated.

24. ( I ) Wherc a Supervision Committee appointed under

section 25 reports to Ihe Comniissioner-General that the
cultivation ofthc extent olland LO which ;iSupervision Order
under section 23 relates has not shown improvement during
the period specified in such order, the Commissioner-General
shall after inquiry issue an order requiring the owner cultivator
or occupier of such land to pay compensation of a sum not
exceeding rupees five thousand for each acre of land
comprised in such extent or portion thereof, to the credit of
the Agrarian Development Fund.

(2) A person aggrieved b y an order made under subsection

( 1 ) may appeal against the order to th: Agrarian Tribunal
within whose local jurisdiction the lacd in respect of which
the c;rdcr is made is situnte,within oiic month at the date of
the order. Acopy of such appeal s!iall simultaneously be sent
by registered post to thc Coinn:issioncr-General.
(3) Wherc no appeal is preferred against an order made
b;* i;lc Comrnissioncr-Gsneral under subsection ( I ) to an
Agrnrinn Tribunal or wherc such ordcr tias been confirmed
b y the Agrarian Tribunal on appeal, the CommissionerGeneral shall notify the owr:er cultivator or occupicr by written
notice sent by registered post of the final date before which
the compensation specified i n thc order shall be paid.

Agrarian Development Act, No. 46 of 2000

21

(4) Where the landlord or occupier fails to pay the

compensation on or before the date specified by the
Commissioner-Ceniral, the Conimissioner-(jeneral shall
make an application to the h4agistra:cs Court \vi!hin whose
localjurisdiction the lard i n rcspcct ofwliicli tlx compensation
has to be paid is situatcd, pmying that s x h sum bc recovered
in likc manncr a s a fine imposzd by such Court
notwithstanding that such sum may cxcecd the amount of the
fine which that court may in tlic exercise of its ordinary
jurisdiction, iinposc.
( 5 ) Acertificate issued by the Commiss:oncr-Gencl.?l that
such sum is due as compensation shall bc proof tlint such
sum is so due.

25. ( 1 ) The Commissioiicr-lr;cncrc~l iitay appoint

Supervision Committees for every Agrarian Development
Council Area.

Appointnicntof
Supervision
Committees.

( 2 ) Tlic members of a Supervision Coinmittee referred to

in subsection ( I ) shall be appointed by the CommissionerGeneral and shall consist of not more than five persons
appointed from m ~ o n g s temployee, of such dcpal-lnicnts,
public corporatioris and statutory bodies as nrc furic!inning in
that Agrarian Dcvelopment Council Arc:i
(3) The Commissioner-General shall appoint 3 Sccretxy
for evcry Supervision Committee referred to i n
subsection (1).
(4) Regulations may bc mad:: i n providing Iorthe inar,i?cr
of appointment of members of the Supervision Coinmittces,
their periods of office, the quoruin for, and tlie procedure for
transaction of business at, meetings of the Committees.
26. ( I ) Where

the

Commissioncr-General is informed

by ii Supervision Committee thqt the cultivation of an

ngriuulturnl land which has been subject to a Supervision
OIclcr for one year is not being satisfactorily cultivated even
in the succeeding year, the Commissioner-Clcncral shall after
allording an opportunity to the owner cu!tivi?inr or occupier

Issuing of
Orderof
Dispossession

o f that land to show cause to the Commissioner-General or

his representative as lo why he should not be dispossessed of
the land, issue an order (hercimfter called an order of
dispossession) dispossessing the owner or occupier of the
land cfliis right to culLiva!c such land and to receive the crop
from wch land {orsuch period as is specificd in the order.

(2) Where the pcrson on whom the order under subsection

( 1 ) is served is aggricved by such order he shall within thirty
days o f thc receipt of such order prefer an appeal to the
Secretary to the Ministry ofthe Minister. A copy of such appeal
shall be simultaneously sent to the Commissioner-General
by registcred post.
(3) Where no appeal is preferred against such order under
subsection ( 2 ) ,such order shall be final and conclusive.

(4) Whcr:: r?ii order of Dispossession is final and

conclusivc under subsection ( 3 ) , the Commissioner-General
shall evict such owner cultivator or occupier of such
agricultural h i d i n accordance with the provisions of scction
8 of this Act and sliall deliver such agricultural land to the
Land Bank.
( 5 ) Where an Order of Dispossession has been entered
into in respcct of an agricultural land, such land shall not be
handcd back to the owner cultivator or occupier except on
payment by him of all expenses incurred on improvemcnts
effected to such land and all such other cxpenses as have been
incurrcd in relation to such land.

(6) Regulations may be made in respect of the manner of

issuing, service cjf, and giving effect to an Order of
Disposscssion, Ihc procedure for rcvocation of such Order,
a d thc procedure for handiris back possession.
Cultivation of
lalid subiect to a
dispute

27. ( I ) Where the Coinmissioner-General is satisfied

that any agricultural land is not being cultivated due t o the
existence ofa dispute relating to that land, thc CommissionerGeneral may, after affording an opportunity to, the owner o r

Agrarian Developnierit Act, No. 46 of 2000

23

occupier of such agricultural land to make representations to

the Commissioner-General or his authorised representative,
issue an order requiring the person on whom the order is served
to vacate the land within the period specified in that order
and deliver possession of such land to the CommissionerGeneral or his authoriscd representative.

(2) Every order shall be sent by registered post to the

person to whom it relates :
Provided, however that where there are several owner
cultivators or occupiers of such land and the addresses of
such owner cultivators or occupiers cannot be ascertained,
theexhibition of such order in a conspicuous place in or upon
the land to which the order relates, shall be deemed to be
service of the order on all thc owner cultivators and occupiers
thereof.

(3) Where a person on whoin an order under subsection

( I ) is served fails to vacate the land within the period specified
in such order the Commissioner-General shall evict such
person in accordance with the provisions of section 8.
(4) Until the dispute relating to that land is settled or a
decision is made in respect of that dispute such agricultural
land may be delivered to the Land Bank for the purpose of
cultivation of such agricultural land, and the income derived
therefrom shall be disposed of in the manner directed by the
Commissioner-General.

28. (1) The Commissioner-General may decide whether

an extent of land is a paddy land.

(2) The Commissioner-General may, for the purpose of

making a decision under subsection ( I ) , call for and obtain
the observations and information from the Agrarian
Development Council within whose area of authority the
extent of land is situate, and from the relevant government
departments statutory boards and institutions. It shall be the
duty of every such government department, statutory board
and institution to furnish such observations and information
as soon as practicable.

The
CommissionerGeneral may
decide that certain
land is a paddy
,and.

24
Identification of
paddy lands which
can be cultivated
with Paddy and
other crops.

Agruriun t>evelopriient Act, No. 46 of 2000

29. ( 1 ) The Commissioner-General shall identify paddy

lands from which sufficient production can be obtained when
cultivated with paddy and paddy lands from which sulficient
production can be obtained when cultivated with other
agricultural crops. The Cornniissioner-General shall for the
purposes of such identification, obtain the observations of the
Farmer Organisation and the Agrarian Development Councils,
within whose arca of authority such land is situated.
(2) The Commissioner-General shall appoint Productivity
Committees for each administrative district or for different
portions of an administrative district for the purpose assisting
in the identification of lands for the purposes of subsection
(1).

(3) The Productivity Committees shall consist persons

employed in government departments, statutory bodies or
institutions and of persms engaged i n agriculture, i n each
such administrative district.
(4) Every Productivity Committee shall appoint a
Secretary to its Conimittee.

(5) Upon identification of the paddy lands from which

sufficient production can be obtained by cultivating other
agricultural crops, the commissioner-General may by a
notification published in the Gazette declare that the provisions
of subsections ( I ) and (2) of section 6 shall cease to apply Lo
such paddy lands.
(6) The provisions of subsections (1) and ( 3 )of section 6
of this Act, shall not apply to any person who cultivates any
paddy land in respect of Lvhich a Notification has been
published under subsection ( 5 ) .

Agrclrian llcvelopiiieiit Act, No. 16 of2000

25

30. ( I ) Paddy lands which have been identified by the

Commissioner-General as paddy lands from which the
maximum production can be obtained by the cultivation of
paddy shall be culti\~atcdwith paddy during every season in
which paddy can be cullivatzd thereon.

( 2 ) Where paddy cannot be cultivated during any season

in an extent of paddy land which has been identified under
subsection (I), due to a natural or other cause an agricultural

Every paddy land

which can be
cultivated with
paddy shall bc
utilised forthe
cultivation sf
paddy.

crop which is not a perennial crop may be cultivated on such

paddy land after obtaining the written permission of the
Commissioner-General.

'

(3) In the case of paddy lands from which satisfactory

production can be obtained by the cultivation of any crop other
than paddy, such paddy land may, subject to the provisions of
section 29(5), be cultivated with half yearly crops other than
paddy after obtaining the written perniission ol' the
Commissioner-General. For the purpose of cultivating long
term crops in such paddy lands, the written permission of the
Commissioner-General shall bc obtained prior to the
commencement of such cultivation.
(4) Every person who contravenes the provisivns ol' this
section shall be guilty of an offence under this Act.
(5) A certificate issued by the Comiiiissioner-Ge~ieralto
the effcct that the provisions 01 this section have been
contravened, shall be zdrnissible in evidence and shall be
prima facie proof of such fact.

31. ( 1 ) The Commissioner-General or an officer

appointed under subsection (2) of section 38 nlay for the
purpose of implementing the provisions of this Act, at all
reasonable times enter upon any extent of agricultwal land
and may inspect such extent of agricultural land.

( 2 ) Any officer inspecting an agricultural land under

subsection (1) shall make such inspections and inquiries as
may be necessary to ascertain whether(a) the extent of agricultural land is bciilg fillzd up or is

about to be filled up with soil or other material ;

The
CornmissionerGeneral and the
officers to have
the power to
inspect
agriculturn! lands
to find out the
purpose for which
such land is used.

Agruriun De\-eloptiicirt Act, No. 46 of 2000

26

( b ) action is being taken to construct some structure on,

or any construction is being done in, that extent of
agricultural land ;

(c) action is hciiig taken to remove soil or soil is bcing

removed from that extcnt of agricultural land ;
(tf)

such cxtcnt ofagricultur:il larid is being prepared for,

or is bcilig used for scmc ();her purpose and not for
thc cultivation of an ngriculiiirnl crop and whether such
agriculturel lsnd is being efficizntly cultivated ; and

(e) acts in vic!!atinn of the terms and conditions of any

permission issued under subsection ( 1 ) of section 32
or subsection (!) of section 33 ofthis Act, are being
cornniitted on the agricultural :and.

(3) The officers refcrrcd in subsection ( I ) may where

necessary examine the permission issued under subsection
( 1 ) of section 32 or subsection ( I ) of section 33 in order to
ascertain whether the tcnns and conditions subject to which
permission has been issued are being complied with.

(4) Any persoti who obstructs any officer referred to i n

subsection ( l ) , in the exercisc of the powers conferied on
hini by sibsections ( 2 ) and (3)c5all be guilty of an offence
undcr this Act, :idsha!l on conviction alter 3 Luinmary trial
bcforc a Magistrate be liddc to imprisonment of eithei
description for a pcriod not exceeding two years or to a finf
not exceeding twenty five hou\and rupees or to both suck
imprisonment and fine.

(5) Whew any person obstrucrs an cfficer referred to i

subsection ( 1 ) froin exercising thz powers conferred on hir
by subsccticns ( I ), (2) ;u:d (3) such officer shall make
cc:Trp;:;nt about sucli obstruction to the officer i n charge c
the Police Station of thc Zrca within which the agriculturi
land is situated.
(6) An affidavit sworn by an officer inspecting an
agricultural land undcr subsection ( I ) to the Magistrate

Agrarinn D ~ ~ e l o p t ~ Act,
i e ~ iNo.
t 46 of ,3000

37

t, stating that a person named thercin abstructcd or

ed thc exercise by him of the po~.vcrsconferred on him

by subsections (3) and ( 3 ) shall be admissible in evidence
and shall be prima facie evidcnce of such fact.

32. ( I ) Any person who, without obtaining writtcn

permission from the Cominissioner-General(a) fills up an extent of paddy land with soil or othcr
material or attempts to fill up such extent of paddy
land ;
(b) uses any extent of paddy land for a purpose other than
an agricultural purpose or does any other act for such
purpose ;
(c) constructs any structure within any extent of paddy
land or does any act in furtherance of such purpose ;
(d) removes soil from an extent of paddy land or attempts
to do so ; or
(e) utilises an extent of paddy land in violation of :he terms
and conditions of thc permission issued by the
Commissioner-General,
shall be guilty of an offence under tliis Act.

(2) Any person who aids or abets a person in conimilting

any of the acts specified in subsection ( 1 ) shall IJC
guilty of
the same offence.

(3) When any pcrson cornaiits an offence under subsection

(1) the Commissioner-Gcneral or an officer appointed in
accordance with subsection (2) of section 38 shall forthwith
issue notice to all such persons involved, to abstain from

committing such offcncc. The exhibition of such notice in or

on a prominent place in such extent of paddy land shall be
deemed to be service on all such persons.

(4) A notice which is cxhibitcd under subsection ( 3 ) on

any extcnt of paddy l i ~ i ~ cshall
t,
contain a brief statcmenl giving
the nature of the offcncc cominitted in respccc ofthat extent
ofpaddy land, and the penalty to which such pcrson could bc
made subject for the con~niissionof thc offence, if proved.

Using a paddy
land for a purpose
othcr than an
agricultural
cultivation
without the
permission of the
CommissionerGeneral to be
punishable.

(S) Where an offence under subsection ( I ) is being

committed by any person or when any course of action is
taken to do so, an officer appointed under subsection (2) of
section 38 shall complain to the ol'f'iccr in charge ofthc police
station ofthc area where such extent of paddy land is situatcd.

(6) Upon a complaint under subsection ( 5 ) being made

the officer in charge of such police station shall take into
custody all persons mentioned in such complaint and all
persons as he believes are involved in such offence and any
implements, instruments, machilicry, vehicle or any othcr
article or document.

(7) All such persons as are taken into custody under

subsection (6) and any implement, instrument, machine,
vehicle or any other article or document shall forthwith be
produced before the Magistrate's Court.

(8) Every person guilty of an offence under this section

shall, on conviction after summary trial bcfore a Magistrate,
be liable to a tine no1 exceeding one hundred thousand rupees
or to imprisonment of either discription for a term not
exceeding six months.
(9) Upon conviction of a person of an offence under this
section, the person so convicted shall for every day in respect
of which the offence is so continued after conviction be
required to pay a fine o f one thousand rupees for each such
day.
(10) Where a person is convicted of an offcncc under this
section, the court may ordcr such person to remove any soil,
material or construction with respect to which such offence
was committed within such period as may be specified by
court.
Filling up of
paddy land or
uti'isingpaddy
land for any
purpose
than
cultivation.

33. ( I ) No person shall fill any extent of paddy land or

renro\; sny soil from any extent of paddy land or erect any
structure on any extent of paddy 1ar.d except with the written
permission of the Commissioner-Gcncral.
(2) Any person who contravenes the provisions of
subsection ( I ) shall be guilty of an offence under this Act.

(3) Whcrc thc Coiiiniissioner-Gcncral, or the Additional

C om m i s s i one r- G c n c ra 1 o r C o m 111 i s s i on c r o r Dc p u t y
Commissioner or Assistant Commissioner is icfurmcd that
any person is acting i n contraventian o f the provision of
subsection ( 1 ) the Commissioncr-General or the Additional
Commissioner-Gcncral or Commissioner or Dcputy
Cornmissioner or Assistant Commissioner may make an
application in writing, substantially in thc Form set out in the
Schedule to this Act to thc hlngistratcs Court within whosc
local jurisdiction such exten! of paddy land or any part thcrcof,
is situated and praying for the issue of an ordcr restraining
thc pcrson so contravening the provisions of subsection ( 1 )
and his agents and scrvants from acting i n contravention of
the provisions of subsection ( I ) .
(4) Every application under this section shall bc supported
by an affidavit verifying to the matters set forth i n the
application.

( 5 ) Upon receipt of the application the Magistrate shall

determine whethcr an act has bcen committed in contravention
of this section and upon arriving at such dctcrmination thc
Magistratc shall make an ifiterim order restrailling the pcrson
namcd i n the application and his scrwnts or agents from
acting in contravention 0 1 subsection (1) and shall forthwith
issue summons on the pcrson or persons namcd i n thc
application 10 appear and show cause on the date speci(lcd i n
such summons, as 10 why such person or and scrvants or
agents should nut h c rcstraincd, a s ~ ) r a y c dfor i n :he
application.
(6) ( a ) If on the date specified i n thc summons the person
to whom such suninions has bcen issucd fails to appcar or
informs the court that tic has no CRUSC to show against thc
issuing o f such order the court shall confirm thc intcrim ordcr.
( b ) I f thc pcrson on whom summons has hccn issued duly
appcars in court and states that hc has cause to show against
issuing of such ordcr, the Magistrates Court may procecd
forthwith to inquire into the sarnc or iiiay sct the casc for
inquiry on a latcr datc.

30

AgmriLui Ilevelopprnrnt A c t , N o . 46 of 2000

(7) Court sliall not be competent to call for any cvidcncc

f r o m the C om ni is s i on cr- Ge ne ral , or Add i t i on a I
C o m i n i s s i o n e r - ~ e i i e r ~or
i l Comniissioner or Deputy
Commissioner OL' Assistant Commissioner in support of the
application.

(8) If after the inquiry the Magistrate is not satisfied that

the person showing cause has liwful authority to fill the extcnt
of paddy land or removc any soil therefrom or crect a structure
thereon, he shall confirm the interim order made under
subsection ( 5 ) restraining such person and his servants and
agents from doing any act in contravention of this section.
(9) (u) Where any person is convicted for an offence under
subsectior. (2) of this section the Court may make order that
any implements, instruments, machinery or vehicles used in,
or in connection with, the commission of thc offelice shall be
forfeited to the State. Any implement. instrument, machinery
or vehicle so forfcited to the State slinll vest ill the State free
from all encumbrances. Such vcslirig shall takc effcct(i) where no appcal !:as been prcfcrred to the Court of
Appeal or ;t Hig!\ Court cstab!ishcd by Article 154P
oftlie Constitutio!? against the ordcr of forfeiture, upon
the expiry OF the pcriod within which an appeal
may be preferred to Court of Appeal or such High
Court ;
(ii) where an appeal has been prcfcrrcd to the Court of
Appeal or to the High Court established under Article
I54Pofthe Constitution against the order of forfeiturc,
upon thc detcrniinatio:i of the Appeal confirming or
upholilirig thc orc!cr of forfeiture.

( 0 ) 'iIie Commissioner-GeocraI shall takc possessioii of

any implement, instrument, machincry or vehicle vcstcJ in
the State under this sectio:i and may sell or otherwise disposc
of thc samc as lie may think !it. 'l'hc procccds of such sale
shall be crediicd to ih:: Agrn:kin hcvclopiiicnt Fund.

Agrarian Development Act, No. 46 of 2000

31

34. (1) No person shall use an extent of paddy land for

any purpose other than for agricultural cultivation except with
the written permission of the Commissioner-General.

Paddy lands
not be used
for purposes other
than agricultural
cultivation

(2) The Commissioner-General may at any time withdraw

such written permission by notice served on such person
having regard to the need to increase agricultural production
or for the contravention of the conditions attached to such
permission by the Commissioner-General.

(3) If any extent of paddy land is used by any person in

contravention of the provisions of subsection (1) such person
shall be guilty of an offence under this Act.
(4) Where the written permission under the provisions of
subsection (2) has been withdrawn the extent of paddy land
shall be restored, on or before a date specified by the
Commissioner-General, to the same condition as it was
before such written permission was given.
(5) Any person who fails to so restore the land as required
by subsection (4) shall be guilty of an offence under this Act,
and shall after summary trial before a Magistrate be liable to
a fine not exceeding twenty five thousand rupees and in default
of payment of the fine shall be liable to imprisonment of either
description for a period not exceeding three months.

(6) Where the offence is continued after conviction the

offender shall be liable to a fine of rupees one thousand for
each day in respect of which such offence is continued after
conviction. The fine so imposed shall be recovered in like
manner as a fine imposed by Court and shall be credited to
the Agrarian Development Fund.
35. (1) Where any extent of paddy land is cultivated with
any other agricultural crop as permitted under this Act,
Commissioner-General shall determine from time to time in
accordance with the provisions of this section, the rent to be
paid by the tenant cultivator of that extent of paddy land, to
the landlord, in respect of such extent.

Rent to be paid in
respect Of Other
agncu 1t ural crops.

32

Agrarian Development Act, No. 46 of 2000

(2) In determining the rent payable in respect of any extent

ofpaddy land cultivated with any other agricultural crop, the
Commissioner-General shall have regard to the cost of
production and the market value, uf such crop.

( 3 ) The rent determined under subsection (1) may vary in

respect of different administrative districts or in respect of
different parts of an administrative district.
(4) Where thc rent determined under subsection (1) is
computed on the basis of a specified sum of money 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 determined under subsection (1) shall be paid
within thirty days ofthe harvesting of the crop on such extent.
If the rent is not so paid such rent shall commence to be in
arrears on the first day after the said thirtieth day.

(6) Action may be taken in respect of the rent in arrears

for that extent, in accordance with the provisions of section
10 of this Act.
Permission given
to obtain mineral
resources in a
paddy land.

36. (1) Where the tenant cultivator of any extent of paddy

land refuses to give his consent to the owner of such extent of
paddy land to extract any IEineral resources from that extent
of paddy land, the Commissioner-General may permit the
owner of such extent of paddy land to use an extent not
exceeding twenty perches ofthat extent of paddy land for the
purpose of extracting such mineral resources during a specified
period of time. The permission granted under this section is
permission granted for the use of such extent of paddy land
and shall not be construed as a licence permitting the extraction
of such mineral resources.
(2) Prior to granting the owner of that extent of paddy
land permission under subsection ( I ) , the CommissionerGeneral shall order the landlord to pay the tenant cultivator,
compensation for the loss of possession of that extent for the

'

Agmriuvi Developmer1t Act, No. 46 of 2000

33

period o ftime during which the owner is given pcrmission to

obtain mineral resources from that extent of paddy land. In
determining the amount of compensation t o be paid the
Comrnissioncr-General shall take into consideration the
bushels of paddy which can be obtained from that cxtent ol'
paddy land during the period of time for which permission
has been granted.

(3) Where the tenant cultivator refuses to accept thc

compensation ordered under subsection (2), the compensation
shall be deposited with the Agrarian Development Council
within whose area of authority such paddy land is situatcd.

(4) When compensation is deposited with an Agrarian

Development Council under suhcection (3), the Council shall
inform the person to whom such compensation is due, by
letter sent by registered post, to take necessary steps to collect
such compensation within a period of six months of the date
of the letter.

(5) If such compensation is not collected by such p m o n

within the period of six months referred to in subsection (4)
such compensation shall be credited to the Agrarian
Development Fund.

(6) The permission granted by the Commissioner-General

under subsection (1) shall be deemed not to be an eviction of
the tenant cultivator from the occupation of such cxtent of
paddy land.
37. (1) There shall be established a Land Bank entrusted
with the possession of certain agricultural lands, under this
Act for all or any of the following purposes :(a) granting of such agricultural lands to cultivators who

can improve qg-icultural productivity of such

lands ;
(b) enabling agricultural lands which are not
satisfactorily cultivated to be cultivated according
to the provisions of this Act ;

Estahlishnient of
the Land Bank.

34

Agrariuri Developmerit Act, No. 46 of2000

(c) the provision of financial assistance to tenant

cultivators to purchase the ownership of the paddy
land i n respect of which they are the tenant
cultivators ; and

(d) enabling owners ofpaddy lands to purchasc thc right

of cultivation of such paddy lands, by the granting
of monetary assistance.

(2) Until a Land Bank is constituted undcr the provisions

of subsection ( I ) each Agrarian Development Council shall
discharge the functions of the Land Bank :
Provided that when an Agrarian Development Council is
discharging the functions of the Land Bank it shall act in
accordance with the directions of the Commissioner-General.

(3) Regulations may be made in respect of the powers

and activities, of the Land Bank.
PART I11
APPOINTMENT AND POWERS AND DUTIES OF THE COMMISSIONERG ENERAL , THE ADDITIONAL
C OMMISSIONER -G ENERAL , THE
C OMMISSIONERS, THE DEPUTY C OMMISSIONERS, THE ASSISTANI'
C OMMISSIONERS A N D A GRARIAN DEVELOPMENI
OFFICEKS
Appointment of
ComrnissionerGeneral,
Additional
ComrnissionerGeneral Deputy
Commissioners,
Assistant
Cornniissioncrs
and Divisional
0fli cers .

38. ( 1 ) There shall be appointed for the purposes of this

Act a Commissioner-Gencral of Agrarian Development.
(hereinafter referred to i n this Act as the CommissionerGeneral), and every reference in any other law to the
Commissioner of Agrarian Serviccs shall be decmcd to be a
rcfcrence to the Commissioner General.
(2) There may be appointed an Additional CommissionerGeneral, Commissioners, Deputy Commissioners, Assistant
Commissioners, Agrarian Development Officers and other
officers as may be necessary for the purposes of this Act.

(3) T h e Additional Commissioner-General a n d

Commissioners of Agrarian Development may exercise all
or any of the powers ofthe Commissioner-Gcncral undcr this
Act.

Agrarian Developnient Act, No. 46 of 2000

35

(4) Every Deputy Commissioner may exercise all or any

of the powers of the Commissioner-General under this Act,
within the area to which such Deputy Commissioner is
appoinred.
(5) Every Assistant Commissioner may exercise all or any
of the powers of the Commissioner-General under this Act,
within the area to which such Assistant Commissioner is
appointed.
(6) Every Agrarian Development Officer expressly
authorized to do so by the Additional Commissioner, the
Deputy Commissioner or the Assistant Commissioner within
whose area, the area of authority of such Agrarian
Development Officer falls, may exercise all or any of the
powers of the Commissioner General under this Act, within
the area to which such Agrarian Development Officer is
appointed.

(7) T h e Additional C o m m i s s i o n e r General, T h e

Commissioners, the Deputy Commissioner General, every
Assistant Commissioner and every Agrarian Development
Officer shall in the exercise of his powers and the performance
of his duties under this Act, be subject to the direction and
control of the Commissioner-General.
PART IV
ESTABLISHMENr OF A GRARIAN T RIBUNALS

39. (1) There may be appointed for every administrative

district or for one or more administrative districts, one or more
Agrarian Tribunals consisting of not more than three persons,
appointed from among retired Judges or attorneys-at-law with
more than seven years experience or persons who have had
seven years experience at the executive level in the field of
agriculture.

(2) Where a member of an Agrarian Tribunal vacates office

by reason of death, resignation, removal from office, absence
from Sri Lanka or ill health, another person shall be appointed
to act in his place.

Establishment of
Agrarian
Tribunals .

Agruriuri Development Act, No. 46 of2000

36

(3) Evciy member of Agrarian Tribunal $hall unless he

earlier vacates his office, hold office for a period of two
years

Provided that( a ) a person appointed in place of a member who has

died, resigned or been removed from officc, shall

hold officc for the unexpircd period o f t h e term of
office of the member whom he succeeds ; and
(12)

a person appointed to act for a member who is absent

from Sri Lanka or is ill, shall hold officc for the
period of absence or illness of such member.

(4) A member vacating office by effluxion of time shall

bc eligible for re-appointment.
( 5 ) The quorum for
shall be two.

meeting of ail Agrarian Tribunal

(6) There may be appointed to every Agrarian Tribunal a

Secretary.
(7) An Agrarian Tribunal may examine any witness on
oath if it thinks fit so to do, and may summon any person to
appear beforc it or to produce any documents which in the
opinion o f the Tribunal, may be relevant to the application,
complaint or reference being inquired into by the Tribunal.

(8) If any person upon whom a summons issued by an

Agrarian Tribunal has been served( a ) fails without reasonable cause to appear beforc the

Agrarian Tribunal at the time and place mentioned

in such summons ; or
( b ) refuscs without rcasonable cause to be sworn, or
having been sworn, fails o r rcfuses without
rcasonable causc to answer any question put to him
by a membcr of the Agrarian Tribunal touching the
inatters being inquired into by such Tribunal or
willfully gives a false answer to any such question ;
or

Agrarian Development Act, No. 46 of 2000

37

(c) fails or refuse without reasonable cause, to produce

before the tribunal any document which is in his
possession or power and which he has been required
to produce,
he shall be guilty of an offence under this Act and shall on
conviction after summary trial before a Magistrstc be liable
toafine not exceeding one thousand rupees or to imprisonment
of either description for a term not exceeding six months or
to both such fine and imprisonment.

(9) An Agrarian Tribunal sliall inquire inlo all applications,

complaints or appeals referred to it under this .4ct and shall
inform the parties thereto and the Commissioner-General of
its decisions thereon.

(10) Acertificate issued by the Agrarian Tribunal that any

person has acted in the manner set out in subsection (S), shall
be prima facie proof of the facts stated therein.
(1 1) Regulations may be made setting out the manner in
which applications, complaints or appeals to an Agricultural
Tribunal shall be made, the particulars to be included in any
such application, complaint or appeal and the procedure to
be followed at meetings of the Tribunal.
40. A decision made upor, an application, complaint or
reference at a meeting of thc Agrariari Tribunal by a majority
of the members of the Agrarian lribmal shall bz deemed to
be the decision of the Agrarian Tribunal.

The decision of
the*grarian
Tribunal.

41. (1) Where any party lo any sucl? apTlication,

complaint or appeal has not preferred an appeal to the Court
ofAppeal against the decision of the Agrarian Iribunal within
thirty days of the receipt by him of the notice of thz decision
of the Agrarian Tribunal, the decision of the Agrarian Tribunal
shall be given effect to.

When the decision

of an Agrarian
Tribunal shall be
executed.

(2) Where any such party has preferred an appeal to the

Court ofAppeal against the decision of the Agrarian Tribunal,
within thirty days of the receipt by him of the decision of the
Agrarian Tribunal, the decision of the Court of Appeal once
given shall be given effcct lo.

38
Right o f Appeal.

Agrarian

Development Act, No. 46 of 2000

42. The decision of an Agrarian Tribunal on any

application, complaint or appeal referred to it, shall be final :

Provided that an aggrieved party may prefer an appeal to

the Court of Appeal within thirty days of the receipt by him,
of such decision, on a question of law.

PART V
INSTITUTIONAL S TRUCTURE OF F ARMERS ORGANISATIONS
Establishment of
Farmers
Organisations.

43. ( I ) There may be established one or more Farmers

Organisations for any area determined by the CommissionerGeneral and consisting of persons who are eligible to be
members thereof.
(2) Thc Commissioner-General shall where an application
on that behalf is made to him by a Farmers Organisation,
register such Farmers Organisation. Upon registration the
Commissioner-General shall assign a number to such Farmers
Organisation :
Provided that the Commissioner-General shall not register
a Farmers Organisation for any area under a major irrigation
scheme or for any area which comes under the area of authority
of a public corporation, except with the concurrence of the
Secretary to the Ministry of the Minister in charge of Irrigation
or such public corporations, as the case may be.
(3) Every registered Farmers Organisation shall be a body
corporate having perpetual succession and a common seal
and may sue and be sued in its corporate name.
(4) Evcry person whose livelihood is agriculture shall be
eligible for membership of a Farmers Organisation
established under subsection ( l ) , if-

(a) he is a citizen of Sri Lanka ;

( h ) he is not less than sixteen years of age ; and

Agrarian Development Act, No. 46 of 2000

(c)

39

he is a resident of the area of authority ofthe Farmers

Organisation in which he is seeking membership or
he has been engaged in agricultural activities in that
area of authority for a period excceding two years.

(5) Associate membership of a Farmers Organisation

established under subsection ( I ) may be obtained by( a ) an owner or occupier of agricultural land within the

area of authority of the Farmers Organisation, whose

main livelihood is not agriculture ; or
( h ) any person who is engaged in any production relating
to agriculture or in the marketing of agricultural
producc or goods.

(6) Every Farmers Organisation shall elect its own office

bearcrs. Rcgulations may bc made in respect of the manner
of clection of office bearcrs and their terms of office, manner
oftransaction of business at mectings of the organisations,
functions of thc organisations, maintcnancc of the accounts
of the organisation and audit of such accounts.
(7) Pcrsons not eligiblc for cnrolment as members of a
Farmers Organisation under this section shall be cligible for
enrolment as observers.

(8) Any Farmers Organisation may when necessary for

the purposes of this Act call meetings of owner cultivators
and occupiers of agricultural lands within its area of authority
or of its members.
(9) A General Meeting o f the members of a Farmers
Organisation shall be callcd in cvcry year. When a Farmers
Organisation fails to convcnc a general niceting at least once
in two years, thc Agrarian Development Council of that area
shall havc the power to convcne.such meeting.
(10) Regulations may be made setting out the manner of
election of the Committee of a Farmers Organisation, the
terms of office of the members thereof, the transaction of
business at meetings of the Farmers Organisation, removal

or resignation of members o! the C&imittee, the staff of a

Farmers Organisation, filling up of vacancies, the quorum
for il meeting of the Fzrrncrs Organisatim, thc e n d i n g of
rrcmbers of a Femcrs Organisat ion, the recsvcry of
mcmbcrship fees, conveiling of mcctings of owncr cultivators
and occupiers or me~nbers,arid the procedure 10be folI!)wcd
at such mcetings.
CornmissionerGeneral may
examine accounts
of Farmers
Organisations.

44. ( 1 ) The Commissioncr-Cencral o r a representative

authorised generally or specially in that bchalf shall be enti!lcd
to examine the accounts of every Farmers Organisation.

(2) The Funds of a Farmers Organisation shall be

deposited in an account in a prescribed Bank.
(3) Rcgulatiofis may be made in respect of the manner in
which accounts of a Fanners Organisation shall be maintained
and the persons responsib!e for maintaining such accounts.
Fanners
Organisations to
have the power to
obtain loan
facilities.

45.
((1

( I ) Every Famiers Organisation may-

1 obtain loans cr advances, from prescribed Banks or

State Ins!itutions ;

(I?) obtain loans from prescribed banks or State

Institutions for its members under joint loan schemes
on the basis ofrecovering and paying bank such loans
within a prescribed pxiod ;
acquire, hold, take or give on lease or hire, mortgagc,
pledge, sell or otherwise dispose 01, any movable or
immovable property ;
utilize the moneys of a Farmers Organisation in the
performance of its duties ;
utilize the moneys obtained in the exercise of its
powers to give loans to its members.

( 2 ) A Farmers 0ig:lnisation may obtain deposits from

its members and utilisc the same to grants loans to its
members.

Agrnriaii Devc1opiiie:it Act, No. $6 cj.?OOO

41

(3) When a member of a Farmers Organisation gives

fourteen days notice to the organisation that he intends to
withdraw any money deposited with the organisation, the
Farmers Organisatim shall pay tliat mernbcr the money so
deposited with interzst thcreon.
(4) Regulations may be made prescribing the nianncr
in which the powers conferred by this section may bc
exercised.
46. It shall be the duty of a Farmers Organisation to
encourage small groups of farmers lo organise themselves
together having regard to the agricultural activitics carried on
by them or the rclationships amongst them.

Sinall groups of
farmers.

47. Every Registercd Farmers Qrganisation est:hlished

in an Agrarian Development Council Area sha!l clect a
representative or representatives to represent its mcnibcrship
in the Agrarian Develop!nent Council cstnblished for that arca.

Faimcrs
Organisationto
appoint a member
to the Agra,ian
r>eveloprnent
Council

48. Every Farmers Organisation shall assis: the Agrarian

Devclopment Council i n thc following manner :-

Farmers
Organisation to
assist the Agrarian
Development
Council

(a) by inducing the owner cultivators and occapiers of

agricultural lands within its arca o i authority to

cultivatc lheir agricuitural lands i n accordance with
the provisioi?s of !his Act and by formulating
programmes for the cultivation of paddy lands for
each season and by formulating annual prograninies
for the cultivation of high lands ;

(6) by collecting information and inaking reports

regarding agricultural larids within its arca authority
which arc not being satisfactorily cul!iv,?tcd ;

(c) by collecting d a l j regarding agricultural l a n k ,

agricultural machinery arid agricultuiai animals rind
inland fish i n its area ofauthorily and fwnishing such
data to the Agrarian Development Council ;

42

Agrarian Developiretit Act, N g . 46 of 2000

(4 by encouraging soil conservation,efficient water use,

fl?c usc of compost mmure, within its area of
authority acd by reconiinending the cultivation of
agricultural crops which ait, ,Gcommended for that
area, and Ihe brecding of such breeds of livestock
and icland fish as are best suited for that area ;

( e ) by takirig mcasures to cnsure that such crops and

anim?!s are frec from discnscs and pests ;
(/) by implementing programmcs to educate owncr

cultivators, occupiers and agriculturalists in its area

of authority, and by encouraging them to adopt
methods which arc cnvironnientally friendly.
Farmers
Organisations to
submit
information of
owner cultivators
and occupiers to
Agrarian
Development
Councils.

49. ( I ) Every registered Farmers Organisation shall

prepare annually in duplicate a register of information of the
owner cultivators and the occupiers of agricultural land in its
area of authority and deliver it to the Agrarian Development
Council.

Cancellation of
Registration.

50. ( I ) The Co!nn~issioner-Cencral may cancel the

registration of a Farmers Organisation aiid appoint a
liquidator or liquidators to wind 14)its affairs if-

( 2 ) It shdl be lawful for a registered Farmers Organisation

engagc in the supply of goods and
. , ..-services relating to
agrical ture.

(n) the number of niembcrs of that Farmers

Organisation bccomes less tlian twenty five ;

(b) the Farmers Organisation has not been functioning

for ;Iperiod exceeding one year from the date of its
registration ; or
(c) not less than one fourth of the number of members
of that Fa~mersOrganisation makes an application
to the Commissioner-General stating that the
Fanners Organisation has acted contrary lo the
objcctives ofthe Fxmcrs Orzanisatim, or has failed
to act for ihc w c l f m of its members.

Agmriari Deve1oprne:ir Act, No. 46 of 2000

43

(2) Notification of such cancellation shall be published

in a Newspaper circulating i n the Sinliala, Tamil and English
languages respectively.

(3) The liquidator or liquidators appointed to w i d up (he

affairs of the Organisation shall have the power todecide any question relating to priority among the
creditors of the Organisation ;
sell the property of the Organization ;
compound any claims by or against thc Organisation
with the prior approval of the CoinmissionerGeneral ;
arrange for the distribution of the ilssets of the
Organisation in the prescribed manner.

(4) In the liquidation of the Organisation its lunds shall

be applied first to settle the cost of liquidating and then to the
discharge of its liabilities. Acy surplus remaining after the
closure of the liquidation shall be credited to the Agrarian
Development Fund.

PART VI

A GRARIAN

DEVELOPh!ENT COUNCILS

51. (1) There shall be established an Agrarian

Development Council and the office of that council shsll be
established in the agrarian center for each such area as may
be determined by the Commissioner-General.

(2) Every Agrarian Development Council shall be a body

corporate with perpetual succession and a cornino~seal and
may sue or be sued i n its corporatc name.

Establishment of
Agnrian
Development
Councils,

44

Agrarian Develuprnent Act, hr0. 46 of 2000

(3) Every Agrarian Development Council shall consist of(i) at least one representative each from each Farmers
Organisation established under this Act i n the
Agrarian Developiiient Area for which that Council
is established : and

(ii)

such number of persons appointed by the

Commissioner-Ger.eral to represent government
depaitmcnts and public corporations engaged in the
lield of agriculture in that Agrariin Development Area.

(4) A person appointed to be a member of an Agrarian

Development Council by the Commissioner-General under
subsection 3 (ii) shall not have the power to vote at any
meeting ofsuch Council.

(5) The term of office of a member of an Agrarian

Development Council shall be two years, provided however,
that a member who ceases to hold office by eftluxion of time
shall be eligible for re-appointment.
(6) ( a ) A person appointed as a member of an Agrarian
Development Council under subsection (3) (i) may resign his
office by a letter addressed to the Agrarian Development
Council, the Commissioner-General and the Farmers
Organisation which he represents.
(6) Where a representative of a Farmers Organisation
vacates office, such Farmer; Organisation shall appoint
another person in !iis p l x e .

(c) The member so appointed shall hold office for the

unexpired period of the term of office of the member whom
he succeeds
(d) When a member of an Agrarian Development Council
fails to attend three consecutive meetings of such Council
without reasonable cause, such Council shall(i) if he is a member appointed under subsection (3)
(i), terminate his appointment and inform, in writing,
the Farmers Organisation which such member
represented, of such termination and appoint another
member in his place ; and

(ii)

if hc is ii rnembcr appointed under subsection (3)

(ii), inform thc Comrnissioncr-Genzi.al of such
termination, and appoint another nicrnbcr in his
place.

( 7 ) Regulations may b c made with regard !o thc

appointment of thc Chairman of thc Agrnrim Development
Council, the duties of the Chairman and rhe appointment ot
standing cornmittces and thc clcction of thc Secretary and
the Treasurer.

52. ( 1 ) Every Agrarian Developmcnt Council shall

before cvery cultivation season fromulate an agricultural
programme for its Agrarian Developrncnt area and prepare
necessary dcvclopment plans. A copy of same sliall be
submitted to the Divisional Agriculturc Committee.
(2) Without prcjudicc to thc gencrdity of thc provisions
of subscction ( I ) an A4gricultwcDe\relopmcnt Council shall
have the powerto acquire, hold, lakc or give on lcnsc or hirc,
mortgage, pledge, sell or othcrwise dispose of, any
movable or immovable property ;
subject to the provisions of subsection (1) to impose
on, and recover from the owner cultivators or
occupiers of any agricultural land within its area of
authority, an acreage tax based on the exter?tof such
agricultural land, and to recover other charges for
services rendered under this Act ;
to form Farmers Peoples Companies ;

to purchase shares in Farmers Peoples Companies ;

assiat and encourage farmcrs to m a i n t m farmers
market places ;
to promote Farmer>Organisations and small farmer
groups ;

Functions of

*grarian
Developtncnt
Councils

(vii) to educate Fanners Organisztions and agriculturists

by means of workshops ;
(viii) to act as a guaranter ior registered Farmers
Organisations which obtain loans from prescribed
banks or from Statc institutions ;
(ix) to give advances in money to registered Farmers
Organisations as approved by the CommissionerGeneral ;
(x)

to givc loans, to registered Farmers Organisations

or to groups ofs:tiall 1:Iirners or to owtier cultivators
or occupiers 0 1 agricultural land, within its ;ilea of
authority ;

(xi) to act as agents of coinrnercial organisations or

companies engaged in agricultural activities ;
(xii) to iinplcment programmes initiated by the Ministry
of the Minister i n c h a r g c of the subjecl of
Agriculture ;
(xiii) to maintain an account in a prescribed bank and to
operate such account in accordance with instructions
issued from time to time by the CommissionserGeneral ;
(xiv) to utilise its funds to repair, maintain 2nd devdop
irrigation works within its area of authority ;
(xv)

Registers of
Agricultural
lands.

10provide

finxicial assistance to trained officcrs and

farniers with :I i k v to developing agriculture.

53. (1) Evcry Agr:iria:i Dc:elopil:ent Council shall prcpare,

amend and maintain, a register ofthc agricultural lands within
its area of authority :

Piovided that, the first rzgibter rcl:zting to agricul t u r d

lands within the x e a of authority of such Council slidl be
prepared and cerlifiecl by the Commissioner-Gciieral.

Agrarian Dei9zlopnientAct, No. 46 qt'2000

47

(2) Every such register shall contain the name x i d extcnt

of each agricultural land, the name of thc landlord, thc
occupier, or owncr cultivator, as the c L wmay hz, and such
other particulars as rnny be prescr i h d

( 3 ) An application to aincnd itn A-ricuilsral Lands

Register by entering the narnc of a new tellant cultiva:cr in
respect of an extent ot paddy land inclitded in the rcgister
shall be made i n wriling to the Commissicner General and it
shall be acconipaiiied by a letter froin tliz o\v:icr consenting
to the registration of'th,: applicant as tlic tenant cu!tivamr i n
respect of that extent of paddy land, and the ComciissioncrGeneral shall make order thereon.

(4) (a) The Commissioner-Genera1 shall inspect and

certify every such register once i n every threc years after the
date of commencement of this Act.
(b) The Agricultural Lands Register shall kept ope11 for
public inspection in the months of January and July of cvery
year.

(5) When the Cornmissioner-(;cr.cra; i\ sitisfied that

certain information in respect of 311 agr!cultcral Imd has Got
been enizred in the Agricultural Lands licgister n:r:intai!?ed
in the area where the Imd is situatscl, the ConiinissimerGeneral shall, after hearing any parties affccted. have thc
power to enter the particulars relating to h a t agric!iIiui.al land
in the Agricullural L x ~ d Register.
s
(6) An entry in a register piepared or amended undcr thc
provisions of this section and which is for the time being in
force shall be admissible in evidence and, shall beprirnefacie
proof of the facts stated therein.

(7) A person who is aggrieved by a decision rnadc in

respect of an application to amend the Agr-iculturz! Lands
Register may forward an appeal ir. writing to the Agricultural
Tribunal of the area where !he land is istuarcd with a copy to
the Agriculture De veiopinent Counci I .

(8) T!ie Order of the Agrarian Tribunal in respect of such

appeal regarding the anicndnient of thc Agricultural Lands
Register, shall bc final and conclusive.
(9) Regulations may be rnade i n respect of the procedure
to be followed i n preparing, or aincnding or maintaining the
registcr mentioned in subsection ( I ) and the procedure for
appcals in respect of amendments, and i n respect of the
preparation of Rotation Paddy Land Re,'oisters.
Agrict~lturaligsto
give information
to Agrarian
Development
Council.

54. (1) The owner cultivator or occupier of every

agricultural land shall in writing, inform, the Agricultural
Development Council within whosc area of authority such
land is situated, the prescribed particulars regarding such
agricultural land, the ownership, the occupation for the lime
being aiid all agricultural activities carried out thereon, within
such period as may be spccified by such Council.
(2) Where the Agrarian Development Council informs the
Commissioner-General that any occupier cultivator or
occupier has failed to comply with the provisions of subsection
(I), the Commissioner-General shall cause an inquiry to be
h d d by the Agrarian 'Tribunal established for that area.

( 3 ) The Agrarian Tribunal shall determine whether the

owner cultivator or occupier has contravened the provisions
of subsection (1) and the Agrarian Tribunal shall forthwith
inform the Commissioner-General, and the Agrarian
Developrnent Council of its decision in writing by registered
post. Where the Agrarian Tribunal determines that a owner
cultivator or occupire has contravened the provisions of
subsection (I), the Tribunal shall require him to pay a penalty
of one thousand rupees to the Agrarian Development Council.
(4) If any person defaults in the payment of the penalty
imposed on him under subsection ( I ) , the Agrarian
Development Council or any officer authorised on that behalf
may make an applicatiorl to the Magistrate's Court within
whose jurisdiction such agricultural land is situated, to recover
that sum of money as though it were a line imposed by court
and the sum of money so recovered shall be paid to the
Agrarian Development Coanc i I.

Agrarian Develqniietit Act, N o . 46 of 2000

49

(5) A certificate from the Agrarian Tribunal to the effcct

that such sum of money is due to the Agaraiun Developm.-nt
Council lrom the person specified thercin for contravention
of the provisions of subscction ( I ) , shall be p r i m jucie
evidcnce that such sum of money is due to the Agrarian
Development Council from such person.

55. ( I ) Every Agrariar; Development Council shall in

accordance with the directions of the Commissioner-Gcncral,
cause a survey to be made, of the Agricultural lands within its
area of authority.
(2) The Agrarian Development Council may recover thc
proportionate costs of surveying the agricultural laiids within
its area of authority, from the owrlers or occupiers of thosc
agricultural lands, and it shal! be the duty ofsuch owners and
occupiers to pay the same.

(3) When any person defaults in the payment of the costs

of survey required to be paid by him under the provisions ol
subsection (2), the Commissioner-General on being informed
in writing by the Agrarian Development Council of such
default, shall cause the Agrarian Tribunal of the area to hold
an inquiry in respect of such default.
(4) Where the Agrarian Tribunal determines that any
person has defaulted in the paymcnt of the costs of survey
required to bc paid by him under subsectiot? (2), the Tribunal
shall order such person to pay such costs to the Agrarian
Development Council before a specified date. Copies of such
order shall be sent to the Commissioner-General and the
Agrarian Development Council.

(5) When any person defaults in the payment of the costs

he is ordered to pay under subsection (4), the Agrarian
Development Council or any officer aurhorised in that behalf
by the Council may apply to the Magistrate's Court within
whose jurisdiction such person resides for the recovery of
such costs in the same manner as a fine imposed by such
court and the costs so recovered shall be paid to the Agrarian
Development Council.

Survey of
ngrlcultural lands.

50

Agruriaii Develoimerit Act, No. 46 of2000

(6) A certificate of the P.gr:irim Tribunal that the sum of

momy specified therein is due to be paid t o the Agrarian
Dcvelopment Council as costs of survey by tlic person
specii'ied therein shall be p r i m / f o c i ~evidence of thc facts
stated therein.
Recovery of
acreage tax.

56. ( 1 ) Every owncr or occupier of agricultural land

who is required to pay acreage tax to the Agricultural
Development Cuuncil shall pay such tax to the Agrarian
Development Council on or before the thirty first day of March
each year.

(2) If any person fails to pay the acreage tax for any year
in accordance with the provisions of subsection ( I ) he shall
be deemed to be in default.

(3) Where any person has defaulted in the payment of the

acreage tax the Agrarian Development Council shall by a
written notice require him to pay such tax on or bcforc thc
date mentioned i i i such noticc.
(4) When th,: Commissioner-General is satisfied after
inquiry that a person to whom a notice has bccn scnt
under subsc,c:ion ( 3 ) , lias defaulted in the payment of the
sum of money mentioned in such notice within the period
allowed therefor and thnt such skim is due as acreage tax
such sum sha!I on application madc by an officer authorised
i n t h n t behalf by ( h e Conimissioncr-Gcncral to the
Magistrate's Court within whose jurisdiction such land is
situatcd, bc recovered i n the same manner as a fine imposed
by such court.

( 5 ) A certificate issued under the signature of the

Commissioner-General or of any officer authoriscd in that
behalf for the purpose of subsection ( 3 ) ,stating that the sum
of money rnentioned therein is due to be paid to the Agrarian
Devclopmeiit Council by the person whose name is specified
in suxh Certificate. as acreage tax shall bc pririzufiicie evidencc
that such sum of ii:oney is dud to be paid to the Agrarian
Development Council by such person.

Agruriuri Deve!opnient Art, No. -16 of 2000

51

57. ( I ) When any person who has defu;!!!eci i i i the

payment of a loan given to him by an Agrarian Dcvi.!opilient
Council or by a Farmers' Organisaiion, such Council or
organisation may by a written notice by registered post require
such person to repay such loan within the period incntioned
in such notice.

Loans givcn by
Organisations and
by ~ \ p r a r i a n
De\tclopnlrnt
Councils to be
I-ccoverablc.

(2) When the Commissioner-(;enera1 is informed in

writing that a person to whom a written noticc has been sent
under subsection ( I ) , has failed 10 pay the surn 01' money
spccificd in such notice within the period specified tnercin,
the Commissioncr-Gene1 a! s!i~?!Icause {hcAgrarian Ti-ibcnal
to hold an Inquiry i r i rcbpcct o f that i!ia!ter.

(3) Where the Agrarian Tribiinal dctamiines that rlny

pcrson has dcfaultcd in rhc payment o f n lo:w givcn to him by
the Agrarian L)evelopn?cnt Council ,)I' a Farmers'
Organisation, it shall by written noticc require such person to
pay the sum in def;lu!~within a spccificil prrlod ( ~ timc.
f
(4) Where a pel-son fails to pay a s w i oi'inonq Iic is required
to pay by a notice under subsectioii (3) within the period
specified in such notice, an appliciition shall bc made by lhc
Agrarian Dcve lopmen t Counc i1 or thc Farners ' Organ is 1stion
to the Magistrate's Court within whose jurisdiction such person
resides or the land I n respect of which the !oan has been given
is situated and such siim of money shall b: rccovered in rhe
same manner as :i fine imposed by such Court.
( 5 ) A certificate und~crthe h m d o f the Agrariaa Tribunal
to the effect the sum of!x(jr::g' stztctl thcrcin is duc from the
person specificd thcrcin 2s repayincnt ofn 1mi:; s!iaIl he p r i r : ~ ~
Jircie evidence of the facts stared the~-cin.

58. ( 1 ) The accounts of evcry Agraii%li Development

Council shall be maintained in such I'oIm a d shzli contain
such particulars as the Commissioncr-Gcrieral may with the
concurrence of the Minister in chxge o f thc szkiccr of Pinalicc
for the lime beiiig specify. TI;; iiccoui~tsof' every Agi-arian
Dcvclopment Council foi. eaci: y c shsli
~ be audited by the
Auditor-General.

Audit and
accounts.

52

Agrariarr De\wloptrent A d , N o . 46 of 2000

(2) 'The accounts of every Agrarian Development Council

shall be maintained by the Administrative Co-ordinating
Secretary who has been appointcd to such Agrarian
Dcve!opmenl Colincil on the dircctions ofthe Commissioner(3ci:cral.

(3) 'I'he Co-ordinating Secretary of an Agrarian

Development Cotincil shall ni:tkc the accounts of the Council
available for inspection by the niembcrs of such Agrarian
Development Counci!.
Audit of Accounts
of Agrarian
Development
Council.

59. (1) Article 154 ofthc Constitution shall apply to the

audit of the accouiits of every Agrarian Development Council
as if such Council werc a pgblic corporation within the
meaning of the Constitution. However, there shall not be any
obstacle to the Cominissioncr-General setting out the auditing
procedure to be followed by any of tlie above Councils.
(2) The Auditor-Generd shail disallow every item of the
accounts wliich in his opinion is irregular or unlawful and
recornmcnd that the Commissioner-General surcharge the
same on the officer o r employee of such Agrariar
Developnicnt Council making or effecting such payment and
that the Coiniiiissioncr-Ceneral charge against any officer 01
employee any sum which ought to have been but is not broughl
into account by such offii-er or cmployce. The Commissioner.
Gctieral sl:ali thereupon ccrtify thc amount due from suct
person.
(3) Prior to certifying any such surcharge or disallowance
the Conimissionzr-C;cncr31 shall nctify such person of thr
proposed surcharge or Jiszllowaiace and afford such persor
an opportunity to make representatioiis or be heard againsi
sucti surcharge or d i sal I ow ancc. The CoI nm iss i oner-General
shall thereupon inform such person of his decision togetha
with his. reasons therefor.
(4) Where a surcharge or disallowance against any persor
has been certified by the Commissioner-General such
certificate shall be conclusive proof of the matters stated
therein.

( 5 ) Any person aggrieved by any surcharge o r

disallowance may within thirty days ofthe datc on which the
decision of the Commissioner-Ceiieral is communicated to
him appcal against thc dccision to the Secretary to the
Ministry of the Minister with :i copy of !hc appeal to the
Commissioner-General. I t shall be lawful for such Secretary
upon any such appeal to decide the questifin a! issue according
to the merits of the casc.

(6) The Secrctary to the Ministry of the Minisicr may by

order, direct the rccovcry from thc person making such appeal
the wholc o r any portion of the amount surchargcd or
disallowed, as thc case may be, if he thinks that there are
grounds therefor, and i f he finds that the surcharge or
disallowance has bcen lawfully made but i n the particular
circumstance of thc casc it is f:;ir and eql;itable that thc
surcharge or disallowance be remitted, 111:may, by order, direct
that the same shall tie rcmitted but that the amount of the
costs and expenses which may have been iiicurred by the
Commissioner-Gcneral in the enforcing of such surcharge or
disallowance or such portion of it as may be determined by
the Secrctary, shall bc recovered from s:icli person.
(7) Upon receipt o f the certificate regarding the surcharge
or disallowancc or the dccision of the Secertary made upon
an appeal the Commissioner-General shall by a notification
sent by rcgistered post require such person to pay the sum set
out in thc notification bcforc tlic date specified therein, being
a date not latcr than three months froni the datc of the
notification.

(8) Where any pcrson fails to comply with the

requirements of a notification under subsection ( 7 ) , the
Cornmissioncr-General shall file a certificate setting o u t the
details ofthc sum ofmoncy that is due, the iianie of the person
and his last known placc of residence and the Magistrates
Court within whose jurisdiction such place of residence is
situated and such sum shall be recovered froni such person in
like manner as a fine imposcd by such Court.

54

Agrarian Developtiletit Act, No. 46 of2000

(9) All sums of money paid or recovered under this section

other than the money paid or recovered as costs or expenses
incurred in enforcing a disallownace or a surcharge, shall be
creidkd to the Agrarian Development Fund.
Establishment of
the Farmers
Organisations
District
Federation.

60. ( 1 ) T h e r e may be established a F a r m e r s

Organisation District Federation for each district by the
Agrarian Development Councils which have been established
within such district. Every such Fanners Organisation District
Fedcration may be registered under a name to be designated
by the Commissioner-General.
(2) Every Agrarian Dcvelopmetn Council in a district shall
elect two representatives to the Farmers Organisation District
Federation establishcd for that District.
( 3 ) There shall be appointed by the Commissioner-General
to every Farmers Organisation District Federation such
number of persons as are connected to the field of agriculture
in the district, to represent government departments and pablic
corporations in the Federation. Such person shall not be
erititlcd to vote at mectings of the Farmers Organisations
District Federation.

(4) From and after the date of registration of a Farmers

Organisation District Federation under subsection ( l ) , such
Fcdcration shall be a body corporate with perpetual succession
and a common seal and shall be able to sue and be sued in the
name under which it has been registered.

(5) No act or proceeding of a Farmers Organisation

District Federation shall be deemed to be invalid by reason
only of the existence of any vacancy among its members.
(6) E\,ery Farmers Organisation District Federation shall
cause a meeting of its members to be held annually.
(7) The Commissioner-Gc,neraI shall appoint a Coordinating Sccretary to every Farmers Organisation District
Fcdcration.

Agrarian Developi?ieritAct, No. 46 of 2000

55

(8) Regulations may be made in respect of the duration of

the term of office of members of the Federation, the vacstion
of office by such mcmhers, meetings of the hieration and
the procedure to be followed at such mcctings.

61. ( I ) Every Farmers Organisstion District Federation

shall assist in the review of agricultural activities in the District
and assist in the carrying out of agricultural policizs of the
government \vithi:~ the Discrici.

The powen and

f~~nctlong
of
Farmers
Organisations
Distnct
Federation

(2) Without prejudice to thc generality of the provisions

of subsection ( I ) , a Farmers Organisations District Federation
shall have the power to-

(a) to acquire, hold, takc or give on Icase. or hire,

mortgage, pledge, sell or otherwise dispose of, any
movable or immovable property ;
(6) to fcrrni Farmers Peoples Companies ;
(c)

to submit proposals and vicws i n respect of

Government agricultural policies to the: Sri Laiika
National FarmersOrganisation Federation:

(d) to selrect three represcrtatives to the Sri Lanka

national Farmers Organisalion Federation.

62. Every Farmers Organisation District Federation

may--

(a, collect a membership fees from all the Farmers

Organisations witf!in the district, for its activities ;
(6) obtain assistance by way of loans or otherwise for
carrying out its activities ;
(c)

maintain ail account i n a prescribed ban!. ;

(4 require

the treasurer LO mairrtailt r?lccouiits cf [he

incom:: arid rxpepditure nf the Fedzr ;I t: a 1 ;

h!elnhership fees
Bc.

56
Maintaining of
accounts of a
Fermers
Organisation
District
Federation.

Agrariarl Developmetit Act, No. 46 of 2000

63. ( I ) Every Farmers Organisation District Federation

shall maintain its accounts in the manner prescribed by the
Commissioner-Gcneral. The Cornniissioner-General shall
make provision for the auditing of such accounts.

(2) Thc Commissioner-General or any officer authorised

by him may examine the books and accounts of a Farmers
Organisation District Federation.
(3) For the purposes of subsection (2) a Farmcrs
Organisation District Fedcration shall submit all the nccessary
books, documents, and accounts and shall give all such
assistance as may be necessary for the purposes of the
examination referred to in subsection (2).

Establishincnt of
Farmers
Organisation
Provincial
Federations.

64. ( 1 ) The Farmers Organisation District Federation

in a Province may establish a Provincial Federation for that
Province.

(2) Thc provisions regarding the Farmers Organisation

District Federation shall, niiitatis rriuraridis, apply to Farmers
Organisation Provincial Federation.
Establishment of
Sri Lanka
National Farmers
Organisat;on
Fedcration.

65. ( 1 ) Thc Farmers Organisation District Authorities

in the Isalnd may cstablish a Sri Lanka National Farmers
Organization Federation. The Sri Lanka National Farmers
Organization Federation shall be rcgistered by the
Commissioner-General.
(2) The Sri Lanka National Farmers Organisation
Federation shall consist of three representatives cach elected
from every Farmers Organisation District Authority.

(3) From and after the date ofregistration of the Sri Lanka
National Farmers Organisation Fedcration under subsection
( I ) such Federation shall be a body corporate with perpetual
succession and a common seal and shall be able to sue and be
sued under the name assigned to it by subsection (1).

(4) The Sri Lanka National Farmers Organisation

Federation shall maintain its office in Colombo.

Agrarian Developmen1 Act, N o . 46 of 2000

57

(5) No act or proceeding of the Sri Lanka National

Farmers Organisation Federation shall be deemed to be
invalid by reason only of the existence of any vacancy among
its members.

(6) The Commissioner-General shall appoint such number

of persons not exceeding seven as members of the Sri Lanka
National Farmers Organisation Federation to represent
Goverment Departments and Public Corporations. The
members so appointed shall not be entitled to vote at meetings
of Sri Lanka National Farmers Organisation Federation.

office of members of the Federation, vacation of office by

66. The Sri Lanka National Farmers Organisations

Federation may( a ) recover

membership fees from Farmers

Organisation District Federations ;

(0) obtain financial assistance or assistance in kind from

the State or public corporations or from non
governmental organisations ;

Sri Lanka

National Farmers
Organisations
Federationmay
obtain
membership fees
&c

(c) maintain accounts at a prescribed bank ;

(d) maintain proper books of accounts ;

( e ) expend its funds in order to attain its objectives.

67. ( I ) The Sri Lanka National Farmers Organisation

Federation shall review the agricultural policies of the
Government and assist in the implementation of such policies.
(2) Without prejudice to the generality of the provisions
of subsection (1) shall have the power.

The powers and

functions of the
sri
National
Farmers
Organisations
Federation,

Agrarinti Developiiierit Act, No. 46 of 2000

58

(a) to acquire, hold, take or give on lease, or hire,

mortgage, pledge, sell or otherwise dispose of, any
movable or immovable property :
(b) to provide aid and assistance to rcgistered Farmers
Organisations, Agrarian Development Councils, and
Farmers Organisation District Federations and
Farmers Organization Provincial Federations ;
(c)

to provide the necessary guidance and assistancc to

such Councils, organisations and Federations t o
enable them to discharge thcir functions under this
Act ;

(6) to select a representative to the National Agricultural

Committee ;
(e) to submit proposals and views to the Government
regarding thc Governments agricultural policies ;
(f) to provide advice and assistance to Farmers

Organisations, Agrarian Development Councils,

Farmers Organisation District Federations, Farmers
Organisation Provincial Federations and Farmers
Companies regarding the marketing of agricultural
produce ;
(g) to assist and encourage small farmers groups in the

marketing of agricultural produce.

Provisions for the
maintenance of an
Of

accounts of the Sri

National
Farmers
Organisation
Federations.

68. (1) The Sri Lanka National Farmers Organisation

Federations shall maintain books, and accounts in the manncr
specified by the Commissioner-General. The CommissionerGeneral shall make provision for the auditing of such accounts.
(2) The Commissioner-General or an officer authorised
by him in that behalf may examine the books, papers,
documents and accounts of the Sri Lanka National Farmers
Organisation Federations.
(3) The Sri Lanka National Farmers Organisation
Federations shall submit all books, papers, documents and
accounts necessary for the purposes of audit under
subsection ( I ) .

Agrurian I~evelopnientAct, No. 46 of 2000

59

69. Every registered Farmers Organisation, every

Agrarian Development Council, every Farmers Organisation
District Federation, every Farmers Organisation Provincial
Federation and the Sri Lanka National Farmers Organisation
Federation shall be exempt from( a ) any stamp duty chargeable under any written law in

respect of any instrument executed by or on behalf

of, or in favour of, such Organisation, Council or
Federation or in respect of any document filed in a
Court by such Organization, Council or Federation
in cases where, but for the exemption granted by
this section it would have been liable to pay the duty
chargeable in respect of such instrument or
document ; and

Farmers
Organisation,
Agrarian
Developmetn
Council, Farmers
Organisation
District
Federations
Farmcrs
Organisation
Provincial
Federations the
Sri Lanka
National Farmers
Organisation
Federations
exempt from
stamp duty and
fees.

( b ) any fees payable under the law for the time being in
force relating to the registration of documents.

70. Every registered Farmers Organisation and every

Agrarian Development Council and every Farmers
Organisation District Federation and every Farmers
Organisation Provincial Fcderation and the Sri Lanka National
Farmers Organisation Federation shall be exempt from the
payment of any tax on the income or profits made by such
Organisation, Council or Federation, as the case may be, under
the provisions of the Inland Revenue Act, No. 28 of 1979.

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

71. Every registekd Farmers Organisation and every

Agrarian Development Council, and every Farmers
Organisation District Federation, and every Farmers
Organisation Provincial Federation and the Sri Lanka National
Farmers Organisation Federation shall be deemed to be
scheduled institutions within the meaning of the Bribery Act
and the provisions of that Act shall be construed accordingly.

Application of
Bribery Act.

60

Agrarian Uevelopnient Act, No. 46 of 2000

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

72. All officers and servants of a registered Farmers

Organisation or an Agrarian Development Council, or a
Farmers Organisation District Federation, or a Farmers
Organisation Provincial Federation or the Sri Lanka National
Farmers Organisation Federation shall be deemed to be public
officers within the meaning, and for the purposes, of the Penal
Code.

No suit to lie
against member or
servant of
Farmers
Organisations,
Agrarian
Development
Councils,
Farmers
Organisation
District

73. No suit or prosecution shall lie against any member

of a Farmers Organisation or an Agrarian Development
Council or a Farmers Organisation District Federation or a
FarmersOrganisation Provincial Federation or the Sri Lanka
National Farmers Organisation Federation established by or
under this Act, or against any servant or agent of such
organisation or Council or Federation for any act which in
good faith is done or purported to be done by him under this
Act, or under any regulation made thereunder.

Federation
Farmers
Organisations
Provincial
Federations or the
Sri Lanka
National Farmers
Organisation
Federation.

The powers and

functions of
Agricultural
Research and
Production
Assistants.

74. ( I ) There may be appointed Agricultural Research

and Production Assistants and such number of other persons
by name or office as may be necessary for the purposes of
this Act and the officers so appointed shall be subject to
the general control and direction of the CommissionerGeneral.

Ag mrinri Developmerit Act, No. 461 of 2000

61

(2) Every Agricultural Research and Production Assistants

shall within his arca of authority act also as the convenor for
the area.

75. ( I ) Every Agrarian Devclopmcnt Council shall in

the prescribed manner cause identity cards to be issued to
owner-cultivators or occupiers of agricultural lands within its
area of authority.

Agrarian
Ilevelopincnt
Cotincil to issue
identity c a d s

(2) In ihe issuc of idcntity cards rclercncc shall be madc

infer alia to thc last certified Agricultural Lands Register of

the Area.

76. ( 1 ) Commissioncr-GcneraI may, by notice in writing,

require the owner-cultivator or the occupier of any agricultural
land or any othcr person having a connection with such land
to furnish to him, on or beforc a date specified in such notice,
information regarding thc extent of agricultural land held by
him. the naturc of thc cultivation donc by him in that
agricultural land and other relevant information mentioned
in such noticc.

CornmissionerGeneral inay call

for information.

(2) Any person who fails to comply with the provisions

ofsubsection ( I ) shall be guilty of an offence under this Act.

77. ( I ) Whcrc the Commissioner-General is of opinion

that any power confcrred on any Farmers Organisation or
Agrarian Development Council or Farmers Organisations
District Federation or any Farmers Organisation Provincial
Federation or the Sri Lanka Farmers Organisations National
Federation by this Act, or by any regulations made thereunder
has been misused, he shall forthwith take steps to prevent the
continuation of such misuse.
(2) Where any registered Farmers Organisation or
Agrarian Development Council or any Farmers Organisation
District Federation or any Farmers Organisations Provincial
Federation or the Sri Lanka Farmers Organisations National
Federation omits to exercise any power conferred on such

Powers of the
CornmissionerGeneral.

Organisation Council or Federation by this Act, or by any

regulation made under this Act the Commissioner-General
may require such Organisation, Council or Federation, in
writing, to exercise such power.

(3) Any registered Farmers 0i.ganisation or Agrarian

Development Council or any Farniers Organisation District
Federation or any Farmers Organisations Provincial
Federation or the Sri Lanka Farmers Organisations National
Federation which fails to comply with any requirement
imposed on such Organisation, Council or Federation by the
Commissioner-General under subsection ( I ) or subsection (2)
may be dissolved by the Commissioner-General and the
Commissioner-Generalmay, until such Fanners Organisation
or Farmers Organization District Federation or Farmers
Organisation Provincial Federation, Agrarian Development
Council or the Sri Lanka National Federation of Farmers
Grganisation Federation so dissolved is re-established, take
suitable measures to ensure that its powers are exercised.
CommissionerGeneral to be
subject to the
general direction
of the Minister.

78. The Commissioner-General shall, in the exercise of

his administrative powers and in the performance of hits duties
under this Act be subject to h e general direction of the
Minister.

Persons
authorised to
prosecute.

79. The Commissioner-Gencral or any offiker of the

Department of Agrarian Services authorized in that behalf by
the Commissioner-General in writing, shall be entitled tc
initiate proceedings in respect of offences under this Act.

CommissionerGeneral to have
powers of a
District Court.

80. The Commissioner-General shall, for the purpose 01

hearing and deciding any dispute referred to him under thi!
Act, have all the powers of a District Court namely :(a) to summon and compel the attendance of an!
witness ;

(h) to compel the production of documents ; and

( c ) to administer any oath or affirmation to witnesses.

Agrarian Developtnent Act, No. 46 of 2000

63

PART VII

I RRIGATION W ORK

MANACEMENI.
OF IKRIGATION
WATER

AN D THE

81. ( I ) Every tank, dam, canal, water course,

embankment reservation or other irrigation work, within the
area of authority of any Farmers' Organisation, shall be subject
to the supervision of that Farmers' Organisation.

Supervisionand
adnlinfstration Of
migation works 10
be under the
Farmers'
Organisation.

( 2 ) Regulations may be made setting out the manner in

which such supervision shall be exercised by a Farmers'
Organ isdtion.

(3) Eyery person who without lawful cause resists or

obstructs,any person authorised by a Farmers' Organisation
in the'exercise by such person of any powers conferred on
him by regulations made under subsection (2) shall be guilty
of an &fence under this Act.
I

82. ,(I) Where any government department, public

corporatiop, person or body of persons proposes to construct
a tank, dam canal watercourse or commence any development
project, within the akea of authority of Farmers' Organisation,
it shall bd the duty of the head of such department or
corporatioh or such'person or such body of persons to inform
the Farmers' Orgaksation of the propgsed construction or
\ . . .
project and invite 11s
comments thereon.
I '
I

( 2 ) Upon receipt of the comments of a Farmers'

Organisation under subsection ( I ) , the head of such
department or corpotation or person or body of persons shall
forthwith inform the Farmers' Organisation whether and how
he has taken into account the comments ot the Farmers'
Organisation in the finalisation of the plans for construction
or the development project, as the case may be, or why he
has not been able to give effect to such comments in such
plan or project, as the case may be.

Farmers
Organisationsto
be informed of
construction
projects &c

64
Interference with
the protection Of
irrigation work.

Agrarian Development Act, No. 46 of 2000

83. ( I ) The Commissioner-General may, if it appears to

him that any person has-

( a ) blocked up, obstructed or encroached upon or caused

to be blocked up, obstructed or encroached upon,
damaged or caused to bc damaged, any irrigation
channel, water clwrse, buncl, bank, reservation tank,
dam, tank-reach or irrigation reserve; or
(b) wilfully or insliciously caused the waste of water
conserved in any irrigation work; or

(c) without the prior written approval of the

Commissioner-General carried out any cyltivation
in, or removed earth from or caused eafth to be
removed from, a tank, canal within thc aatchment
area or from a minor irrigation channel, watercourse, bund, bank, reservation tank, dam, tank-reach
or irrigation reserve,
make an order requiring such person to take such remedial
measures as arc specified in the order.

(2) For the purpose of ensuring complianctj with the

provisions of an order made under subsectiqn ( I ) , the
Commissioner-General may seek the assistance of the Peace
Officer within whose area of authority such channel, canal,
water course, bund, embankment, reservation tank, dam, tankreach or irrigation reservl; in i'espect of which sQch order is
made lies, and it sbq[J be \he duty of spch Peace Officer to
render such assistaid as is sought and the Peace Officer may
for such purpose use such fprce as may jx necessary to ensure
compliance wit11 such order.
(3) Every person who fails to comply with an order under
subsection (1) shall be guilty of an of an fence undoer this
Act.

(4) Acertificate issued by the Commissioner-General to

the effect that the person specified in the certificate has failed
to take the measures specified in an order made under
subsection (I), and committed the acts specified therein shall
be primafacie evidence of the facts stated therein.

Agrarian Development Act, No. 16 of 2000

65

84. (1) No person shall release, cause to be released,

or allow the flow of, waste matter into any channel, canal,
watercourse, irrigation reservation or paddy land.

AIlowing the
"Ow

Of

matter to paddy
lands or
watercourses

(2) Where it appears to the Conmissioner-General that

any person is committing an act in contravention of the
provisions of subsection (l), he may make order, requiring
such person to desist from continuing such act.
(3) For the purpose of ensuring compliance with the
provisions of an order made under subsection (2) the
Commissioner-General may seek the assistance of the Peace
Officer within whose area of authority such channel, canal,
watercourse, irrigation reservation or paddy land in respect
of which such order is made lies, and it shall be the duty of
such Peace Officer to render such assistance as is sought and
the Peace Officer may for such purpose use such force as
may be necessary to ensure compliance with such order.

(4) An order under subsection (2) shall be binding on

the person in respect of whom it is made until set aside by a
Court of Competent Jurisdiction.
( 5 ) Every person who fails to comply with the
requirements of an order under subsection (2), shall be guilty
of an offence under this Act.

( 6 ) Acertificate issued by the Commissioner-General to

the effect that the person specified in the certificate has failed
to comply with requirements of an order made under
subsection (2) shall be primafacie evidence of the facts stated
therein.
85. (1) No person shall dump any waste matter into any
channel, canal, watercourse, irrigation reservation or paddy
land.

Offence relating
to dumping of
waste matter into
paddy lands and

watercourses

(2) Any person who contravenes the provisions of

subsection ( l ) , shall be guilty of an offence under this Act.

4
66

Agrarian Development Act, No. 46 of 2000

(3) Where any person does any act in contravention of

the provisions of subsection ( I ) , the Farmers Organisation
within whose area of authority such channel, irrigation
reservation, canal, watercourse or paddy land is situated may
report the same to the Agrarian Tribunal within whose
jurisdiction such channel, irrigation reservation or land or
watercourse or paddy land is situated.
(4) Such Agrarian Tribunal shall hold an inquiry into a
report made to it under subsection (3) and if it is satisfied
after inquiry that any person has acted in contravention of the
provisions of subsection ( I ) , such Tribunal shall issue a
certificate to that effect.
( 5 ) A certificate issued under subsection (4) shall be
prima facie evidence that the person specified in the certificate
has committed the acts specified therein.
Meetings of the
Owner cultivators
and occupiers.

86. ( I ) Every Farmers Organisation shall, within its area

of authorityencourage and extend the cultivation of agricultural
lands or paddy cultivation or any other form of
cultivation ;
enforce the established customs affecting paddy
cultivation or other forms of cultivation;
ensure the proper timing of agricultural operations;
ensure the efficient management of water, irrigation
works and watcr used for agricultural activities;
attend to matters relating to irrigation works in
accordance with established customs of cultivation;

take measures for the conservation of soil and the

protection of crops against pests and diseases;

Agrarian Development Act, No. 46 of 2000

67

(g) every farmers organisation shall within its area of

authority take such steps to ensure the cutting and
removal of thicket in highland adjoining any extent
of paddy land and the cutting and removal of shrub
forest which interferes with an agricultural crop
which has been cultivated on an extent of paddy land
or an extent ot highland; and

( h ) for the purpose 0 1 making rules relating to the

development of land and collective agricultural
activities, convene meetings of the owner-cultivators
and occupiers of agricultural land of the area.

(2) Where any meeting is convcned under the provisions

of this section, the Farmers' organisation or any other person
generally or specially authorized in that behalf by such
Farmers' Organisation shall cause notice to be given of the
date, time and place of the meeting and its objects.
(3) The notice referred to in subsection (2), shall be given
by exhibiting written notices in suitable places within thc area
and in such other manner as may appear adequate for giving
publicity thereto.

(4) A person named by the Farmcrs' Organisation or any

other person generally or specially authorized in that behalf
by the Farmers' Organisation shall preside at every meeting
held under the provisions of this section.

(5) The Commissioner-General of Agrarian Development

or any person generally or specially authorised by him in that
behalf shall maintain minutes of every meeting held under
thc provisions of this section.

(6) A meeting convened under the provisions of this

section shall not be deemed to be validly constituted unless
there are present at such meeting at least one fourth or twentyfive per ceizturn of the total number of owner cultivators or
occupiers of agricultural land in the area of authority of the
Farmers' Organisation. If there has been no quorum at two

68

Agrarian Developrnerit Act, No. 46 of 2000

consecutive meetings, the person actitig as the Presiding

Officer shall adjourn the second meeting and shall fix a date
for the third mecting. If there is no quorum for the third
meeting, it shall be deemed to be validly constituted for all
purposes, notwithstanding the lack of a quorum.

(7) In the event of any failure to convene the meetings in

compliance with the provisions of this section by any Farmers
Organisation it shall be lawful for the Agrarian Development
Council of that area of authority to comply with the provisions
of this section.
(8) Any rule made at a meeting under the provisions of
this section shall be adopted by those present at the meeting
and shall thereafter be binding on the owner cultivators and
occupiers in the area of the authority of FarmersOrganisation.
(9) ( a ) If at any meeting held under the provisions of this
section any question arises as to the right of any person to
vote, the Presiding Officer shall decide that question.

(6) Where there is an equality of votes in respect of any

matter, the Presiding Officer shall have a casting vote.
(10) The minutes of the proceedings of every such meeting
shall be maintained by the person authorized under subsection
(5) of this section and such minutes shall be signed by such
authorized person and the Presiding Officer, and shall be
evidence of the contents thereof.
( I 1) Where a landlord or occupier of any agricultural land
acts in contravention of a rule adopted at a meeting held as
provided in this section he shall be guilty of an offence under
this Act.
Action to be taken
when it is contrary
to any custom or
re,aing to the
field of
agriculture.

87. (1) Where any act is committed or any omission made

by any person within the area of authority of any Farmers
Organisation contrary to any establishcd custom or any rule
relating to irrigation or cultivation whereby damage may be
caused to the owner cultivator or occupier of agricultural land
within such area of authority, the Farmers Organisation shall

Agrcrrian Development Act, No. 36 of 2000

69

if the act or omission be of such a nature as to call for prompt

action to prevent damage, take steps and incur such
expenditure as may be necessary in the circumstances and
shall forthwith make a report on the steps tsken and
expenditure incurred if' any, to the Commissioner-General and
the Agrarian Development Council within whose area of
authority such act or omission has occurred.

(2) ( a ) Any person i n consequence of whose act or

omission any expenditure under subsection ( I ) was incurred,
shall be liable to pay such sum as was incurred to the Farmers'
Organisation.
(b) The Farmers' Organisation shall by notice in writing
and sent by registered post require such person to pay the
said sum or money within period specified in the notice.

( 3 ) Where such person fails to pay such sum within the

period specified in the notice, the Farmers' Organisation may
make an application in writing to the Commissioner-General
to recover such sum of money.
(4) In order to decide the question whether the cxpenditure
in respect of which such suin is due, was properly incurred
the Commissioner -General may require the Agrarian Tribunal
to hold an inquiry.

(5) The Farmers' Organisation and the person who has to

pay the expenditure incurred shall be given an opportunity of
making representations in person or through ac agent at such
Inquiry. It' the Tribunal decides after inquiry that such
expenditure was properly incurred, the Tribunal shall make
order that such person shall pay such sum of money to the
Farmers ' Organisation within a period of fourteen days from
the d a t e of the order and shall send copies to the
Commissioner-General and to the parties.

70

Agruriah Developnierit Act, No. 46 of 2000

(6) Where any person fails to pay any sum he is required

to pay by an order under subsection (5) such sum may be
recovered, upon application being made by the Fanners
Organisation to the Magistrates Court having jurisdiction over
the plact: where such person resides, in like manner as a fine
imposed by such Court and any sum so recovered shall be
paid by such court to the applicanl Farmers Organisation.

(7) For the purposes of subsection (6) the order of the

Agrarian Tribunal that such sum is due to the Farmers
Organisation from such person shall be admissible in evidence
and shall be prime facie proof that such sum is due.
Agrarian
Ocvelopment
Council to make
advances.

88. Where an Agrarian Development Council is satisfied

that any expenditure has to be incurred by a Farmers
Organisation for the purposes of section 87, it may make an
advance payment to such Farmers Organisation to meet such
cxpcnditure.

Procedure to be
followed in
digging wells for
cultivation.

89. ( I ) No person shall dig any well or construct any

well for the purposes of cultivation, or maintain any well, for
the purposes of cultivation except with the written permission
of the Commissioner-General and subject to such conditions
as he may impose.

(2) Every person whd uses well watcr for cultivation shall
take steps to prevent wastage of watcr.
(3) T h e Commissioncr-Genera1 may obtain t h e
rccornmendations of the following institutions before giving
the written permission required by the provisions of
subsection (1):(a)

the relevant Farmers Organisation;

(b)

the relevant Agrarian Development Council;

(c)

the Department of Agriculture;

((0

the Water Resources Board;

(e)

the Central Environmental Authority.

Agrarian Development Act, No. 46 of 2000

7I

(4) If any person acts i n contravention of the provisions

of subsection ( I ) or (2) he shall be guilty of an offence under
this Act.
PARTVIII
G ENERAL P ROVISIONS
I

90. (1) Where a complaint is made to the Commissioner

( h E r a l by any owner cultivator or occupier of agricultural
land that any person is interfering with or attempting to
interfere with the cultivation rights, threshing rights, rights
of using a threshing floor, the right of removing agricultural
produce or the right to the use of an agricultural road of such
owner cultivator or occupier, the Commissioner General after
inquiry may if he is satisfied that such interference or
attempted interference will result in damage or loss of crop
or livestock, issue an order on such person cultivator or
occupier requiring hiin to comply with such directions as may
be specified in such order necessary for the protection of such
rights :
Provided that an order under this section shall not be made
for the eviction of any person from such agricultural land :
Provided further that an order issued under subsection ( I )
shall not prejudice the right title or interest of such person,
cultivator or occupier to such land, crop or livestock in respect
of which such order is made.

(2) For the purpose of ensuring compliance with the

provisions of an order under subsection (1) the CommissionerGeneral may seek the assistance of a peace officer within
whose area of authority such agricultural lard in respect of
which such order is made lies, and it shall be the duty of such
Peace Office to render such assistance as is sought and the
Peace Officer may for such.purpose use such force as may be
necessary to ensure compliance with such order.
(3) An order under subsection (1) shall be binding on
the person in respect of whom it is made until set aside by a
court of competent jurisdiction.

Interference
with
cultivation rights
ofowner
cu'tlvator

occupier'

Or

12

Agrarian Developmnt Act, No. 46 of 2000

(4) Any person who fails to comply with an order made

under subsection ( I ) shall be guilty of an offence under this
Act.

(5) Accrtificate in writing issued by the CommissionerGeneral to the effect that the directions contained in an order
made by him under subsection (1) has not been complied with
by the person specified therein shall bc p r i n ~ u f a c i eevidence
of the facts stated therein.
Right of owners
of agricultural
lands not
exceeding half an
acre.

91. Any person who does not own agricultural land or

land less than half an acre in extent niay apply to the President
for the grant of any State land, or the grant of land by any
other institution. For the purposes of this section agricultural
land owned by the spouse or minor shildren of such person
shall be deemed to be land owned by such person.

Action to be taken
regarding stray
animals .

92. It shall be lawful for any Farmers' Organisation or

any authorised representative of a Farmers' Organisation or
the owner cultivator or the occupier of any agricultural land
to seize or tie up any animal found loitering in such agricultural
land or irrigation work until such animal is claimed by the
owner. Such organization may lay down rules to be followed
when an animal is found to be loitering.

Remuneration to
employees.

93. Every office bearer and officer or servant of an

organisation, Council or Authority referred to i n this Part of
this Act, shall be entitled to receive remuneration of such sum,
not exceeding the amount prescribed by regulation, for their
services.

Compulsory
acquisition of
agricultural land.

94. Where the Minister certifies by Notification published

in the Gazette that it is necessary that any agricultural land
specified in the Notification should be acquired for any of
the purposes of this Act, that land shall, for the purposes of
the application of the Land Acquisition Act, be deemed to be
required for a public purpose and niay be acquired under that
Act:

Provided that notwithstanding anything to the contrary in

that Act the amount ul' compensation to be paid for the
acquisition of that land under that Act shall be equal to ten
times the annual renial value of that land computed in the
prescribed manner.

95. ( 1 ) The Minister may make regulations in respect

of all matters which are stated or required by this Act, to be
prescribed or for which regulations are required by this Act
to be made.

Regulations.

(2) Every regulation made by the Minister shall be

published in the Gazette and shall come into operation on the
date of such publication or upon such later date as may be
specified in the regulation.

( 3 ) Every regulation made by the Minister shall as soon

as convenient after its publication in the Gazette, be brought
before Parliament for approval. Every regulation which is not
so approved shall be decmed to be rescindcd as from the date
of such disapproval but without prejudice to anything
previously done thereunder. NotiI'ica!ion ofthc date on which
any regulation is deemed to be rescinded shall be published
in the Gazette.

96. Any person who is guilty ol'an offence under this Act
or under any regulation made thereunder shall on conviction
after trial before a Magistrate and except as otherwise provided
in this Act, be liable to a fine not exceeding five thousand
rupees or to imprisonment of either description for a term not
exceeding six months or to both such fine and imprisonment.

Penalty

97. ( 1 ) There shall be established a Rind to be known

as the Agrarian Development Fund.

Agrarian
Development
Fund.

( 2 ) There shall be paid into the Fund ( a ) all fines imposed by Court for any offence under

this Act;

Agrarian Developnient Act, No. 46 of 2000

all sums required under this or any other law to be
paid into the Fund and all such sums which are
received as donation;
all sums of money as may be voted from time to
time by Parliament to the Fund;
all such sums of money as the CommissionerGeneral may from Lime to time require to he paid
into the Fund; and
such percentage as may be prescribed of all sums of
money collectcd as acreage tax under the provisions
of this Act.

The moncys of such fund may be utilised for the

enforcement of new agricultural policies, for the improvement
and development of supplics, for the administration and
development of Agrarian Centres, for the maintenance and
repair of buildings, vehicles and equipment of such centres,
for the purchase of furniture, for the purpose of training and
research, supply of transport fadities to officers and in general
for the administration and development of Agrarian
Development Councils and for the provision of financial aid
to Agrarian Development Councils a n d Farmers
Organisations.
(4) The accounts of the Fund shall be maintained in s x h
form and shall contain such particulars as the CommissionerGeneral may, with the concurrence of the Minister, from time
to time specify.

(5) The accounts of the Fund for each financial year shall
be audited by the Auditor - Ccneral

(6) The financial yew of the Fund shall be the period of

twelve months commencing 011 the first day of January each
year.
This Act to
prevail over
other written
Law

98. T h e provisions of this Act shall haver effect

notwithstanding anything to th; contrary in any other written
law, and accordingly, i n t h e event of any conflict o r
inconsistency between the provisions of this Act and such
other law, the provisions of this Act shall prevail.

Agruriuri Developiiier~tAct, No. 46 (92000

75

99. (1) The Agrarian Services Act, No. 58 of 1979 is

hereby repealed.
(2) Notwithsranding the repeal of the Agrarian Services
Act, NO. 58 of 1979 -

(a) all sums of money that have been credited to the

Agrarian Services Fund which has been established
by section 60 of the Agrarian Services Act, No. 58
of 1979, shall bc transferred to the Agrarian
Development Fund establishcd I:y this .4ct;
the assets and liabiliiics of the Agrarian
Services Committees established by thc
Agrarian Services Act, No. 58 of 1979 shall be
transferred to the Agrarian Development
Council established by this Act;
the assets and liabilities of the Farmers
Organisations established under the Agrarian
Services Act, No. 58 of 1979, shall be
transferred to the corresponding Farmers
Organisations established under this Act;
the assets and liabilities of the Farmers,
Orgaization District Authority established
under theAgrarian Services Act, No. 58 of 1979
shall be transferred to the corresponding
Farmers Organisation District Authorities
established by this Act.
the Agrarian Services Committees established
under the Agrarian Services Act, No. 58 of
1979, shall continuc to function till the
Agrarian Development Councils are
established under this Act;
the Farmers Orgainsations established under
the Agrarian Services Act, No. 58 of 1979, shall
continue to function u n t i l Farmers
Organisations are established under this Act;
the Farmers Organisations District Authority
established under the Agrarian Services Act,
No. 58 of 1979 shall continue to function until
Farmers Organisation District Authorities are
established under this Act.

Repeal o f ~ c NO
t
58 of 1979.

76

Agrarian Devekopnierrt Act, No. 46 of2000

(4 notwithstanding anything to the contrary i n the

Prescription Ordinance all claims for damages
accruing to tenant cultivators under section 4(7A)
of the Paddy Lands Act, No. 1 of 1958, or under
section 3 (9) of the Apricullural Lands Law. No. 42
of 1973, or under section S ( 8 ) of the Agrarian
Services Act, No. 58 of 1979, shall be deemed to be
claims accruing to such tenant cultivator under the
provisions of this Act and shall be recoverable in
the manner provided by the corresponding provisions
of this Act;

(e) all proceedings pending before an inquiring officer

or a Board of Review under the provisions of the
Agrarian Services Act, No. 58 of 1979 on thc day
preceding the date of cornmencement of this Act,
shall be deemed to be proceedings instituted before
the corresponding Agrarian Tribunal established by
this Act and may be continued and concluded bcfore
such Agrarian Tribunal under this Act.
a11 proceedings pending before a Magistrates Court
under section 21 of the Paddy Lands Act, No. 1 of
1958, or theAgricultura1 Lands Law, No. 42 of 1973,
or the Agrarian Services Act, No. 58 of 1979 on the
day preceding date of commencement of this Act,
shall be deemed not to have abated or to have been
discontinued or in any way prejudicially affected by
reason of the repeal of the said Acts, or Law and
accordingly all such proceedings shall be continued
and concluded under the corresponding provisions
of this Act;
(8) all proceedings pending in any court under the
provisions of the Agricultural Productivity Law No.
2 of 1972, or the Agricultural Lands Law No. 42 of
1973, or under the provisions of the Agrarian
Services Act, No. 58 of 1979 on the day preceding
to the date of commencement of this Act, shall be
heard and concluded under thc corresponding
provisions of this Act;

Agrarian Developnrenr Act, N o . 46 oj2000

77

(11) Every regulation made under the Agrarian Services

Act, No. 58 of 1979 and in force on the day preceding
the date of commencement of this Act, shall insofar
as such regulation is not inconsistent with the
provisions of this Act, be deemed to be a regulation
made ur?der this Act, and may accordingly be
amended, added to or rescinded by regulations made
under this Act.

100. In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall
prevail.
101. In this Act, unlcss the context otherwise requiresagriculture includes (i) the growing of rice, field crops, spices and
condiments, industrial crops, vegetables, fruits,
flowers, pasture or fodder ;
(ii) dairy farming, livestock rearing and breeding;
(iii) plant and fruit nurseries;
(iv) bee keeping and inland fisheries;
agricultural activity means any acti vity involving
agriculture and includes the supply of agricultural
inputs for, and the use ofmachincry and equipment
used in, such activity and any activity involving minor
irrigation;
agricultural land means land used or capable of being
used for agriculture within the meaning of this Act,
and includes private lands, Imds alienated under the
Land Development Ordinance or the Crown Lands
Ordinance or any other enactment;

Sinhala text 10
lreai
in
Of
inconsistency.

Interpretation.

78

Agrarian Dcvelopment Act, No. 46 of -3000

agricultural road means a road used to transport

agricultural crops or to trwnqport the harvest or to drive
or transport animals, or to trmsport agricultural
equipment and machinery or for the purposes of
supplying agricultural services or for any other
agricultural activity and inclxlcs a road used for the
purpose of gqining acccss to agricultural land and
includes a road which prior to this date had been used
for any of the putposcs stated above;
bank of any watercourse means any river, rivulet, oya,
creek, canal ,natural water course or canal constructed
for the constant or intermittent flow of water or a
stream or water way or outlet of a water way or channel
leading therefrom to a reservoir or any branch thereof
and the bank of such water course shall include an
extent of highland extending upto thirty-three feet
from the edge of the bank of such water course ;
construction with refeience to any minor irrigation work
includes any impravement or extension of any minor
irrigation work, or the repair or restoration of any
abandoned minor irrigntioii \vo:k or (subject to thc:
definition of maintenancc hereinaftsr contained, any
operation for the protection of any minor irrigation
work, or thc: irrigablc arcas thereunder, or of any part
of such work or area;
cultivator with reference to zln extent of paddy land
means any person other than a Farmers Organisation
or an Agrarian Development Council, who by himself
or by any member of his family or jointly with any
other person, carries out on such extent of paddy
land(N)

two o r more of the operations of ploughing,

sowing and reaping; and

( b ) the operation of tendiilg or watching thc crop in

ex!t seasciti during which paddy is cu!tivated on
such extent;

Agruriuti Developnzerit Act, No. 46 of2000

79

evict in relation to a tenant cultivator, of paddy land

means to deprive a tenant cu1:ivator of his right to
use, occupy and cultivate the whole or any part of the
extent of paddy land let to him. by the use ofdirect or
indirect methods;
irrigation work includes any tank, bund, anicut, ela, channel, distributary
field channel, or watercourse ccmprised i n or
incidental or ancillary to the irrigation work;
any struciurc, road, bridge, sluice-gatc or other
engiiieering work comprised in, or incidental or
ancillary to, the coiistruction or makitznanct: of
the irrigation work;
ally structure, bund, sluice or ofher engineering
work erected for the purpose of draining any
cultivated area or of prcventing or regulating the
tlow of salt water into or out of any such areas
or of prokcting such areas from floods;
landlord with reference to an extent of paddy land means
the person other than an owner cultivator, who is for
the time being entitled to the rent in respect of such
extent if it were let on rent to any person, and includes
any tenant of such extent who lets it to any subtenant;
let with reference to any extent of paddy land, means
to permit any person, under an oral or written
a g r e e m e n t to occupy and use such cxtent i n
consideration of the perfoimance of any scrvice by
him or the payment of rcnt consisting of a sum of
money or a share of the produce from such extent;
loan means any loan, advance or overdraft mgetlier with
interest thereon;

Agrarian Develupnient Act, No. 46 of 2000

80

maintenance with reference to any minor irrigation

works includes any operation for the protection of
any existing irrigation work or the irrigable areas
thereunder;
member of the family with reference to any person
means the spouse or a son or daughter ofthat person
who is less ihan eigliteen ycars of age;

irrigation work means an irrigation work serving

up to two hundred acres of agricultural land;

occupier means (he person for thc time being entitled

to the use and occupatioii of agricultural land by
virtue of his being the lessee or usufructuary
mortgagee and shall include a person in use and
occupation of agricultural lands alienated under the
land Development Ordinance, the Crown Lands
Ordinance or any other enactment and includes a
tenant cultivator within the meaning of this Act;
owner cultivator with reference to any extent of
paddy land means the person who is the owner or
usufructuary mortgagee of such extent and who is
the cultivator of the entirely of such extent and in
the case of 311extent vf paddy land which has been
alienate5 under the Land Development Ordinance
the person who derives titlc to such extent and who
is the cultivator of the entirety of such extent shall
be deemed to be the owner cu!tivator of such extent;
paddy land means land which is cultivated with
paddy or is prepared for the cultivation of paddy
or which, having at any time previously been
cultivated with paddy, is suitable for the cultivation
of paddy, and includes such other land adjoining
or appertaining to it as may be used by the cultivator
for a threshing floor or for constructing his dwelling
house, but does not include chena land or any land,

Agrarian Development Act, No. 46 of 2000

81

which, with the permission of the CommissionerGeneral is used for any purposc other than cultivation
in accordance with the provisions of thisAct, or which
is determined by the Commissioner-General not to
be paddy land;
peace officer has the same meaning as in the Coda of
Criminal Procedure Act, No. 15 of 1979;
prescribed means prescribed by this Act, or by any
regulation made thereunder;
prescribed bank means any bank which is prescribed;
statutory tenant means a person who cultivates an extent
of paddy land under a deed under the Land
Development Ordinance or under a written contract
obtained from the Commissioner -General.
threshing floor means a floor which has been prepared
or is being used, for the purpose of threshing paddy,
clearing paddy or for the purpose of lieaping paddy
manually or by the use of cattle or machinery;
watercourse means any river or sn~allrivulet, oya, ela
or a natural ela or a ela which has been prepared for
the water to flow from time to time, rivulet or a
waterway from which the water flows or a branch of
such rivulet and includes a width on either side of the
bank equivalent to the width from the centre of the
stream to the bank of the stream.

Agmriari Drvelupivent Act, Nu. 46 of 2000

82

SCHEDULE

(section 33)

To the blagistrates Court of

the Magistrates Court)

.(state name of

I,, .................... (state name) the Coniinissioner-Ceneral/Additioiial

Commissioner-General/Coinmissioner/DeputyComtiiissioner/Assistant
Commissioner, do by virtue of the powers vested in my by section 33 o f the
Agrarian Development Act, No 46 of 2000 do by this application( a ) set foith thc following matters, namely :-

(i)

that I am the Commissioner Ceneral/Commissioncr/Deputy

Coinmissioner/Assistant Conimissioner;

(ii)

that the land descrithd in the Schedule to this application is

paddy h d ;

(iii)

that ......... of ............ is acting i n contravention of

subsection ( I ) of scction 33 cf the Agrarian Dcvelopment Act,
No. 46 of 2000.

(0) pray for the issue of an order restraining the said.. .... or his agent
or servants from acting in contravention of the said provisions of
subsection ( I ) of section 31 of the Agrarian Development Act.
SCHEDULE AEOVB REFEZRED TO
The paddy land situated in :-The Village ....................................
in the Crania Niladari Division of .............. . i n the Divisional Secretarys
Division of .......................................................
Bounded on the Nwth
Sooth
East
West
and containing in extent., .............acres.. ........... ..roods
v r c hes .

Signature of the Coni1nissioner-Gener~l/.4dditionalCommissionerGeneral/Commissioner/Deput y Commissioner/ Assistant Commissioner of

Agi arian Development.

Date:. .....