Cap. 286]

OrdinancesNos, 8 of 1947.

9 of 1947,ACI

:'\0. 13 of 1949.

STATE LANDS

CHAPTER 286

STATE LANDS

AN ORDINANCE TO MAK.E PROVISION FOR THE GRANT AND DISPOSITION OF STATE

LANDS IN SRI LANKA; FOR THE MANAGEMENT AND CONTROL OF SUCH

LANDS AND THE FORESHORE; FOR THE REGULATION OF THE USE OF THE

WATER OF LAKES AND PUBLIC STREAMS; AND FOR OTHER MATTERS

INCIDENTAL TO OR CONNECTED WITH THE MATTERS AFORESAID.

[1st September, 1949.]

Short title.

Grants. leases.and otherdispositions ofState land.

Surrender ofland comprisedin instrumentof disposition.

1. This Ordinance may be cited as theState Lands Ordinance.

PART I

GRANTS. LEASES. AND OTHER

DISPOSITIONS OF STATE LAND

2. Subject to the provisions of thisOrdinance and of the regulations madethereunder, the President may in the nameand on behalf of the Republic of SriLanka-

(I) make absolute or provisional grantsof State land;

(2) sell, lease or otherwise dispose ofState land;

(3) enter into agreements for the sale,lease or other disposition of Stateland;

(4) issue permits for the occupation ofState land;

(5) issue licences to take or obtain anysubstance or thing found in Stateland;

(6) sell or lease the right to mine or gemin any State land or in any landwhich has been disposed of by theState with a reservation of miningrights in favour of the State.

3. The President may, in the name andon behalf of the Republic, accept thesurrender of any land comprised in any

instrument of disposition upon such termsand conditions as he may think fit or as maybe prescribed.

4. (I) Where the owner of any land Surrender andcomprised in a State grant is desirous of subdivision.

dividing or partitioning such land, he mayapply to the President to accept thesurrender of such grant and to regrant theland comprised therein in parcels.

(2) If the lessee of any land leased by theState is desirous of dividing or partitioningsuch land, he may apply to the President toaccept the surrender of such lease and tolease such land in parcels.

(3) The President, if satisfied with thetitle of the applicant under subsection (I) orsubsection (2) and on payment by theapplicant of all the costs and expenses of, orconsequent on, such application, may acceptthe surrender of such grant or lease and mayissue. in lieu thereof to the applicant a Stategrant or lease, as the case may be, of thesaid land in such parcels as the applicantdesires; and where more persons than oneare joint owners or joint lessees of any landfor the division or partition of which anapplication is made under this section, agrant or lease issued in lieu of a grant orlease surrendered may dispose of any parcelof the land surrendered to anyone or moreof such joint owners or joint lessees.

(4) No such division or partition shall beallowed unless all moneys, if any, due underthe original grant or lease have been paid infull.

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STATE LANDS [Cap. 286

11. Where the rights under any Covenants and

instrument of disposition are not personal conditions (0

run with theto the grantee but may be assigned by act land.

inter vivos or may pass on his death to hisheirs or devisees, the burden of anycovenants or conditions inserted in suchinstrument shall run with the land and shallbe binding upon the grantee and upon allpersons claiming that land through, from orunder the grantee.

Exchange ofState land forprivate land.

Special grantsand leases.

Surrender ofspecial grantsand leases.

5. The President may, subject to suchterms and conditions as he may deem fit,dispose of State land to any person inexchange for any land surrendered orconveyed by such person to the Republic.

6. ( I) A special grant or lease of Stateland may be made at a nominal price or rentor gratuitously for any charitable,educational, philanthropic, religious orscientific purpose, or for any other purposewhich the President may approve.

(2) Every special grant or lease shall besubstantially in the prescribed form andshall state that the title to the land conveyedthereby shall revert to the State if the land isnot used for the purpose for which it wasgranted or leased or if it is applied to anyother purpose.

(3) Upon proof that any land described inany special grant or lease has ceased to beused for the purpose for which it wasgranted or leased or has been applied to anyother purpose or that there has been afailure to comply with any condition or toobserve any covenant of the grant or lease,the State shall be entitled, upon applicationto a court of competent jurisdiction, to adecree cancelling the grant or lease anddeclaring the land to be vested in the State,free from all encumbrances; and the Stateshall not be liable to pay to any person anysum by way of compensation forimprovements effected on the landsubsequent to the date of the special grantor lease.

7. Notwithstanding anything in any lawother than this Ordinance. where any landhas been disposed of either before or afterthe commencement of this Ordinance forany purpose authorized under section 6 (I),such land may, in such cases and subject tosuch conditions as may be approved by thePresident, be surrendered to the State by thegrantee or lessee or other person for thetime being entitled to the possession andmanagement of such land; and where suchgrantee or lessee or other person entitled tosuch possession or management cannot befound or ascertained, a court of competentjurisdiction may, on the application of theAttorney-General and after such inquiry asthe court deems fit, by order authorize anysuitable person to execute the instrument of

surrender; and, upon the execution of anysuch instrument by such grantee or lessee orother person entitled to the possession andmanagement of such land, or by any personso authorized, the land so surrendered shallvest in the State free from all encumbrances.

8. (I) Every disposition of State landunder this Ordinance must be effected by aninstrument of disposition executed in suchmanner as may be prescribed.

(2) Regulations may be made prescribingthe conditions which may be attached todispositions of State land. No suchcondition shall be deemed to be attached toany disposition of State land unless thatcondition is inserted in the instrument ofdisposition relating to that land.

9. No State grant and no instrument ofdisposition whereby State land is leased forany term exceeding such period as may beprescribed shall be issued under thisOrdinance unless and until that land hasbeen surveyed and demarcated to thesatisfaction of the Land Commissioner.

10. No disposition of State land madeunder this Ordinance shall be deemed toconfer any right to any mineral, mineralproduct or mineral oil in, under, or uponsuch State land unless otherwise expresslyprovided, in the instrument of disposition.and, save as so expressly provided, all suchminerals, mineral products and mineral oilsshall, notwithstanding any such disposition.be deemed to remain, and shall remain, theabsolute property of the Republic.

12. The grantee under any instrument ofdisposition shall be bound by any covenantor condition inserted thereinnotwithstanding the fact that he was aminor on the date of the execution of the

Execution andcontents ofinstruments ofdisposition.

Survey of landto precedeissue of grantor long-termlease.

Reservation ofminerals.

Minor boundby covenantsand conditionsof instrumentexecuted in hisfavour.

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Cap. 286] STATE LANDS

Power ofPresident tofix, revise orremit paymentsdue to theState.

Power ofPresident tomitigate, &c.,conditions inleases, &c.

Power ofPresident togrant extensionof time forperformance ofcovenants.

Permits andlicences may bepersonal togranteesthereof.

Cancellation ofpermits orlicences.

instrument or that he, or any person on hisbehalf, did not sign the instrument orsubscribe to such covenants and conditions.

13. The President may fix the paymentsto be made to or recovered by the Stateeither generally in any class of dispositionsor specially in respect of any particulardisposition, whether by way of price, rent,royalty or otherwise, and may, subject tothe covenants and conditions set out in theinstrument relating to any such disposition,remit, revise or waive any such payments.

14. The President may at any timemitigate or release any of the terms,covenants and conditions set out in anylease, permit or licence issued under thisOrdinance and may at any time byagreement with the grantee vary or modifyany such terms, covenants or conditions.

15. Unless otherwise provided in theinstrument of disposition, the President mayextend the time allowed to the grantee forthe performance of any act, condition orcovenants set out in the instrument ofdisposition, for such period and upon suchterms as he may think fit to impose; and theperiod so extended and the terms soimposed shall be deemed to be inserted inthe instrument of disposition and shall havethe same force and effect as a covenant orcondition thereof.

16. (I) Where it is provided in anypermit or licence that such permit or licenceis personal to the grantee thereof, all rightsunder such permit or licence shall be finallydetermined by the death of such grantee.

(2) Where it is provided in any permit orlicence that such permit or licence shall bepersonal to the grantee thereof, the land inrespect of which such permit or licence wasissued and all improvements effectedthereon shall, on the death of the grantee,be the property of the State; and no personclaiming through, from or under the granteeshall have any interest in such land or beentitled to any compensation for any suchimprovements.

17. (I) Where a Government Agent is ofopinion that the grantee of any permit orlicence has failed to observe any condition

attached to any such permit or licence, hemay cancel such permit or licence and ejectthe grantee in accordance with theprocedure prescribed in sections 106 to 128of the Land Development Ordinance whichshall apply accordingly as though thegrantee of a permit or licence under thisOrdinance were a permit-holder under thatOrdinance and as though the land which isthe subject-matter of a permit or licenceunder this Ordinance were land alienated bya permit issued under that Ordinance:

Provided that any matter or formrequired by the Land DevelopmentOrdinance to be prescribed in connexionwith the cancellation of a permit under thatOrdinance shall, for the purpose of theapplication of that Ordinance to thecancellation of a permit or licence under thisOrdinance, be prescribed under thisOrdinance.

(2) Where a permit or licence is cancelledunder subsection (I), all rights of thegrantee under such permit or licence shallcease and be finally determined.

18. Neither the grantee nor any otherperson shall be entitled to any compensationor damages whatsoever by reason of thecancellation of a permit or licence undersection 17; and no claim for compensationor damages shall in any such case beentertained by any court:

Provided that nothing herein containedshall preclude the gratuitous payment ofcompensation in any such case.

19. Where in any instrument ofdisposition issued or executed either beforeor after the commencement of thisOrdinance it is provided that anydisposition of the land comprised in suchinstrument shall not be effected by thegrantee without the prior consent orsanction of the President or of any specifiedofficer of Government, any dispositionexecuted by the grantee without suchconsent or sanction shall be void andinoperative for all purposes.

20. Where it appears to a prescribedofficer that any instrument of disposition(whether executed before or after the

No legalclaim forcompensationto be foundedon cancellationof permit orlicence

Dispositionsexecuted bygranteecontrary toprovisions Ininstrument ofdisposition arevoid.

Rectification oferrors, &c., ininstruments ofdisposition.

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STATE LANDS [Cap. 286

lise of thePublic Seal ofthe Island.

Execution ofinstruments ofdisposition.

Authenticationof instrumentsrequired to besigned by thePresident.

commencement of this Ordinance) containsany clerical or other error or requiresamendment in respect of the description ofthe land comprised therein or in respect ofthe inscription or recital of the name ordesignation of the grantee or of any othermaterial fact. such error may be rectified orsuch amendment may be made by anindorsement on such instrument ofdisposition signed by such prescribed officerand the grantee; and any indorsement sosigned shall be sufficient for all purposes torectify the error or to effect the amendment;and the instrument on which any suchindorsement is made shall have effect asthough it had been originally issued orexecuted as so rectified or amended.

PART II

EXECUTION, AUTHENTICATION AND

REGISTRATIO~ OF INSTRUMENTS

OF DISPOSITION

·21. An instrument of disposition neednot be issued under the Public Seal of theIsland except in such cases and in suchcircumstances as may be prescribed.

22. Every instrument of dispositionwhereby any State land is granted or sold,or leased for a term exceeding theprescribed period. shall be signed andexecuted by the President. Every otherinstrument of disposition shall be signedand executed by the prescribed officer.

23. ( I) The President may, if he thinksfit, instead of signing the original of anyinstrument of disposition, cause a facsimileof his signature to be stamped thereon; andany instrument so stamped shall be deemedto be signed by the President.

24. (I) A copy of every instrument ofdisposition signed or deemed to be signedby the President shall be authenticated bythe signature of a prescribed officer andshall be deposited for purposes of record atthe office of the Registrar of Lands of thedistrict in which the land disposed of by thatinstrument is situate and at any other officewhich the President may from time to timeappoint.

(2) A cop y 0 fan yin s t rum e n tauthenticated in the manner prescribed insubsection (I) shall be primary evidencewithin the meaning of section 62 of theEvidence Ordinance of the instrument ofwhich it purports to be a copy.

25. Any person who without theauthority of the President obtainspossession of or uses a stamp containing afacsimile of the President's signature shallbe guilty of an offence and shall, onconviction after summary trial before aMagistrate, be liable to a fine not exceedingone thousand rupees, or to imprisonment ofeither descripton for a period not exceedingsix months, or to both such fine andimprisonment.

26. (I) Every State grant and everyinstrument of disposition whereby Stateland is leased for a term exceeding theprescribed period shall, when issued, beforthwith registered at the instance of theGovernment Agent.

(2) No fee shall be paid or recovered forsuch registration.

PART III

VESTING ORDERS AND VESTED LA:"D

Authenticationof copies ofinstrumentssigned by thePresident.

Penalty forunlawfulpossession oruse of stamp "iPresident'ssignature.

Registration III

grants andleases.

(2) The facsimile of the signature of thePresident shall be stamped on the originalof any instrument by or in the presence ofthe Secretary to the President or some otherperson authorized in that behalf by thePresident; and the Secretary or such otherperson shall certify on the original that thefacsimile of the President's signature wasstamped thereon by him or in his presence,as the case may be.

27. ( I) The President may, by order Vesting order­

(hereinafter referred to as a .. vestingorder ") vest any State land for purposes ofadministration in any naval, military. airforce or local authority, subject to suchterms and conditions as may be specified insuch order.

(2) Where State land is vested in anynaval, military, air force or local authority,by a vesting order, any building or other

• See also paragraph (dJ of Article 33 of the Constitution.

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Cap. 286] STATE LANDS

Vesting ordersin favour ofauthoritieswhich are notcorporations inlaw.

Title of Stateunaffected byvesting orders.

structure standing or erected on such landshall be deemed to be vested in suchauthority by that order unless that orderotherwise provides; and, where State land isvested in a local authority, this subsectionshall have effect notwithstanding anythingin the written law whereby such localauthority is constituted or established.

(3) In this section, .. State land" includesState land in the possession of any localauthority in respect of which no vestingorder has been issued under any written lawor otherwise prior to the commencement ofthis Ordinance, notwithstanding the factthat such local authority has effected anyimprovements on such land or been inpossession thereof for any period prior tothe commencement of this Ordinance.

28. Where the President has by vestingorder vested any State land in any naval,military, air force or local authority which isnot a corporation in law, the President mayin such order specify by name or by officethe person or officer to be responsible forthe administration of the land so vested andfor the due observance and fulfilment of theterms and conditions inserted in the vestingorder; and the person or officer so specifiedin any vesting order shall have and is herebygranted full power and authority torepresent, to act for, and to bind such naval,military, air force or local authority for allthe purposes of this Ordinance; and wherethe holder of any office has been sospecified in any vesting order, he shall forsuch purposes be deemed to be acorporation sole with perpetual successionunder the name of that office.

29. It is hereby declared that,notwithstanding anything in any written lawother than this Ordinance, where any Stateland has been or shall be vested in any localauthority whether before or after thecommencement of this Ordinance andwhether by or under any written law, or byvesting order, or otherwise, such land hasbeen and is so vested for the purposespecified in the vesting order relating tosuch land or if no such purpose is specified,then for the purpose of administration only;and the right and title to the soil of suchland has at all times been and shall alwaysremain in the Republic:

Provided that nothing in this section shallaffect or be deemed to affect the title of anyperson to any land sold or otherwisedisposed of by any local authority underand in accordance with the provisions ofany written law whereby such authority wasconstituted or established.

30. (I) The President may at any time Revocation ofrevoke a vesting order-- vesting order

(0) at the request of the naval, military,air force or local authority infavour of which the vesting orderwas made;

(b) where in the opinion of the Presidentthere has been a breach of any termor condition subject to which thevesting order was made;

(c) where in the opinion of the Presidentthe contingency has occurred on thehappening of which the vestingorder is to cease to be in force;

(d) where in the opinion of the Presidentthe period for which the vestingorder is to be in force has expired;

(e) where in the opinion of the Presidentthe land comprised in the vestingorder is required for any publicpurpose;

(j) where in the opinion of the Presidentthe local authority in whose favourthe vesting order was made hasfai led or neglected d u IY toadminister the land comprised insuch vesting order;

(g) where in the opinion of the Presidentthe vesting order should be revokedin the public interest; or

(h) on any other prescribed ground or inany other prescribed circumstances.

(2) No vesting order whereby State landhas been vested in any naval, military, airforce or local authority shall be revokedunless and until that authority has beenafforded an opportunity of showing causeor making representations against theproposed revocation.

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STATE LANDS [Cap. 286

Nocompensationpayable uponrevocation ofvesting order.

Surrender ofvested lands.

Effect ofrevocation ofvesting orderor surrender ofvested land.

. Written lawenacted forprotection ofState lands toapply equallyto lands vestedin a localauthority.

(3) In this section, .. vesting order" meansany order, document or instrument whetherissued under this Ordinance or under anyother written law or otherwise either beforeor after the commencement of thisOrdinance.

31. (I) Subject to the provisions ofsubsections (2) and (3), where a vestingorder has been revoked under section 30, nocompensation for improvements effected onthe land comprised in such vesting ordershall be paid or payable to any naval,military, air force or local authority or toany other person; and no claim against theState for compensation or damages shall beentertained by any court.

(2) Nothing in subsection (I) shallpreclude the gratuitous payment ofcompensation in any particular case.

(3) Sub sec t ion (1) s h a 11 h a v e noapplication in a case where the vesting orderwhich is revoked under section 30 makesprovision for the payment of compensationfor improvements effected on the landcomprised in such vesting order.

32. Any naval, military, air force orlocal authority may at any time surrender tothe Republic any State land vested in suchauthority under this Ordinance or by orunder any written law other than thisOrdinance. Such surrender shall be effectedby an instrument executed by the authorityconcerned or by the person entitled to acton behalf of such authority.

33. Upon the revocation under section30 of a vesting order relating to any land, orupon the surrender under section 32 of anyland vested in any naval, military, air forceor local authority such land shall revest inthe Republic which will resume theadministration thereof; and the interest ofthe naval, military, air force or localauthority, as the case may be, in that landshall thereupon cease and be determined.

34. (I) The provisions of any writtenlaw relating to the protection, preservationor survey of State land, the demarcation ofthe boundaries of such land, the removal ofencroachments and the ejectment of personsencroaching or trespassing thereupon, shall

be applicable to any State land vested in alocal authority notwithstanding that thewritten law by or under which such localauthority is constituted or established maymake special provision in regard to suchmatters.

(2) The President may, by Orderpublished in the Gazette, specify theprovisions of written law referred to insubsection (I) ; and any provision of writtenlaw so specified shall for all purposes bedeemed to fall within the category of thelaws referred to in that subsection.

(3) In order to enable a local authority totake action under any written law referredto in subsection (1) and for the purpose ofthe application of such law to State landvested in a local authority, the Presidentmay, in any Order published undersubsection (2), provide that any written lawspecified in that Order shall be applicable toState land vested in a local authority subjectto such modification, adaptation, alterationor amendment of such written law as maybe prescribed in such Order; and such lawas so modified, adapted, altered or amendedshall have application accordingly; andevery such Order shall be as valid andeffectual as if it were herein enacted.

(4) This section shall apply to all Stateland vested in a local authority whetherbefore or after the commencement of thisOrdinance and whether by or under anywritten law or otherwise.

(5) Nothing in this section shall affect orbe deemed to affect any provision of anywritten law by or under which any localauthority is constituted or established.

35. (I) Any local authority in which anyState land is vested shall, when so requiredby the Land Commissioner, cause that landto be surveyed by the Surveyor-General atits own expense; and the Surveyor-Generalis hereby required to survey that land and toprepare and furnish a plan thereof, on proofto his satisfaction of the requisition made bythe Land Commissioner to the localauthority and on prepayment by the localauthority of the cost of such survey andplan.

Survey of Stateland vested in alocal authorityon requisitionof LandCommissioner.

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Cap. 286] STATE LANDS

40. On an appeal preferred by a Village Powers of

Council, the Minister may- Minister onappeal.

( I) allow the appeal and reverse therecommendation of theGovernment Agent; or

(2) A local authority shall, upon receiptof a plan prepared by the Surveyor-Generalunder subsection (I), forthwith transmitsuch plan or a certified copy thereof to theLand Commissioner.

(3) Where a local authority has beenrequired by the Land Commissioner undersubsection (I) to cause any land to besurveyed by the Surveyor-General and has.in the opinion of the Land Commissioner,failed or neglected to comply with suchrequisition or to prepay to the Surveyor­General the cost of the survey, the LandCommissioner may cause such survey to bemade by the Surveyor-General and shallcertify the cost thereof to the localauthority; and upon the issue of any suchcertificate, the local authority shall be liableto pay the amount of the cost specified inthe certificate and such amount shall, untilpaid, be a charge on the rates, revenue andfunds of the local authority.

(2) A copy of the recommendation madeby the Government Agent under subsection(I) shall be sent by registered post by letteraddressed to the Chairman of the VillageCouncil and shall be deemed to be served onthe Village Council on the date on whichsuch letter would ordinarily be delivered tothe Chairman.

39. A Village Council dissatisfied withthe recommendation made by theGovernment Agent under section 38 may,within thirty days of the service of a copy ofsuch recommendation to the Council,appeal therefrom to the Minister.

Appeal 10

Minister

Part III not toapply to landacquired underthe LandAcquisitionOrdinance orAct andthereaftervested in anyauthority.

36. Nothing in the preceding provisionsof this Part shall apply to any land acquiredby the State under the provisions of theLand Acquisition Ordinance, 1876,* or theLand Acquisition Act and thereafter vestedin any naval, military, air force or localauthority on payment, by such authority, ofthe cost of such acquisition or of thecompensation awarded on such acquisition.

(2) direct further enquiry ,0 be made orinformation to be furnished orevidence to be taken; or

(3) modify the recommendation made bythe Government Agent; or

(4) affirm the recommendation of theGovernment Agent.

V'lIage Councilto furnishschedules ofState landsclaimed to bevested undersection 31 ofVillageCouncilsOrdinance.

Rccornrnen­dation ofGovernmentAgent on claimpreferred andnouficationI hereof III

Villag,·Council.

PART IV

S'I AH' LA:,\[)S VESTED I~

VII.I.ACiE COUNCILS

37. Every Village Council shall, on orbefore the prescribed date, transmit to theGovernment Agent in the prescribed form aschedule containing the prescribedparticulars of all State lands which theVillage Council claims is vested in suchCouncil by section 31 of the VillageCouncils Ordinance.

38. (I) On receipt of the scheduletransmitted to him under section 37. theGovernment Agent shall, after such inquiryas he may deem necessary, recommend tothe Minister that such claim should beadmitted or rejected or should be modifiedin such manner as may be set out in therecommendation.

• Repealed hy Act No.9 of 1950.

41. Where the Minister acts underparagraph (2) of section 40, the decision ofthe Minister shall be communicated to theGovernment Agent, who shall forthwithcomply with the direction of the minister.

42. Where the Minister acts underparagraph (I) or paragraph (3) or paragraph(4) of section 40, the decision of theMinister shall be submitted to the Presidentfor confirmation.

43. Where no appeal has been preferredby a Village Council, the recommendationof the Government Agent shall be submittedto the President for confirmation.

Procedurewhere \1 IIII'terdesires furtherevidence orinformation

Decision otMinister to 0,'submitted toPresident forconfirrnauon

Where noappeal.recommen­dation 01GovernmentAgent to besubmitted tcPresident forconfirmation.

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STATE LANDS [Cap. 286

President'sorder on allclaims to befinaJandconclusive.

Vesting ordersto be issued onestablishmentof claim ofVillageCouncil.

Failure toclaim Stateland ispresumptiveproof that suchland is notvested undersection 31 ofVillageCouncilsOrdinance.

Special leasesby localauthorities oflands vested insuchauthorities.

44. The Pre sid e n t may, 0 nth esubmission to him of a decision of theMinister under section 42 or of therecommendation of the Government Agentunder section 43, order that such decision orrecommendation be confirmed or makesuch other order thereon as he may deemfit; and such order shall be final andconclusive for all purposes.

45, A vesting order under section 27shall be issued in favour of the VillageCouncil for any State land in respect ofwhich the claim of that Village Council hasbeen established as hereinbefore provided.

46. Where no claim has been preferredunder this Part by a Village Council inrespect of any State land, it shall bepresumed for all purposes that such land isnot vested in that Village Council undersection 31 of the Village CouncilsOrdinance.

PART V

SPECIAL LEASES By LOCAL

AUTHORITIES OF LANDS VESTED

IN SVCH AUTHORITIES

47. (1) A local authority may, with thesanction of the Minister granted generally inrespect of any class of cases or specially inany particular case, lease any land vested insuch authority by or under this Ordinanceor any other written law, subject to thecondition that all or any of the provisions ofChapters V, VI, VII, VIII and IX of theLand Development Ordinance shall apply tothe land leased by the local authority as to aprotected holding" alienated under thatOrdinance; and upon the lease of any landsubject to such condition, the provisions ofthe Land Development Ordinance specifiedin the instrument of lease shall applyaccordingly; and for the purposes of suchapplication, the lease shall be deemed to bean alienation, the leased land shall bedeemed to be a protected holding" and thelessee the owner of that holding, and theMayor or Chairman of the local authority

shall be deemed to be the GovernmentAgent and may exercise, discharge orperform in respect of the leased land or thelessee any power, duty or function vested in,imposed upon or assigned to theGovernment Agent under the LandDevelopment Ordinance.

(2) The sanction of the Minister shall besufficient to enable any local authority tolease in the manner set out in subsection (I)any land vested in such authoritynotwithstanding anything in any written lawwhereby such local authority is constitutedor established and notwithstanding theabsence in any such written law of anyprovision conferring on such local authoritythe power to hold or lease land.

(3) Every instrument of lease undersubsection (I) shall contain a recital to theeffect that the Minister has granted hissanction to the lease and from such recital itshall be presumed, until the contrary isproved, that the sanction of the Minister tothe lease was duly obtained.

48. (I) Where, in any indenture of leaseexecuted prior to the commencement of thisOrdinance by the Urban Council of Jaffna,provision has been inserted that the lesseeshall hold the leased land until such time aslegislation for the cancellation of that leaseis enacted or for a term of years or until thedeath of the lessee, whichever event isearlier, this Ordinance shall be deemed to bethe legislation referred to in that indentureof lease; and every such lease which has notbeen determined prior to thecommencement of this Ordinance inaccordance with the said provision. or anyother provision contained in the indenturecreating such lease is hereby cancelled: andsuch cancellation shall be binding on thelessor and on the lessee and on the nominee,if any, of the lessee under the indenture oflease and on every person claiming orpurporting to claim from, through or underthe lessee.

(2) Every lessee whose lease is cancelledunder subsection (I) shall be entitled toobtain from the Urban Council of Jaffna alease for the same land as that demised tohim under the lease so cancelled.

Cancellation 01Karaiyur slumarea leases andprovision forissue of newleases.

• The references to" protected holdings" in Chapters V and VI of the Land Development Ordinance have beenreplaced with references to a" permit-holder paying an annual sum by vinue of the provisions of section 19A (3)",which section has been subsequently repealed by section S3 of the Sale of State Lands (Special Provisions) Law,No. 43 of 1973- See also the List of Enactments omitted from the Revised Edition.

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Cap. 286] STATE LANDS

Constitution ofStatereservations.

In this subsection, .. lessee" includes thenominee of a lessee who had died prior tothe date of the commencement of thisOrdinance in a case where no indenture oflease has been executed in favour of suchnominee prior to that date.

(3) For the purposes of the application ofthe provisions of section 47 to any leasereferred to in subsection (2), the land leasedand demised to the Urban District Councilof Jaffna, by the indenture of lease moreparticularly described in the First Schedule,for the purpose of housing people residentwithin the area commonly called theKaraiyur slum area within the town ofJaffna, shall be deemed to be land vested inthe Urban Council" of Jaffna by thisOrdinance; and it is hereby declared thatthe sanction of the Minister is granted forthe execution of all such leases and that arecital of the grant of such sanction may bemade in any indenture executed for thepurpose of any such lease.

(4) Save as hereinbefore provided, anylease executed by the Urban Council" ofJaffna and referred to in subsection (I) andthe lease to the Urban District Council ofJaffna referred to in subsection (3) and theterms, conditions, covenants, provisions andstipulations of any indenture whereby anysuch lease was created, shall have the sameforce and effect and shall bind both thelessor and the lessee mentioned in any suchindenture to the same extent as though thisOrdinance had not been enacted.

PART VI

RESERVATIONS

49. Subject as hereinafter provided, theMinister may, by Notification published inthe Gazette, declare that any State land isconstituted a State reservation for anyoneor more of the following public purposes:-

(I) the protection of the source, course orbed of any public stream;

(2) the protection of springs, tanks,reservoirs, lakes, ponds, lagoons,creeks,· canals, aqueducts, elas,

• Now the Municipal Council of Jaffna.

channels (whether natural orartificial), paddy fields and landsuitable for paddy cultivation;

(3) the protection of the foreshore;

(4) the construction or protection ofroads, paths, railways and othermeans of internal communication;

(5) the construction or protection ofquays, landing places, hospitals,burial grounds, cemeteries, markets,schools, libraries, museums or otherpublic works;

(6) the prevention of the erosion of thesoil ;

(7) the preservation of water supplies;

(8) the defence of Sri Lanka;

(9) any other prescribed purpose:

Provided that no State land shall be soconstituted a State reservation unless thatland-

(a) has been surveyed and depicted on aplan prepared by or under theauthority of the Surveyor-General;and

(b) has been declared to be the propertyof the State under the LandSettlement Ordinance or under anyenactment repealed by OrdinanceNo. 20 of 1931; or

(c) has been declared to be the propertyof the State by a decree of court ina reference case under the WasteLands Ordinances, 1897 to 1903 ; or

(d) has been acquired by the State underthe provisions of the LandAcquisition Ordinance, 1876, or theLand Acquisition Act; or

(e) has been resumed by the State underthe provisions of the LandsResumption Ordinance.

SO. Subject as hereinafter provided andwithout prejudice to the powers conferredby section 49, any State land which is

Statereservations forpublic streams.

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STATE LANDS [Cap. 286

Cancellation ofStatereservations.

Title to Statereservationscannot beacquired bypossession oruser.

State not liableto paycompensationforimprovementseffected onreservationsaftercommencementof Ordinance.

Summaryejectment ofoffenders inunlawfulpossession ofStatereservations.

immediately adjacent to a public stream andlies within a prescribed distance therefrommeasured in such manner as may beprescribed shall, for the purposes of thisOrdinance, be deemed to be a Statereservation constituted by Notificationunder section 49; and all the provisions ofthis Part shall apply accordingly to any suchreservation:

Provided that this section shall not applyto any State land unless such land fallswithin the category of any class of landreferred to in paragraphs (b), (c), (d), and(e) of the proviso to section 49.

51. The Minister may, by Notificationpublished in the Gazette, declare that anyState reservation (other than a roadreservation) shall cease to be a Statereservation with effect from a date to bespecified in the Notification.

52. No person shall, by possession oruser of any State reservation after thecommencement of this Ordinance, acquireany prescriptive title to any such reservationagainst the State; and neither thePrescription Ordinance nor any other lawrelating to the acquisition of rights by virtueof possession or user shall apply to any suchreservation after the commencement of thisOrdinance.

53. Subject as hereinafter provided, noperson shall be entitled to any compensationfrom the State in respect of anyimprovements effected at any time after thecommencement of this Ordinance on anyState reservation; nor shall any claim forany such compensation be at any timeentertained by any court:

Provided that nothing herein containedshall affect or be deemed or construed toaffect the right of any person to claim orreceive compensation from the State inrespect of any improvements effected on anyState reservation after the commencementof this Ordinance under or by virtue of acontract with the State expressly providingfor the payment of compensation in respectof such improvements.

54. ( I) Where any person who has beenconvicted under any written law for the timebeing included in the Second Schedule ofany offence committed in or upon a Statereservation is in occupation or possession of

that reservation or any part thereof, aMagistrate having local jurisdiction over thearea in which such offence was committedshall, on the application of the GovernmentAgent, by order direct the Fiscal or a policeofficer to eject such person from thatreservation and to deliver possession thereofto the Government Agent or to hisrepresentative.

(2) A Fiscal or police officer charged withthe execution of an order of ejectment madeby a Magistrate under this section shallcomply with the directions of the Magistrateand shall make due return in the prescribedform furnishing the prescribed particularsrelating to the execution of the order.

(3) In the execution of an order ofejectment a Fiscal or police officer or anyother officer authorized by oraccompanying the Fiscal or police officermay use such force as may be necessary toeject from the State reservation. the offenderagainst whom the order is made and anyother person in possession or occupation ofsuch reservation or part thereof on behalf oron account of the offender and to deliverpossession of the reservation to theGovernment Agent or to his representative:

Provided that in a case where an appeallies against the conviction of the offender,he shall not be ejected until the convictionhas been affirmed in appeal or, if no appealis preferred, until after the expiry of thetime within which such appeal could havebeen preferred.

PART VII

ROAD RESERVATlOI'S

55. The following classes of State land Road

shall be deemed to be road reservations for reservations.

the purposes of this Ordinance :-

(I) State land which is land marked anddescribed as a road reservation inany land-sale or other noticepublished in the Gazette prior tothe commencement of thisOrdinance under the hand of theGovernor, the Colonial Secretary,the Land Commissioner, or anyother officer of the Government;

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Cap. 286] STATE LANDS

(2) State land which is shown or depictedas a road reservation in any planprepared by or under the authorityof the Surveyor-General prior tothe commencement of thisOrdinance;

(3) State land constituted a Statereservation for a road or path byNotification of the Minister undersection 49;

(4) State land adjoining any road andreserved for the protection orbenefit of that road;

(5) all waste land which, not beingprivate property, lies within adistance of 33 feet of the middle ofa public carriageway or cartway orwithin 10 feet of the middle of apublic pathway;

(6) State land marked off and reservedfor the construction of a path orroad.

thoroughfare referred to in section44 (2) of the Urban CouncilsOrdinance may be leased by theGovernment Agent with thesanction of that local authority;

(4) a road reservation situate within theadministrative limits of a localauthority and vested in that localauthority may be leased by thatlocal authority with the sanction ofthe Government Agent:

Provided that no road reservationreferred to in paragraph (I) or paragraph (2)or paragraph (3) and adjoining athoroughfare deemed to be a principalthoroughfare for the purposes of theThoroughfares Ordinance shall be leased bythe Government Agent except with theapproval of the Director of Highways andthe sanction of the local authority, wheresuch sanction is required by the precedingprovisions of this section.

PART VIIICancellation ofroadreservations.

56. Subject as hereinafter provided andnotwithstanding anything in any written lawother than this Ordinance, the Ministermay, by Notification published in theGazette, declare that any land shall cease tobe a road reservation:

THE FORESHORE

58. The administration, control, custodyand management of the foreshore arehereby declared to be vested in the State.

Administrationof foreshorevested in theState.

Provided that such declaration shall notbe made except in such circumstances andin such cases as may be prescribed.

59. Regulations may be made forrestriction and control of the use offoreshore by members of the public.

the Regulation ofthe user of

foreshore.

Lease of roadreservations.

57. Subject as hereinafter provided andsubject to the provisions of any written lawby or under which any local authority isconstituted or established-

(I) a road reservation not situate withinthe administrative limits of anylocal authority may be leased by theGovernment Agent;

(2) a road reservation situate within theadministrative limits of a localauthority and not vested in thatlocal authority may be leased by theGovernment Agent;

(3) a road reservation situate within theadministrative limits of a localauthority and adjoining any public

60. The President IS herebyauthorized-

(I) to construct quays, wharves, jetties orother public works along or outfrom the foreshore or in the bed ofthe sea adjacent thereto;

(2) to dredge the bed of the sea;

(3) to reclaim any part of the foreshore orbed of the sea;

(4) to erect buildings on any areas of landreclaimed from the sea; and

(5) to lease or otherwise dispose of anysuch reclaimed area.

Governmentauthorized toconstructworks onforeshore. &c.

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STATE LANDS [Cap. 286

Power to leaseforeshore andsea-bed.

Power to issuepermits fortemporaryoccupation offoreshore andsea-bed.

Power todeclare areafrom which seasand, &c., maynot beremoved.

Power ofGovernmentAgent toprohibitremoval ofsand, &c., fromany panicularplace onforeshore.

Penalty forunlawfulremoval ofsand fromforeshore, &c.

61. The President may lease any part ofthe foreshore or bed of the sea if he issatisfied, after such inquiry as he may deemnecessary, that such lease will notsubstantially prejudice the rights of thepublic thereto.

62. A Government Agent or otherprescribed officer may issue permits for theoccupation for any period not exceedingone year of any part of the foreshore or bedof the sea.

63. (I) The Min i s t e r may, byNotification published in the Gazette,declare any part of the foreshore as an areafrom or over which no sand, stone, coral orother substance shall be removed; andthereupon no person shall remove fromsuch area or from the bed of the seaadjacent thereto to a distance of one milefrom the foreshore any sand, stone, coral orother substance without a licence from theGovernment Agent or other prescribedofficer.

(2) Every such licence shall specify anddefine, as far as practicable, the place fromwhich sand, stone, coral or other substancemay be removed, and may set forth suchprescribed terms and conditions (including acondition as to the payment of fees ormoney) subject to which sand, stone, coralor other substance may be removed.

64. It shall be lawful for a GovernmentAgent to prohibit the removal of sand,stone, coral or other substance from anyplace on the foreshore adjoining or near anypublic road, thoroughfare, public work orpublic building, or adjoining or near anypart of the Government Railway, if suchremoval is, in his judgment, likely to injuresuch road, thoroughfare, public work,public building or railway; and he shallcause notice of such prohibition to be givenby such means as shall seem to him likely togive sufficient publicity thereto.

65. Any person who in contravention ofthe provisions of section 63 or contrary tothe terms of any licence issued under thatsection, or in contravention of a prohibitionunder section 64 removes any sand, stone,coral or other substance, or causes, or

• Repealed by Ordinance No.8 of 1947.

assists in, such removal, shall be guilty of anoffence and shall be liable on conviction toa fine not exceeding one hundred rupees, orto imprisonment of either description for aperiod not exceeding three months, or toboth such fine and imprisonment.

66. The removal of sand, stone, coral orother substance contemplated by sections 63,64 and 65 shall include the doing of any actupon any property, whether belonging toany person or persons whomsoever orotherwise, which causes the disturbance ordisplacement of sand, stone, coral or othersubstance on or from any place on theforeshore or bed of the sea aforesaid.

67. In any case in which a GovernmentAgent has refused to issue a permit undersection 62 or a licence under section 63, orhas issued any such permit or licence subjectto a condition to which objection is takenby the holder of the permit or licence, or hasissued a prohibition under section 64, anappeal shall lie by any person aggrieved tothe Minister:

Provided that every such appeal shall bemade within twenty-one days of suchrefusal, or imposition of condition, orprohibition, as the case may be ;

Provided, further, that such appeal shallnot affect the validity of any suchprohibition pending the consideration of theappeal.

68. ( I) Any Proclamation issued undersection 2 of the Seashore ProtectionOrdinance, No. 12 of 1911,· and in forceimmediately prior to the commencement ofthis Ordinance shall continue in force andhave effect as though it were a Notificationissued under section 63.

(2) Any prohibition issued under section4 of the Seashore Protection Ordinance,No. 12 of 1911,· and in force immediatelyprior to the commencement of thisOrdinance shall continue in force and haveeffect as though it were a prohibition issuedunder section 64.

69. Nothing in the preceding provisionsof this Part shall be or be construed inderogation of any of the powers or rights of

Meaning of"removal ofsand", &c.

Appeals to theMinister.

Proclamationsandprohibitionsissued underSeashoreProtectionOrdinancedeemed to bein force underthis Ordinance.

Saving as torights toforeshore.

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Cap. 286] STATE LANDS

the State in respect of the foreshore, or thesoil of the foreshore, or the territorial watersof Sri Lanka.

PART IX

REGULATION AND CONTROL OF THE

USE OF THE WATER OF LAKES

AND PUBLIC STREAMS

Interpretation 70. In this Part, unless the contextof Part IX. otherwise requires-

.. lake" includes a lagoon, swamp or othercollection of still water, whetherpermanent or temporary, not beingwater contained in an artificialwork;

.. private lake" means a lake which issituate entirely within theboundaries of any private land;

.. private stream" means any stream thesource and entire course of which iswithin private land;

.. public lake" means any lake other thana private lake;

.. public stream" means any stream otherthan a private stream;

.. stream" includes any river, creek or ela,whether perennial or intermittent,flowing in a natural channel, andany affluent, confluent or branchinto or from which the streamflows;

deemed to include a reference to the tank orreservoir described in that Notification.

72. The right to the use and flow and to . RighI of State

the management and control of the water in in waters of. . public lakes

any public lake or public stream shall, and streams.

subject to the restrictions hereinaftermentioned, vest in the State. And in theexercise of that right, the State, by itsofficers and servants, may enter any landand take such measures as may be thoughtfit or as may be prescribed for theconservation and supply of such water asaforesaid and its more equal distributionand beneficial use and its protection frompollution, and for preventing theunauthorized obstruction of public streams.

73. The right vested in the State by Restrictions tosection 72 shall be subject to the following right of therestrictions :_ State.

(I) it shall not be exercised incontravention of any rightconferred on and lawfullyexercisable by any person,company, corporation, board, orlocal authority by or under anywritten law other than thisOrdinance or of any licence grantedby the State;

(2) it shall be subject to the rights of theoccupiers of land on the banks ofpublic lakes and public streams ashereinafter defined;

(3) it shall be subject to the rights of theholders of permits issued under thisPart of this Ordinance.

Tanks may bedeclared aslakes.

.. work" includes any dam, lock, tank,reservoir, weir, flume, race, channel(whether an artificial channel or anatural channel artificiallyimproved), and any cutting, tunnel,pipe, sewer and any machinery andappliances.

71. The Minister may, by Notificationpublished in the Gazette, declare that anytank or reservoir described in thatNotification shall be a lake for the purposesof this Part notwithstanding that such tankor reservoir is an artificial work; and, uponthe publication of any such Notification,any reference in this Part to a lake shall be

74. (I) Where the right of the owner ofany land on the bank of a public lake orpublic stream to use the water in that lakeor stream for any purpose on that land,being a right acquired under any lawrelating to the acquisition of rights by virtueof user, is extinguished by the operation ofsection 72, such owner shall have a claim forcompensation from the State for the actualloss suffered by him as a result of theextinction of such right.

(2) Every claim for compensation undersubsection (l) shall be made in writingaddressed to the Land Commissioner andspecifying-

(a) the name and address of the claimant,

Compensationfor extinctionof prescriptiveright to usewater in publiclake or publicstream.

XIj306

STATE LANDS [Cap. 286

Rights ofriparianproprietors.

(b) the facts on which the' claimant reliesto prove the claim, and

(c) the amount of the compensationclaimed and the manner in which orthe principles according to whichthat amount has been computed orestimated.

(3) No claim under subsection (I) shall beentertained by the Land Commissionerunless it has been preferred within one yearafter the commencement of this Ordinance.

(4) After consideration of each writtenclaim entertained by him, the LandCommissioner-

(0) shall inform the claimant, byregistered letter sent by post to theclaimant, whether the claim isadmitted in whole or part or is notadmitted by the State, and,

(b) if the claim is admitted whether inwhole or in part, shall tender to theclaimant the amount claimed byhim or, as the case may be, theamount which the State is willing topay as compensation.

(5) Where a claimant is aggrieved by therefusal of the State to admit the claim or byany reduction of the amount claimed by himas compensation, he may institute an actionfor enforcing the claim or for recovering thefull amount in the District Court havinglocal jurisdiction over the place where theright in respect of which the claim is made isalleged to have been exercised by him.

(6) No action under subsection (5) shallbe maintainable by a claimant unless it hasbeen instituted within one year after thereceipt by him of the letter referred to insubsection (4).

75. The occupier of land on the bank ofany public lake or public stream shall havethe right to use the water in that lake orstream for domestic purposes, for thepurpose of watering cattle or other stockand for agricultural purposes, subject to thecondition that the water to be used for anyof the said purposes shall not be divertedthrough a channel, drain or pipe or by means

of a pump or other mechanical contrivance,but shall be removed in a bucket or otherreceptacle.

76. It is hereby declared that the bed ofa public lake or public stream is theproperty of the State:

Provided that nothing in the precedingprovisions of this section shall affect or bedeemed to affect the rights of any personclaiming through or under any instrumentof disposition executed before thecommencement of this Ordinance.

77. (I) Subject as hereinafter provided,no person shall-

(0) divert any water from a public lake orpublic stream; or

(b) construct or maintain any work in, orupon the bank of, any public lakeor public stream; or

(c) construct or maintain any bridge orcauseway in or over a public lake orpublic stream,

except under authority of a permit issued,on behalf of the State, by the GovernmentAgent or other prescribed officer:

Provided that no permit shall be requiredto authorize any person to divert any waterfrom a public lake or a public stream in anycase where such person is entitled so todivert such water under the IrrigationOrdinance or the provisions of any otherwritten law.

(2) Every such permit shall be in suchform and contain such conditions andprovide for such payments as may beapproved by the Land Commissioner eithergenerally or in the circumstances of anyparticular case.

78. In considering an application for apermit under section 77, the GovernmentAgent shall have regard to the followingmatters :-

(I) the rights of riparian proprietors whoare likely to be affected by the issueof the permit;

State is ownerof bed ofpublic lake orstream.

Permits todive" waterand constructworks andbridges.

Matters to betaken intoaccount inconsidering anapplication fora permit undersection 77.

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Cap. 286] STATE LANDS

Advisoryboard.

Communi­cation ofGovernmentAgent'sdecision toapplicant forpermit.

(2) the interests and requirements of tbeState and of any local authorityconcerned;

(3) the probability that the grant of thepermit may prejudicially affect anywork or proposal contemplated orundertaken by the State or by anylocal authority; and

(4) any other prescribed matter.

79. The Minister may appoint anadvisory board to assist the GovernmentAgent in the consideration of applicationsfor permits under section 77. Any suchadvisory board may be appointed generallyfor any province or other area or to assist inthe consideration of an application in anyparticular case.

80. ( I) The Government Agent shall,after consideration of an application for apermit under section 77, inform theapplicant by letter whether his applicationhas been allowed or disallowed; and wheresuch application has been allowed, theGovernment Agent shall, together with suchletter, transmit the permit to the applicant.

(2) An applicant who has madeapplication for any permit under section 77and is aggrieved by the disallowance of hisapplication or by the insertion of any termor condition in the permit issued to himmay, subject as hereinafter provided, appealagainst such disallowance or the insertion ofsuch term or condition to the Ministerwithin one month of the receipt of the letterreferred to in subsection (I) :

Provided that no such appeal shall bemade to, or entertained by, the Minister inany case where the applicant has applied tothe District Court for a declaration undersection 81.

(3) The Minister may, upon an appealpreferred under subsection (2), by order-

(a) affirm the order or disallowance madeby the Government Agent; or

(b) reverse such order and direct that apermit be issued to the applicant,containing such terms andconditions as the Minister maydetermine; or

(c) affirm the insertion of any term orcondition in any permit issued tothe applicant, or modify or varyany term or condition inserted inany such permit, or direct that anysuch term or condition be omittedfrom such permit.

(4) Every order made by the Ministerupon an appeal preferred under subsection(2) shall be final and conclusive; and it shallbe the duty of the Government Agent totake all such action as may be necessary togive effect to such order.

81. (I) An applicant who has madeapplication for a permit to divert any waterfrom a public stream and is aggrieved-

(a) by the disallowance of his applicationby the Government Agent; or

(b) by the insertion of any term orcondition in the permit issued tohim,

on the ground that the diversion, orproposed diversion of the water in questionis not in excess of his legal rights or that thesaid term or condition is in derogation ofhis legal rights, may, subject to theprovisions of subsection (2), apply, withinone month of the receipt of the letterreferred to in section 80, to the DistrictCourt having local jurisdiction over theplace where the water is to be diverted fromthat public stream for a declaration of hislegal rights in the matter in question; andsuch District Court shall have power, onsuch application, after notice to theGovernment Agent and after such inquiry asthe court may deem necessary, to declaresuch rights and to give all necessary directionswith regard to such permit and the termsand conditions thereof so as to secure thelegal rights of the applicant; and theGovernment Agent shall comply with andgive effect to the directions of the DistrictCourt, whose order shall be final and notsubject to any appeal.

(2) No application under subsection (I)shall be made to, or entertained by, anyDistrict Court in any case where theapplicant has appealed to the Ministerunder subsection (2) of section 80.

Right ofaggrievedapplicant toappeal toDistrict Court.

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STATE LANDS [Cap. 286

Validation ofpreviouslicences, &c.

Penalty forunlawfuldiversion ofwater of publiclake or stream,&c.

Cancellation ofpermits.

(3) Save as provided in subsection (I), thedecision of the Government Agent to allowor disallow any application and the termsand conditions of any permit issued undersection 77 shall not be subject to review byor appeal to any court.

82. Every licence, permit or otherinstrument issued and every agreemententered into prior to the commencement ofthis Ordinance which purports to authorizethe commission of any act specified inparagraphs (a), (b) and (c) of section 77 (I)shall have effect as though such licence,permit, instrument or agreement were apermit issued under section 77 and asthough the terms and conditions of any suchlicence, permit, instrument or agreementwere the terms and conditions of a permitissued under that section; and every suchlicence, permit, instrument or agreementshall for all purposes be deemed to be apermit issued under section 77 and ishereinafter referred to by that name.

83. Any person who commits any actspecified in paragraphs (a), (b) and (c) ofsubsection (1) of section 77 except underauthority of a permit issued or deemed to beissued under that section shall be guilty ofan offence and shall, on conviction aftersummary trial before a Magistrate, be liableto a fine not exceeding five hundred rupeesor to imprisonment of either description fora period not exceeding six months, or toboth such fine and imprisonment.

84. (1) Any permit issued under section77 or deemed to be issued under that sectionmay be cancelled by a Government Agent-

(a) in the event of a breach of any termor condition inserted or deemed tobe inserted in such permit; or

(b) after three months' notice in writingto the permit-holder or otherperson lawfully exercising anyrights under any such permit:

Provided that no such permit shall becancelled in the manner provided inparagraph (b) of this subsection unless thecommission of the particular act specified inthe permit has, during a continuous period

of not less than three years, been authorizedby a permit or permits issued or deemed tohave been issued under section 77.

(2) The provisions of subsection (I) (b)

shall have effect notwithstanding that anypermit referred to in subsection (I) containsa clause requiring notice but not specifyingthe period of such notice, or a clauserequiring a period of notice greater or lessthan three months, or no clause for thetermination of such permit whether afternotice or otherwise.

(3) Any permit-holder aggrieved by thecancellation under subsection (I) of thepermit issued to him may appeal againstsuch cancellation to the Minister; and theMinister may, upon such appeal, by order-

(a) affirm the order of cancellation, or

(b) reverse such order and direct that thepermit shall continue in force,subject to such conditions (if any)as the Minister may determine.

(4) Every order made by the Ministerupon an appeal preferred under subsection(3) shall be final and conclusive, and it shallbe the duty of the Government Agent totake all such action as may be necessary togive effect to such order.

PART X

RECOVERY OF PAYMENTS DUE To THE

STATE AND CANCELLAnON OFINSTRUMENTS OF DISPOSITION

85. A certificate to the effect that aspecified sum of money was due to the Statefrom a specified person on a specified dateunder an instrument of disposition shall, ifit purports to be signed by a GovernmentAgent, be prima facie proof of the factsstated therein, and shall be admissible asevidence of such facts in any court of lawwithout proof of the signature of theGovernment Agent.

Certificate ofGovernmentAgent.

XII 309

Cap. 286] STATE LANDS

Application ofsummaryprocedure forrecovery of,

, .

:">I'llr underinstruments l,f•.1 isposit ion.

Cancellation llfinstruments ofdisposition fornonpayment ofmoneys due tothe State.

Notice to issueon party inoccupation tovacate land.

86. Any money due to the State underany instrument of disposition may berecovered by civil action instituted by the.Attorney-Gcneral by way'!; su m rnar.

procedure under sections 703 to 711 andsection 829A* of the Civil Procedure Code:and, for the purposes of such recovery andthe application of the provisions of thatCode, sections 703 and 829A* of the Codeshall have effect as though, in each of thosesections, there were substituted for thewords" or instrument or contract in writingfor a liquidated amount of money, ", thewords" or instrument or contract in writingfor a liquidated amount of money, orcertificate of a Government Agent undersection 85 of the State Lands Ordinance, .. :

Provided that nothing in the precedingprovisions of this section shall affect or bedeemed or construed to affect the right ofthe State to recover any moneys due to theState under any instrument of disposition inany other manner or by any other procedureprescribed by any written law other thanthis Ordinance.

87. (I) Where in any instrument ofdisposition, provision is made to the effectthat the disposition effected thereby may becancelled or determined or shall cease in theevent of any moneys due to the State underthat instrument remaining unpaid for anyperiod of time specified therein and wheresuch moneys remain unpaid for the periodso specified, the Government Agent may byendorsement on the instrument ofdisposition cancel the disposition effectedthereby: and such disposition shall bedetermined accordingly:

Provided that no such endorsement shallbe made on any instrument of dispositionuntil the person liable for the payment ofmoneys due under that instrument has beenafforded an opportunity of showing causeagainst the proposed cancellation.

(2) Regulations may be made prescribingthe procedure to be observed in cancellinginstruments by endorsement in the mannerset out in subsection (I).

88. Where any instrument of dispositionhas been cancelled under section 87, theGovernment Agent may cause a notice to be

• Section 829A is repealed by Law No. 20 of 1977.

served on any person in possession oroccupation of the land which was disposedof by that instrument calling upon suchre,Sll:l forthwith to vacate the land .

89. Where the person on whom a noticehas been served under section 88 failsforthwith to vacate the land in terms of thenotice, such person may be ejected fremthat land in accordance with the procedureprescribed under sections 120 to 123 and125 to 127 of the Land DevelopmentOrdinance which shall apply as though theinstrument of disposition were a grant underthat Ordinance and as though the landdisposed of by that instrument were aholding under that Ordinance.

90. In this Part, .. instrument ofdisposition" means an instrument ofdisposition executed before or after thecommencement of this Ordinance.

PART XI

ADMINISTRATION

91. (I) The Land Commissioner shall bethe officer of Government responsible forand charged with the administration of thisOrdinance.

(2) In the exercise of his powers and inthe discharge of his duties under thisOrdinance, the Land Commissioner shall besubject to the general direction and controlof the Minister.

92. ( I) Any officer of Governmententrusted with any duties in respect of Stateland shall, in the discharge of such duties,be subject to the direction and control of theLand Commissioner.

(2) Any officer of Government entrustedwith any duties in respect of State landshall, if so directed by the LandCommissioner, refer to him for decision anyquestion of doubt or difficulty in connexionwith the discharge of such duties.

(3) Any direction or decision of the LandCommissioner shall be duly complied withor given effect to by any such officer ofGovernment.

Ejectmentwhereoccupant failsto vacate land.

Application orPart X to allinstruments ofdisposition

Administrationof Ordinance.

Powers ofLandCommissioner.

XI/3IO

STATE LANDS [Cap. 286

Appointmentof officers andservants.

All officers,&c., to bepublic servants.

Regulations.

Matters whichmay beprovided for byregulation.

93. (I) There may be appointed aDeputy Land Commissioner, one or moreAssistant Land Commissioners, and suchother officers and servants as may from timeto time be required for the purposes of thisOrdinance.

(2) Subject to any general or specialdirections of the Land Commissioner, theDeputy Land Commissioner may exercise,perform, or discharge any power, duty, orfunction of the Land Commissioner underthis Ordinance or under any regulation.

(3) The Land Commissioner may eithergenerally or specially authorize anyAssistant Land Commissioner to exercise,perform, or discharge any power, duty. orfunction of the Land Commissioner underthis Ordinance or under any regulation.

94. The Land Commissioner and everyofficer and servant appointed under section93 shall be deemed to be public servantswithin the meaning of the Penal Code.

PART XII

REGULATIONS

95. The Minister may make regulationsfor the purpose of carrying out or givingeffect to the principles and provisions of thisOrdinance.

96. In particular and without prejudiceto the generality of the powers conferred bysection 95, regulations may be made for orin respect of all or any of the followingmatters :-

(I) any matter stated in or required bythis Ordinance to be prescribed;

(2) the administration, management,regulation. protection and controlof all State land, State reservationsand road reservations and theforeshore and of all waters vested inthe State;

(3) all forms required for the purposes ofthis Ordinance including the formsof grants. leases. permits. vestingorders and other dispositions ofState land or of waters vested in theState;

(4) the conditions to be attached togrants. leases. permits. vestingorders and other dispositions ofState land or waters vested in theState;

(5) free grants of State land;

(6) sales. leases and other dispositionswhether generally or on preferentialterms and the conditions andprocedure incidental to orconnected with such sales, leasesand dispositions;

(7) the alienation or other disposition ofland over 5,000feet in elevation;

(8) the survey and landmarking of Stateland and the foreshore;

(9) the principles on which rents orother payments under leases orpermits shall be fixed and theperiods after which such rents orpayments may be revised ;

(10) the localities or the circumstances inwhich State land shall not bedisposed of by grant; .

(II) the advertisement of sales and otherdispositions of State land;

(12) the exchange of State land forprivate land;

(13) the grant of State land or of anyrights or facilities over State land tothe naval or military authorities orto any local authority;

(14) leases and other dispositions of townallotments;

(15) leases of State land for agriculturalpurposes;

(16) special leases by local authorities oflands vested in such authorities andthe terms and conditions of suchleases;

(17) appeals to the Minister under PartIV or Part IX. and the procedureon and disposal of such appeals;

XI/311

Cap. 286] STATE LANDS

(18) the grazing of cattle on State landand the provision of pasturage onsuch land;

(19) water-supply to State land, andwater-service schemes;

(20) the produce of State land and theremoval and disposal of suchproduce;

(21) deposits and survey fees which mustaccompany applications for grants,leases, permits and otherdispositions of State land;

(31) the grant or other disposition of theright to chena State lands;

(32) the issue of chen a, nomile, or otherpermits in respect of State land;

(33) appeals to the District Court undersection 81 ;

(34) licences for the removal of sand orother substances from the foreshoreor the bed of the sea or of anypublic Jake or stream.

(0) that regulation has been approved byParliament; and

98. No regulation shall have effect Regulationsuntil- must be

approved byParliament.

97. Pro vis ion may be mad e by Offences under

regulation that the contravention of any regulations.

regulation shall constitute an offencepunishable with a fine not exceeding onehundred rupees or with imprisonment ofeither description for a period not exceedingsix months, or with both such fine andimprisonment.

(22) fees payable or chargeable for or inrespect of all matters under thisOrdinance and the recovery of feesand rents;

(23) the alienation of the right to mine orgem in or over State land;

(24) the alienation of the right to mine orgem in or over land disposed of bythe State with a reservation to theState of mining or gemming rights;

(25) the grant of facilities to use Stateland for the construction of roads,paths, trolley-ways, irrigationchannels, waterways, aerialropeways, telephone lines, pipe linesand power transmission lines or forthe temporary or partialutilization of State land for anyother purpose;

(26) the circumstances in which Statereservations and road reservationsmay be cancelled and cease to bereserved;

(27) the lease of State reservations androad reservations, including theperiod of such leases and the termsand conditions to be attachedthereto;

(28) the grant of facilities to take waterfrom any public lake or publicstream or spring;

(29) the method of describing State landin grants, leases and permits;

(30) the preparation of diagrams tofacilitate the identification of Stateland disposed of by grant, lease orpermit;

(b) notification of such approval has beenpublished in the Gazette.

99. Upon the publication in the Gazetteof a notification to the effect that anyregulation has been approved byParliament, that regulation shall be as validand effectual as though it were hereinenacted.

PART XllI

MISCELLANEOUS

100. It shall be lawful for the Presidentto take any land or building on lease onsuch terms and conditions as the Presidentmay deem proper or reasonable in thecircumstances of any particular case.

lOt. No grant, lease or other dispositionshall be made of any State land situated atan elevation exceeding 5,000 feet except insuch cases and for such purposes as may beprescribed.

Regulations tohave statutoryforce.

Power ofPresident totake lands onlease.

Disposition ofState land over5.000 feet inelevation.

XI/3l2

STATE LANDS [Cap. 286

Title to publicroads, &c..vested in theState.

No prescriptivetitle to landsettled. &c.

102. It is hereby declared that-

(0) every public road, carriageway,cartway, pathway, path andthoroughfare;

(b) every bridge, drain, embankment,causeway and ditch belonging to orappertaining to a public road,carriageway, pathway, path orthoroughfare; and

(c) every road reservation and Statereservation,

is the property of the State.

103. Where any land-

(I) is, after the commencement of thisOrdinance, declared to be theproperty of the State under theprovisions of the Land SettlementOrdinance; or

(2) is, after the commencement of thisOrdinance, acquired by the Stateunder the provisions of the LandAcquisition Ordinance, 1876,· orthe Land Acquisition Act; or

(3) is, after the commencement of thisOrdinance, resumed by the Stateunder the provisions of the LandsResumption Ordinance; and

(4) has, at any time prior to the date ofsuch declaration, acquisition orresumption, as the case may be,been landmarked with boundarymarks by or under the authority ofthe Surveyor-General or is solandmarked at any time after anysuch date,

Commissioner or other prescribed officer,any power or duty conferred or imposedupon him, or any authority vested in him,or any discretion or function entrusted orassigned to him, by or under this Ordinance.

106. Any contract, covenant oragreement with the State entered into by aminor in any instrument issued or executedunder this Ordinance for or in connexionwith the disposition thereunder of any Stateland or of any right or interest of the Statein any land or water shall bind such minorand shall not be avoided by reason only ofhis minority if such contract, covenant oragreement is so entered into by him with theassistance of a curator duly appointed by acourt of competent jurisdiction or by theGovernment Agent as hereinafter provided.

107. A Government Agent is herebyauthorized to appoint by writing under hishand, any person to be the curator of aminor for the purposes of section 106.

108. Any alluvial or other accretion toany land disposed of by the State by anyinstrument of disposition executed before orafter the commencement of this Ordinanceshall, together with all rights appertainingor belonging to such accretion, be theproperty of the State and is hereby declaredto be vested in the State.

109. The Government Agent or anyofficer authorized by him in writing may atany time enter and inspect any State landwhich has at any time been disposed of bygrant, lease, permit or other instrument ofdisposition.

PART XIV

Covenants ininstruments ofdisposition tobind minor if itisexecutedwith assistanceof curator.

GovernmentAgentsauthorized toappointcurators.

Alluvial andotheraccretions.

Power toinspect Satelands afterdisposition.

Power ofPresident toacceptdonations.

Delegatio» .:'President'spowers.

no person shall, by possession or user ofsuch land, acquire any prescriptive titlethereto against the State.

104. The President may accept anydonation of any land gifted to the Republicor to any Government department.

105. The President may, in such mannerand in such cases as may be prescribed,delegate to the Minister or to the Land

• Repealed by Act No.9 of 1950.

INTERPRETATION AND SAVINGS

110. (I) In this Ordinance, unless the Interpretation.context otherwise requires-

.. air force authority" means theCommander of the Sri LankaAir Force or any person authorizedby such Commander to representhim for the purposes of Part III,

XI/313

Cap. 286] STATE LANDS

and includes any other personprescribed as an air force authorityfor the purposes of this Ordinance;

" commencement ", when used withreference to this Ordinance, meansthe lst day of September, 1949 ;

" disposition ", with its grammaticalvariations and cognate expressions,means any transaction of whatevernature affecting land or the titlethereto and includes anyconveyance, transfer, grant,surrender, exchange, lease ormortgage of land;

" foreshore" means the shore of theIsland of Sri Lanka between high­water mark and low-water mark;

.. Government Agent" includes anAdditional or AssistantGovernment Agent and any otherprescribed officer;

" grantee" means the person to whom anyState land or right or interest insuch land is disposed of by aninstrument of disposition;

"instrument of disposition" means anyinstrument or document wherebyany disposition of State land iseffected and includes a grant, lease,permit or licence relating to Stateland;

" lake" means a lake as defined in section70 and includes any tank declaredunder section 71 ;

" land" includes-

(0) any interest in land;

(b) the bed of any lake or stream;

(c) things attached to the earth orpermanently fastened toanything attached to theearth;

(d) any interest in crops growing orto be grown on land;

"Land Commissioner" means the LandCommissioner appointed under

section 3 of the Land DevelopmentOrdinance;

"local authority" includes a MunicipalCouncil, an Urban Council, a TownCouncil, a Village Councilor anyother authority prescribed as a localauthority;

" military authority" means theCommander of the Sri Lanka Armyor any person authorized by suchCommander to represent him forthe purposes of Part III, andincludes any other personprescribed as a military authorityfor the purposes of this Ordinance;

" mineral" includes gold, silver andprecious stones;

.. naval authority" means the Commanderof the Sri Lanka Navy or anyperson authorized by suchCommander to represent him forthe purposes of Part III, andincludes any other personprescribed as a naval authority forthe purposes of this Ordinance;

.. prescribed" means prescribed by thisOrdinance or by any regulationmade thereunder;

.. public lake" means a public lake asdefined in section 70 ;

.. public stream" means a public stream asdefined in section 70 ;

.. regulation" means a regulation made bythe Minister under this Ordinance;

.. road reservation" means any State landdeemed to be a road reservationunder section 55 ;

.. State land" means all land in Sri Lankato which the State is lawfullyentitled or which may be disposedof by the State and includes allrights and privileges attached orappertaining to such land;

"State reservation" means a reservationconstituted or deemed to beconstituted under section 49 ;

XI/3l4

STATE LANDS [Cap. 286

.. vesting order" means an order made bythe President under section 27.

(2) The use of the expression .. land .. inany provision of Part I or of Part XIII shallnot be in derogation of any right, power orauthority vested in the President by anysuch provision to dispose of any interest inany land or to take any such interest onlease or to accept any surrender or donationof any such interest.

111. (I) Nothing in this Ordinance shall Savings.affect the provisions of-

(0) the Forest Ordinance,

(b) the Irrigation Ordinance, and

(c) the Land Development Ordinance.

(2) Nothing in the State Land (Claims)Ordinance shall in any way abridge or affector be deemed to abridge or affect any poweror authority conferred on the President byor under this Ordinance.

FIRST SCHEDULE

An indenture of lease dated the 10th and 24th days of September, 1935, whereby His Excellency Sir FrancisGraeme Tyrrell, K.B.E., C.M.G., the then Officer Administering the Government of Ceylon, acting for and onbehalf of his late Majesty King George the Fifth, leased and demised to the Urban District Council. Jaffna, for thepurpose of housing people residing at Karaiyur within the Jaffna town within the area commonly called theKaraiyur slum area and thereby improving the sanitary condition of the said slum area, the following land :-

All that allotment of Crown land called Reclamation Ground in Karaiyur, within the Urban Council limits ofJaffna, Jaffna District, Northern Province, bounded as follows :-North by reclamation grounds said to beCrown, reservation along Beach Road and a road reservation; east by reservation for a road; south by reservationalong Reclamation Road; west by reclamation grounds said to be Crown; containing in extent exclusive of roadreservation twelve acres, three roods and ten perches and seven tenths of a perch (AI2. R3. PIO.7) and moreparticularly delineated and described in Lease Plan No. 5,764 dated the 27th day of August, 1935,authenticated byR. W. E. Ruddock, Acting Surveyor-General.

SECOND SCHEDULE

The Thoroughfares Ordinance.

The Forest Ordinance.

The State Landmarks Ordinance.

The Gemming Ordinance, 1890.

XI/315

[Section 48.]

[Section 54.]