Colombo District (Low-lying Areas) Reclamation And Development Board (Amendment) Law

Colombo District (Low-lying Areas) Reclamation And Development Board (Amendment) Law


A LAW TO AMEND THE COLOMBO DISTRICT (LOW-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD ACT, No. 15 of 1968.

BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows: –
Short title.
1. This Law may be cited as the Colombo District (Low-lying Areas) Reclamation and Development Board (Amendment) Law, No. 27 of 1978.
Amendment of section 3 of Act No. 15 of 1968.
2, Section 3 of the Colombo District (Low-lying Areas) Reclamation and Development Board Act, No. 15 of 1968, (hereinafter referred to as the ” principal enactment “) is hereby amended by the repeal of subsection (2) of that section and the substitution therefor of the following new sub-section: –

” (2) No compensation, except as provided in section 4b, shall be payable by the Board in respect of any land which vests in the Board by reason of the operation of the provisions of subsection (1) and section 3A.”
Insertion of new section 3A in the principal enactment.
3. The following new section is hereby Inserted immediately after section 3, and shall have effect as section 3A, of the principal enactment: –

‘ Vesting of state land in the Board.
3A.

(1) Notwithstanding anything, in the Crown Lands Ordinance or in any other written law, where the Minister certifies that any State land which is low-lying, marshy, waste or swampy and falls within any Reclamation and Development Area declared by an Order under section 2, Is required to be made available to the Board for the purpose of any reclamation and development project, the Minister may, with the concurrence of the Minister in charge of the subject of State Lands by Order (hereafter in this Act referred to as a ” vesting Order “) published in the Gazette, vest such land in the Board, with effect from such date as shall be specified in the Order.
(2) A vesting Order shall have the effect of giving the Board absolute title to any land specified therein and free from all encumbrances.
(3) The vesting of any State land in the Board shall not be deemed to convey any right to any mineral, mineral product or mineral oil shall, notwithstanding any such vesting , be deemed to remain and shall remain the absolute property of the Republic.
(4) Where any State land is to be vested in the Board, the Chairman of the Board may, if there is no plan of that land made by the Surveyor-Generals department, cause a survey and plan of the land to be made by a licensed surveyor approved by the Surveyor General.’.
Insertion of new Part 1A in the principal enactment.
4 .The following new part is hereby inserted immediately after Part I and shall effect as Part IA of the principal enactment: –

PART IA

SALE OF LAND BY THE BOARD

Right to sell land vested in our acquired by the Board.
3A. Notwithstanding anything in the Crown Lands Ordinance or in any other written law, the Board may, with the approval of the Minister given after consultation with the Minister in charge of the subject of Housing, the Minister in charge of the subject of Industries and the Minister in charge of the subject of Local Government, sell for any housing, commercial , industrial or agricultural purpose, any land vested in or acquired by the Board, under section 3 or section 3A or section 4.
The Board shall pay to the local authority or the Land Commissioner the reclaimed value of land vested.
4B. Where any land vested in the Board under section 3 or section 3A, is sold, the Board shall pay to the local authority or the Land Commissioner, as ‘.he- case may be, the unreclaimed value of such land as determined by the Minister in consulation with the Minister charge of the subject of Finance.”.
Amendment of section 8 of the principal enactment.
5. Section 8 of the principal enactment is hereby amended by the substitution, for paragraph (a) thereof of the following new paragraph:-

” (a) to red aim and develop every Reclamation and Development Area declared by Order under section 2 and to render such area suitable for any building, industrial, commercial or agricultural purpose; and ‘.
Replacement of section 1 of the principal enactment.
6. Section 11 of the principal enactment is hereby repealed and the following new section substituted therefor:

” Capital of the Board.
11.

(1) The initial capital of the Board shall be –

(a) one million rupees consisting of grants or loans given or made available by the Government on such, terms and conditions as may be determined by the Minister in charge of the subject of Finance; and
(b) the value of such property as may be transferred, to the Board by any Government department or corporation by an order, or with the consent of the Minister in charge of that department or corporation.
(2) The amount of the initial capital of the Board shall be paid or made available to the Board in such instalments as the Minister in charge of the subject of Finance may in consultation with the Minister determine.
(3) The capital of the Board may be increased from time to time by the value of any property transferred to the Board as provided by paragraph (b) of subsection (1) and by such amounts as may be authorized by any Appropriation Law or by resolution of the National State Assembly, and such amounts shall be paid or made available to the Board by the Government by way of grant or loan on such terms and conditions as may be determined by the Minister in. charge of the subject of Finance.”.