LAND DEVELOPMENT

(a) the bed of any waterway or of any collection
of water, whether natural or artificial,

(b) things attached to the earth or permanently
fastened to anything attached to the earth, and

(c) any title to land or any interest in the crops
growing or to be grown thereon ;

(1) There may be appointed[8] a Land Commissioner who shall be responsible-

(2) In the exercise of his powers and in the discharge of his duties under this Ordinance, the Land Commissioner shall be subject to the general direction and control of the Minister.1

(1) The Land Commissioner may from time to time give general or special directions to a Government Agent or to a land officer as to the performance of his duties relating to land administration and may direct or authorize any question of doubt or difficulty in connexion with such duties to be referred to the Land Commissioner for decision.

(2) Any direction or decision of the Land Commissioner shall be observed and given effect to by the Government Agent or by the land officer as the case may be.

(1) There may be appointed3 one or more land officers for the whole of Ceylon or for any province or district.

(2) Every such land officer may, for the purposes of this Ordinance, perform, execute and exercise in any province or district or in the particular province or district for which he shall have been appointed, all or any of the functions, duties and powers assigned to or imposed upon or vested in a Government Agent under this Ordinance.

(3) Every person appointed[3] as a Settlement Officer or as an Assistant Settlement Officer under the Land Settlement Ordinance, shall be deemed to be appointed a land officer for the whole of Ceylon for the purposes of this Ordinance.

(a) village expansion ;

(b) village forest;

(c) village pasture ;

(d) chena cultivation ;

(e) village purposes not herein specified ;

(f) colonization;

(g) protection of the sources or courses of streams ;

(h) prevention of the erosion of the soil;

(i) forest reserves ;

(j) Government purposes, including Government buildings, roads or works ;

(k) preservation of objects of archaeological or historical interest;

(I) the requirements of local authorities ;

(m) the development of towns ;

(n) alienation to middle-class Ceylonese ;

(o) alienation to any persons whomsoever irrespective of the class or race to which they belong;

(p) any other purpose that may be prescribed.

(a) a scheme specifying the mapped-out areas and the purposes for which the lands in such areas have been respectively reserved ;

(b) a diagram depicting the mapped-out areas specified in the scheme.

(1) The Minister[1] may, by Notification published in the Gazette, establish a Local Land Advisory Committee for any administrative district of Ceylon or for any smaller area the limits of which shall be specified in the Notification by which the Local Land Advisory Committee for that area is established.

(2) It shall be the duty of a Local Land Advisory Committee to examine every scheme and diagram prepared under section 9 which affects land in the district or area for which that committee is established and to make recommendations thereon to the Government Agent.

(3) Every Local Land Advisory Committee shall consist of five members all of whom shall be appointed by the Minister.1 No person who is permanently or temporarily employed in the service of Government shall be a member of a Local Land Advisory Committee.

(4) The Government Agent having jurisdiction over the district or area for which any Local Land Advisory Committee has been established under subsection (1) shall convene the meetings of that committee and shall preside at such meetings.

(5) Three members of a Local Land Advisory Committee shall form a quorum thereof and any matter or question before a committee shall be decided by a majority of the votes of the members present and voting at the meeting at which such matter or question is discussed. In the event of an equality of votes, the Government Agent shall have a casting vote ; but he shall not have an original vote on any matter or question before the committee.

(6) The decisions of the Local Land Advisory Committee shall be recorded by the Government Agent or under his direction.

(7) Regulations may be made prescribing the manner in which the meetings of a Local Land Advisory Committee shall be convened and the procedure to be followed at meetings of such a committee ; but each Local Land Advisory Committee shall determine its own procedure in any matter for which no provision is made by such regulations or in this Ordinance,

(1) When the scheme and diagram referred to in section 9 have been prepared, the Government Agent shall exhibit in a conspicuous position in the kachcheri a notice to the effect that the scheme and diagram are open to inspection. The notice shall be dated as of the date on which it is exhibited,

(2) Any person interested shall be entitled to inspect the scheme and diagram at the kachcheri during office hours for a period of thirty days reckoned from the date of the notice exhibited under subsection (1) and shall be entitled to make representations to the Government Agent on that scheme or diagram.

(3) The Government Agent shall not be bound to consider any representations which have not been received in writing at the kachcheri within a period of thirty days reckoned from the date of the notice exhibited under subsection (1).

(1) Every scheme and every diagram prepared under section 9 shall be laid by the Government Agent before the Local Land Advisory Committee at a meeting of that committee which shall be convened by him for the purpose :

Provided that at any meeting convened under sub- section (1) for the purpose of examining any scheme and diagram, it shall be lawful for the Government Agent to lay before the Local Land Advisory Committee any other scheme and diagram provided that notice in writing was given to the members of that committee not less than seven clear days before the date of the meeting of the proposal to add the examination of such other scheme and diagram to the agenda of that meeting ;

Provided further that nothing in this section contained shall preclude any Local Land Advisory Committee from examining any scheme and diagram at any meeting if all the members of the committee are present at that meeting and unanimously agree to examine that scheme and diagram.

(2) A meeting of the Local Land Advisory Committee convened under subsection (1) may be adjourned once or oftener to a date to be fixed by the Government Agent.

(3) If at the first meeting of a Local Land Advisory Committee convened by the Government Agent under subsection (1) no quorum is present, the Government Agent may proceed as though no recommendations had been made on the scheme and diagram by that committee.

(4) If a quorum of the Local Land Advisory Committee is not present on any date to which a meeting convened under subsection (1) shall have been adjourned under subsection (2) the Government Agent shall not be bound to consider any recommendations of that committee other than those, if any, which were made by that committee before that date.

(1) land which has been mapped-out for any purpose mentioned in paragraphs (a) to (f) of section 8 to be mapped-out or to be utilized for any purpose mentioned in paragraphs (n) or (o) of that section ;

(2) land mapped-out for the purpose mentioned in paragraph (n) of section 8 to be mapped-out or to be utilized for the purpose mentioned in paragraph (o) of that section :

(1) The Government Agent may in a notification under section 21 fix a date before which application shall be made to him for the land proposed to be alienated at the Land Kachcheri appointed to be held by such notification.

(2) Where a date has been so fixed in such notification, the Government Agent may, in his discretion, refuse at the Land Kachcheri to accept or to consider any application for land received after such date.

(3) Where no date has been so fixed, the Government Agent shall be bound to consider all applications received, whether at the Land Kachcheri or before the date fixed for the holding of such Land Kachcheri:

Provided that it shall be lawful for the Government Agent in a case where no date has been so fixed in terms of subsection (1), to receive or to call for applications before the date fixed for the holding of the Land Kachcheri.

(1) At a Land Kachcheri the Government Agent may in his discretion-

(2) In making any selection under subsection (1), the Government Agent shall have special regard to applications received from persons resident in the neighbourhood of the land proposed to be alienated at the Land Kachcheri.

(3) An appeal in the manner prescribed shall lie to the Land Commissioner against any decision made by a Government Agent under subsection (1) in respect of any matter in which he has exercised the discretion vested in him by that subsection :

Provided that it shall be lawful for the Land Commissioner to vary any such decision of the Government Agent by way of revision if in the opinion of the Land Commissioner the justice of the case so requires.

(1) The date on which a person is selected to receive a permit or a grant of Crown land shall be the material date for the purpose of ascertaining whether such person is duly qualified to receive such permit or grant.

(2) Where land alienated to a person on a permit is subsequently alienated to the same person on a grant, the material date for the purpose of ascertaining whether such person is duly qualified to receive such land on a grant shall be the date on which such person was selected by the Government Agent to receive the same land upon a permit.

(1) Every grant, when issued, shall be registered at the instance of the Government Agent in such manner as may be prescribed.

(2) No fees shall be paid or recovered for such registration.

(1) The owner of a holding may nominate a life-holder, who shall be entitled to succeed to the holding upon the death of that owner, subject to the following restrictions : –

(2) Any disposition or nomination made by a life-holder in contravention of the provisions of subsection (1) shall be invalid.

(1) More persons than one may be nominated by the owner as successors to a holding, provided that such nomination does not contravene the conditions of ownership of that holding.

(2) The owner of a holding shall not on any occasion nominate more than one person as the life-holder of that holding.

(3) No person shall be nominated as the life-holder of a part or share of a holding, whether divided or undivided.

(4) No person shall be nominated as successor to a part or share of a holding whether divided or undivided, unless in the document whereby he is so nominated a successor is duly nominated for the remaining part or share of that holding.

(5) The owner of a holding may nominate a life-holder only without nominating a successor or may nominate a life-holder together with one or more successors.

(6) The nomination of a successor or of a life-holder and the cancellation of any such nomination shall not be made subject to any condition or defeasance.

(1) The nomination of a successor or of a life-holder and the cancellation of any such nomination shall be effected by a document substantially in the prescribed form executed and witnessed in duplicate before a Government Agent, or a Registrar of Lands, or a divisional revenue officer, or a notary, or a Justice of the Peace.

(2) The provisions of subsection (1) shall not apply to any nomination or cancellation of the nomination of a successor or of a life-holder made by last will in the manner hereinafter provided.

(3) A document by which the nomination of a successor or of a life-holder or the cancellation of any-such nomination is effected under subsection (1) shall not be deemed to be an instrument affecting land for the purposes of the Registration of Documents Ordinance, nor shall the provisions of Chapter II of that Ordinance apply to any person before whom any such document is executed.

(1) A document (other than a last will) whereby the nomination of a successor or of a life-holder is effected or cancelled shall not be valid unless and until it has been registered by the Registrar of Lands of the
district in which the holding to which that document refers is situated.

(2) Regulations may be made prescribing the procedure for the registration of documents whereby nominations of successors or of life-holders are effected or cancelled and for all matters connected therewith or incidental thereto, including the registers which shall be kept and the fees which shall be charged for such registration.

(1) After the registration of a document whereby a person is nominated as successor to a holding, a document which purports to nominate any other person as successor to that holding shall not be registered unless the nomination effected by the registered document has been duly cancelled by the registration of a document of cancellation :

Provided that it shall be lawful in one and the same document to cancel a registered nomination and to make some other nomination in lieu thereof ; and, in that event, notwithstanding anything in this section contained, the document in which such cancellation and nomination are combined may be registered and shall upon due registration operate both as a cancellation of a previously registered nomination and as a nomination of a new nominee.

(2) The provisions of subsection (1) shall apply equally in the case of a life-holder and for that purpose the subsection shall be construed as though the word ” life-holder” were substituted for the word ” successor” wherever that word occurs in that subsection.

(3) Nothing in this section contained shall apply to any nomination or cancellation of a nomination made in the last will of the owner of a holding.

(1) A nomination or a cancellation of a nomination made in the last will of the owner of a holding shall not be registered unless the applicant for registration shall furnish to the registering officer a certified copy of that will together with a certificate in the prescribed form to the effect that probate of that will has been applied for, signed by the secretary of the District Court to which the application for probate was made.

(2) A nomination or a cancellation of a nomination made in the last will of the owner of a holding shall be invalid if probate of that will is refused or recalled or set aside by order of a court of competent jurisdiction ; and, in that event, the title to the holding shall devolve as though no nomination or cancellation of a nomination had been registered after the death of the owner thereof.

(a) the last will was executed on a date later than the date of the execution of the registered document by which nomination was effected before the death of the owner ; and

(b) the last will specifically refers to the nomination effected by that registered document and definitely cancels such nomination.

(1) A nominated life-holder fails to succeed if he refuses to succeed or does not enter into possession of the holding within a period of six months reckoned from the date of the death of the owner of that
holding.

(2) A nominated successor fails to succeed if he refuses to succeed or if he does not enter into possession of the holding within a period of six months reckoned-

(1) Upon the death of the life-holder of a holding the nominated successor, if any, shall succeed to the holding-

(2) If no successor has been nominated or if the nominated successor fails to succeed, the title to the holding shall devolve as prescribed by the rules in the Third Schedule.

(1) Title to the holding shall be deemed to have devolved on any person succeeding under the provisions of sections 69, 70, and 71 as from the date of the death of the owner to whose title such person so succeeds.

(2) Title to a holding shall be deemed to have devolved on any person succeeding under the provisions of section 72 as from the date of the death of the life-holder of the holding to which such person so succeeds.

(1) If the Government Agent is satisfied after such inquiry as he may deem necessary that title to a holding has devolved on a minor, he may, notwithstanding anything in any other written law, appoint a fit and proper person to be the curator of that minor for the purpose of enabling the minor to exercise his right and to be responsible for his obligations in respect of that holding under this Ordinance.

(2) No stamp duty shall be payable on the instrument by which a curator is appointed under subsection (1).

(3) A curator appointed under subsection (1) shall be responsible for the performance of all duties and for the discharge of all obligations imposed on the minor as owner of the holding and may be removed from office by the Government Agent if he is satisfied after inquiry that such curator has failed to perform his obligations or has been guilty of neglect of duty or of action or conduct adverse or prejudicial to the interests of the minor, or that the curator is unfit to continue to hold office or for any other sufficient cause.

A curator aggrieved by an order of the Government Agent removing him from office may appeal against that order to the Minister[1] in such manner as may be prescribed.

(4) A person appointed under subsection (1) as the curator of a minor shall cease to hold office upon the appointment by any court of competent jurisdiction of any other person as curator of that minor-

(5) Subject to the provisions of this section, a curator appointed under subsection (1) shall, in respect of the holding of the minor whose curator he is and in respect of the management, control, occupation and protection of that holding, have and exercise all the rights and be subject to all the liabilities of a curator appointed by a court of competent jurisdiction.

(1) A permit-holder may nominate a successor in place of any successor whose nomination has been cancelled ; and those provisions of this Chapter which relate to the nomination of a successor by a permit-holder shall apply accordingly in the case of any such further nomination.

(2) The successor of a permit-holder whose nomination has been cancelled may be nominated again as the successor of that permit-holder.

(1) A copy of the notice issued by the Government Agent under section 88 shall be served on the owner of the holding and a copy shall be affixed in a conspicuous position on the holding.

(2) If an owner who has to be served under subsection (1) with a notice issued under section 88 cannot by the exercise of due diligence be found, the notice shall be deemed to be duly served on that owner if a copy thereof is left with some adult member of his family or with his servant residing with him ; and, if there is no member of the family or servant of that owner on whom the notice can be so served by way of substitution for personal service, the notice shall be deemed to be duly served on that owner if a copy thereof is affixed to some conspicuous part of the house or homestead in which he ordinarily resides.

(3) The Government Agent may also cause a copy of such notice to be served on any person who, in his opinion, is interested in the holding or may be affected by a cancellation of the grant thereof.

(1) If the owner of the holding or other person interested therein fails to appear on the date and at the time and place specified in a notice issued under section 88, or appears and states that he has no cause to show why the grant should not be cancelled, the Government Agent may, if he is satisfied that there has been due service of such notice and that there has been a breach of any of the conditions of ownership, recommend to the Governor-General[3] the cancellation of the grant of such holding, but no such recommendation shall be made until after the expiry of a period of fourteen days reckoned from the date specified in the notice issued under section 88.

(2) If, within a period of fourteen days reckoned from the date specified in the notice issued under section 88, the owner of the holding or any other person satisfies the Government Agent that he has cause to show against the proposal to cancel the grant of the holding referred to in such notice and that he was prevented by accident, illness, misfortune or other unavoidable cause from appearing on the date and at the time and place specified in such notice, the Government Agent shall appoint another date, time and place for the purpose of enabling cause to be shown against the proposal to cancel the grant of the holding.

(1) If on the date and at the time and place specified in a notice issued under section 88 or appointed by the Government Agent under section 91 (2) cause is shown by any person against the proposal to cancel the grant of the holding referred to in such notice, the Government Agent may, if he is satisfied after inquiry that there has been due service of notice and that there has been a breach of any of the conditions of ownership, recommend to the Governor-General[3] the cancellation of the grant of such holding.

(2) The Government Agent may adjourn any inquiry under this section from time to time and shall hear evidence before making his recommendation. All such evidence shall be given on oath or affirmation which the Government Agent is authorized to administer for the purpose.

(1) A copy of the recommendation made by the Government Agent under section 92 shall be served forthwith upon every person who showed cause against the cancellation of the grant at the inquiry held under that section and a copy shall also be affixed forthwith in a conspicuous position on the holding. Every copy so served or affixed shall contain a statement to the effect that an appeal will lie to the Minister[1] against the recommendation of the Government Agent if preferred within a period of thirty days reckoned from the date on which such recommendation was made, and such date shall be specified in such statement.

(2) If a person who has to be served under subsection (1) with a copy of the recommendation made by the Government Agent under section 92 cannot by the exercise of due diligence be found, the copy shall be deemed to be duly served if it is left with some adult member of that person’s family or with his servant residing with him ; and, if there is no member of the family or servant of that person on whom the copy can be so served by way of substitution for personal service, it shall be deemed to be duly served on that person if it is affixed to some conspicuous part of the house or homestead in which he ordinarily resides.

(1) An appeal under section 95 shall be preferred by written petition within a period of thirty days reckoned from the date on which the recommendation for cancellation of the holding or the order under section 91 (2) was made.

(2) In computing the time within which an appeal must be preferred, the date on which the recommendation or order was made shall be excluded, but all public ‘ holidays and Sundays shall be included.

(a) to allow the appeal and reverse the recommendation or order of the Government Agent; or

(b) to direct further inquiry to be made or information to be furnished or evidence to be taken ; or

(c) to modify the recommendation of the Government Agent; or

(d) to affirm the recommendation or order of the
Government Agent.

(1) A copy of every notice issued under section 106 shall be served on the permit-holder and a copy shall also be affixed in a conspicuous position on the land affected by such notice. The Government Agent may also cause a copy of such notice to be served on any person who, in his opinion, is interested in the land or may be affected by a cancellation of the permit.

(2) If a permit-holder who has to be served under subsection (1) with a notice issued under section 106 cannot by the exercise of due diligence be found, the notice shall be deemed to be duly served on that permit-holder if a copy thereof is left with some adult member of his family or with his servant residing with him ; and, if there is no member of the family or servant of that permit-holder on whom the notice can be so served by way of substitution for personal service, the notice shall be deemed to be duly served on that permit-holder if a copy thereof is affixed to some conspicuous part of the house or homestead in which he ordinarily resides.

(1) If the permit-holder fails to appear on the date and at the time and place specified in a notice issued under section 106, or appears and states that he has no cause to show why his permit should not be cancelled, the Government Agent may, if he is satisfied that there has been due service of such notice and that there has been a breach of any of the conditions of the permit, make order cancelling such permit but no such order shall be made until after the expiry of a period of fourteen days reckoned from the date specified in the notice issued under section 106.

(2) If, within a period of fourteen days reckoned from the date specified in the notice issued under section 106, the permit-holder satisfies the Government Agent that he has cause to show why his permit should not be cancelled and that he was prevented by accident, illness, misfortune or other unavoidable cause from appearing on the date and at the time and place specified in such notice, the Government Agent shall appoint another date, time and place for the purpose of enabling the permit-holder to show cause why his permit should not be cancelled.

(1) If on the date and at the time and place specified in a notice issued under section 106 or appointed by the Government Agent under section 109 (2) the permit-holder appears and offers to show cause why his permit should not be cancelled, the Government Agent may, if he is satisfied after inquiry that there has been a breach of any of the conditions of the permit, make order cancelling the permit.

(2) The Government Agent may adjourn any inquiry under this section from time to time and shall hear evidence before making his order.

(1) A copy of an order made by a Government Agent under section 110 shall be served forthwith on the permit-holder and a copy of such order shall also be affixed forthwith in a conspicuous position on the land affected by such order. Every copy so served or affixed shall contain a statement to the effect that an appeal from such order will lie to the Land Commissioner if preferred within a period of thirty days reckoned from the date of the order and such date shall be specified in such statement.

(2) If a permit-holder who has to be served under subsection (1) with a copy of an order made by the Government Agent under section 110 cannot by the exercise of due diligence be found, the copy shall be deemed to be duly served if it is left with some adult member of the permit-holder’s family or with his servant residing with him ; and, if there is no member of the family or servant of that permit-holder on whom the copy can be so served by way of substitution for personal service, it shall be deemed to be duly served on that permit-holder if it is affixed to some conspicuous part of the house or homestead in which he ordinarily resides.

(1) An appeal under section 113 shall be preferred by written petition within a period of thirty days reckoned from the date on which the order appealed from was made.

(2) In computing the time within which an appeal must be preferred, the date on which the order appealed from was made shall be excluded, but all public-holidays and Sundays shall be included.

(a) direct further inquiry to be made or information to be furnished or evidence to be given ; or

(b) allow the appeal and set aside the order of the Government Agent; or

(c) modify the order of the Government Agent; or

(d) affirm the order of the Government Agent; or

(e) make such other order as he may consider just.

(1) The decision of the Land Commissioner under section 115 shall be communicated to the Government Agent who shall forthwith cause a copy thereof to be served on the permit-holder who preferred the appeal,

(2) Any decision made by the Land Commissioner under section 115 shall be final and conclusive for all purposes.

(a) that the holding does not belong to the Crown ;

(b) that the order of cancellation of the grant should not have been made.

(1) If no appeal has been preferred against an order of ejectment made by a Magistrate under section 125 within the time allowed for such an appeal, or, if an appeal has been preferred after the final decision of the Supreme Court affirming the order of ejectment shall have been duly certified to the Magistrate’s Court, the Magistrate shall, on the application of the Government Agent, direct the Fiscal or a peace officer to eject from the holding any person bound by the order of ejectment and to deliver possession of the holding to the Government Agent or to his representative.

(2) The Fiscal or the peace officer entrusted with the execution of the order of ejectment shall comply with the directions of the Magistrate and make due return of the manner in which he executes the order.

(3) In executing an order of ejectment, the Fiscal or the peace officer or any officer authorized by either of them may use such force as may be necessary to enter the holding, to eject any person bound by the order of ejectment and to deliver possession of the holding to the Government Agent or to his representative.

(1) It shall be lawful for the Minister[3] at any time to remit any annual payment or arrears of annual payments or any moneys due to the Crown under this Ordinance.

(2) The powers of the Minister[1] under subsection (1) may be exercised on his behalf by such persons and in such manner as may be prescribed.

(3) If the Government Agent is satisfied that there is sufficient cause for granting relief generally to any class of persons in any locality in respect of any annual payments due by such persons on account of lands alienated in such locality on grants or permits, he may either reduce the amount of any such annual payment or waive it altogether:

Provided that such reduction or waiver shall not be ‘ made operative for a period exceeding one year.

(a) the necessary wearing apparel, beds, and bedding of the owner who has made default, or of his wife, and children ; and,

(b) utensils used in his dwelling house for cooking or for the preparation of food, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the officer effecting the seizure or sequestration, be necessary to enable him to earn his livelihood as an agriculturist.

(1) If the defaulter fails to pay the amount due to the Crown together with the costs of seizure within a period of thirty days reckoned from the date of such seizure the Government Agent may cause the property seized to be sold by public auction or by tender :

Provided that perishables may be sold as soon as may be deemed expedient by the person effecting the seizure.

(2) In computing the period of thirty days referred to in subsection (1), the date on which the seizure was made shall be excluded but all Sundays and public holidays shall be included.

(3) Regulations may be made prescribing the costs which may be charged or recovered for any seizure or sale effected under this Chapter.

(1) A list shall be made showing details of the property seized under section 134 and sold under section 137, the names and addresses of the purchasers, the prices realized, and the total amount recovered by the sale.

(2) Upon payment of the purchase money, a purchaser at a sale under section 137 shall receive a certificate of sale showing the property purchased and the price paid for such purchase.

(1) A seizure of a holding shall be effected by serving upon the owner thereof a notice substantially in the prescribed form and by affixing a copy of such notice in a conspicuous position on such holding. A copy of such notice may also be served on any other person interested in the holding or affected by the seizure thereof.

(2) If the owner of a holding who has to be served with a notice under subsection (1) cannot by the exercise of due diligence be found, the notice shall be deemed to be duly served on that owner if a copy thereof is left with some adult member of his family or with his servant residing with him ; and, if there is no member of the family or servant of that owner on whom the notice can be so served by way of substitution for personal service, the notice shall be deemed to be duly served on that owner if a copy thereof is affixed to some conspicuous part of the house or homestead in which he ordinarily resides.

(3) No holding shall be seized if the defaulting owner thereof surrenders free and unclaimed movable property to satisfy the entirety of the amount due from him.

(1) Every seizure of a holding shall be registered.

(2) No disposition of a holding shall be valid if it is effected or registered after the seizure of that holding has been registered.

(1) The seizure of a protected holding under this Chapter shall operate as a cancellation of the grant thereof and shall vest such holding absolutely in the Crown free from all encumbrances ; but the person who was the owner of such holding at the time of seizure shall be entitled to a reconveyance thereof upon payment within a period of one year reckoned from the date of that seizure of the total amount due in respect of such holding together with the costs of seizure.

Where the owner dies before the expiry of the period of one year herein before specified, the right to a reconveyance of the holding may be* exercised by the successor of that owner on the same terms and within the same period.

(2) The reconveyance referred to in subsection (1) may be effected by an endorsement substantially in the prescribed form made by the Government Agent on the grant relating to such protected holding. Every such endorsement shall be registered.

(1) A certificate substantially in the prescribed form shall, when signed by the Government Agent, be sufficient to vest in the purchaser the title of the owner against whom the unprotected holding was sold under section 145.

(2) Such certificate shall be liable to the stamp duty payable on conveyances of immovable property and to any registration or other charges authorized by law. Such duty and all such charges shall be paid by the purchaser.

(1) Where the Crown purchases an unprotected holding sold under section 145, it shall be lawful for the Government Agent, at any time before such holding shall have been re-alienated, on payment by the owner against whom such holding was sold of the total amount due to the Crown in respect of such holding (including the costs of seizure and sale), together with interest thereon at the rate of nine per centum per annum, by endorsement on a certified copy of the certificate referred to in section 147, to cancel the sale; and upon the registration of such endorsement, such holding shall revest in the owner as though such sale had never been made.

(2) No stamp duty shall be payable on an endorsement made under this section, but the registration and other charges shall be payable by the owner in whom the unprotected holding is revested.

(1) Where the Crown purchases an unprotected holding sold under section 145, and such sale has not been cancelled under section 149, it shall be competent for the Government Agent at any time, when re-alienating the land, to transfer to the purchaser, by endorsement on a certified copy of the certificate referred to in section 147, the title which would have been acquired by such purchaser if he had purchased such holding at the original sale, and upon the registration of such endorsement such title shall vest in the purchaser accordingly.

(2) Every such endorsement shall be liable to the same duty and charges as a certificate to a purchaser at the original sale and such duty and charges shall be payable by the purchaser.

(1) If an unprotected holding to be sold under section 145 is subject to a mortgage, it shall be lawful for the mortgagee, on payment to the Government Agent of the total amount due to the Crown including the costs of seizure, to add the amount so paid to his mortgage debt and the amount so added shall be secured in the same manner, and shall be subject to the same interest and be recoverable on the same conditions as the mortgage debt.

(2) The amount paid by the mortgagee under subsection (1) shall be certified by the Government Agent by an endorsement on the mortgage bond and such certificate may be registered by the mortgagee. No stamp duty shall be payable on the certificate so endorsed.

(1) If the owner of a protected holding fails to pay any sum due to a local authority in respect of such holding, such local authority may report the defaulter to the Government Agent, who may thereupon take action under this Chapter to recover the sum due from the defaulter as though such sum were due to the Crown and not to such local authority.

(2) Save as is herein expressly provided, a local authority shall not take proceedings for the recovery of any sum due to such local authority from the owner of a protected holding in respect of such holding.

(a) the forms, fees, documents, and matters stated in or required by this Ordinance to be prescribed ;

(b) the mapping-out of Crown land ;

(c) the alienation under this Ordinance of Crown land over 5,000 feet in elevation ;

(d) the maintenance of reserves for the preservation of the sources and courses of streams and for the prevention of erosion of the soil;

(e) the manner of paying or recovering fees, costs or other charges ;

(f) the collection by the Government Agent of moneys due to local authorities ;

(g) the classification of persons for the purpose of alienating Crown land under this Ordinance ;

(h) the procedure to be observed, the fees to be paid and the forms to be used in preferring appeals to the Minister ;[1]

(i) the manner of publishing or serving notices or
of serving other process;

(j) the assessment of annual payments ;

(k) any matters incidental to or connected with the matters or subjects specifically referred
to in this section.

(a) that such lease or permit shall terminate when legislation is passed for its cancellation ; or

(b) that at the expiration of a stated period of time or upon the fulfilment by the lessee or by the permit-holder of stated conditions such lessee or permit-holder shall be given the right to hold the land upon a tenure to be thereafter introduced by legislation,

(1) A notary shall not attest any deed operating as a disposition of a protected holding unless the written consent of the Government Agent to such disposition shall have been previously obtained nor unless such deed shall have attached thereto the document by which the Government Agent granted his consent to the disposition sought to be effected by such deed. Such document of consent shall be specifically referred to by the notary in the attestation of such deed.

(2) A deed executed or attested in contravention of
the provisions of this section shall be null and void for all purposes.

(1) The provisions of the enactments enumerated in the first column of the Fourth Schedule shall, to the extent indicated in the second column of such Schedule, have no application to any land alienated under this Ordinance.

(2) The Minister[1] may, by regulation made under section 155, add to the Fourth Schedule.

(1) If any person-

he shall be guilty of an offence and shall on conviction by a Magistrate be liable to pay a fine not exceeding one hundred rupees :

Provided that no person shall be convicted under this section unless the land in question has been declared to be the property of the Crown under the Land Settlement Ordinance, or under any Ordinance repealed by Ordinance No. 20 of 1931, or has been acquired by the Crown under the Land Acquisition Ordinance, 1876,* or under the Land Acquisition Act.

(2) A conviction under this section shall operate as an order of ejectment made under section 125 and on such conviction the Government Agent may, after the lapse of the appealable time, or, if an appeal has been preferred, after the conviction has been affirmed in appeal, apply to the Magistrate under section 127 for the enforcement of such order of ejectment.

(1) No written law (other than this Ordinance) which provides for succession to land upon an intestacy and no other law relating to succession to land upon an intestacy shall have any application in respect of any land alienated under this Ordinance.

(2) No person shall, by virtue of any appointment in any last will, have or acquire any title to succeed to any land alienated under this Ordinance save and except a life-holder or a successor duly nominated by last will under the provisions of Chapter VII.

(i) in the case of spouses, the statutory income of either spouse shall be computed as though separate assessment had been claimed and made in pursuance of notice duly given under the provisions of section 25 of the Income Tax Ordinance ;

(ii) in the case of spouses who have not been divorced by the decree of a competent court, or who are not living apart under a duly executed deed of separation, neither spouse shall be deemed to be a middle-class Ceylonese for the purposes of this Ordinance if the joint statutory income of both spouses exceeds in the aggregate a sum of twenty-four thousand rupees.