Sri Lanka Consolidated Acts

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Agrarian Services Act (No. 58 of 1979) - Sect 11

Transfer and cession of rights of tenant cultivator

11.
(1) A tenant cultivator of any extent of paddy land, after giving written notice of his intention so to do to the landlord of such extent and to the Cultivation Officer within whose local jurisdiction such extent wholly or mainly lies, may-
(a) if he cultivates such extent either jointly or in rotation with any other tenant cultivator or cultivators, transfer his rights in respect of such extent to any other such tenant cultivator who is a citizen of Sri Lanka; or
(b) if he does not cultivate such extent either jointly or in rotation with any other tenant cultivator or cultivators, transfer his rights in respect of such extent to his spouse and failing such spouse to only one of his children the eldest being preferred to the others when there are more children than one.
(2) A tenant cultivator of any extent of paddy land may, with the written sanction of the Commissioner given after such inquiry and on such terms as he may deem necessary, cede his rights in respect of such extent to his landlord if such landlord is also the owner of such extent.
(3) Any transfer or cession by the tenant cultivator in violation of the provisions of subsection (1) or (2) shall be null and void and shall render the person in occupation of such extent to be evicted in accordance with the provisions of section 6 and on such eviction the provisions of subsection (5) of section 4 shall apply.
(4) Notwithstanding anything in the preceding provisions of this section, where, in respect of any extent of paddy land, there is a registered nomination of a successor made by the tenant cultivator of such extent, a transfer or a cession under this section of the rights of such tenant cultivator shall not be valid unless and until such nomination is duly cancelled and such cancellation is duly registered.


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