Sri Lanka Consolidated Acts

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Agrarian Services Act (No. 58 of 1979) - Sect 42

Commissioner to make rules

42.
(1) The Commissioner or any other person generally or specially authorized by him in that behalf may summon a meeting of the owner cultivators and occupiers of agricultural land within such area as may be determined by him for the purpose of making rules relating to-
(a) paddy cultivation or any other form of cultivation ;
(b) the enforcement of established customs affecting such cultivation ;
(c) the proper timing of agricultural operations ;
(d) the efficient management of irrigation water;
(e) joint measures for conservation of soil and protection against pests and diseases and trespass by animals : and
(f) any other collective responsibilities imposed on owner cultivators and occupiers of agricultural land for the efficient use of such land and for the improvement of productivity.
(2) Where any meeting is to be held under the provisions of this section the Commissioner or any other person generally or specially authorized by him in that behalf shall cause notice being the longest notice which in his opinion is reasonable in the circumstances to be given of the time and place of the meeting and its objects.
(3) The notice referred to in subsection (2) shall be given by exhibiting written notices in suitable places within the area or tract within which such meeting is to be held and in such other manner as may appear adequate for giving publicity thereto.
(4) The Commissioner or any other person generally or specially authorized by him in that behalf and referred to by name or by office (hereinafter referred to as the " presiding officer " shall preside at every meeting held under the provisions of this section.
(5) A meeting convened under the provisions of this section shall not be deemed to be validly constituted unless there are present owner cultivators or occupiers representing one third or twenty-five per centum of the total number of owner cultivators or occupiers of agricultural land referred to in subsection (1).
(6) Any rule made at a meeting under the provisions of this section shall be adopted by those present at the meeting and shall thereafter be binding on the owner cultivators and occupiers.
(7) if at any meeting held under the provisions of this section any question arises as to the right of any person to vote the presiding officer may then and there decide the question and his decision shall be entered in the minutes and shall be final and conclusive.
(8) full minutes shall be made of the proceedings of every such meeting and shall be signed by the presiding officer and shall be conclusive evidence of the contents thereof.
(9) Any owner cultivator or occupier of agricultural land who contravenes any of the decisions made in accordance with the provisions of this section shall be guilty of an offence.
(10) At a meeting convened under the provisions of this section the owner cultivators or occupiers of agricultural land may select from among themselves in such manner as may be prescribed, persons to assist the Cultivation Officer in matters relating to the protection of irrigation works and for the conservation of water supplied therefrom and any other matters relating to cultivation as may arise from time to time and any person so selected shall be entitled to such remuneration as may be prescribed.
(11) Any person so selected shall have, subject to the control and direction of the Commissioner or any person authorized in that behalf by fee Commissioner, the power to order any owner or occupier of agricultural land to take steps as he may deem necessary regarding the collective responsibilities of such owners or occupiers in regard to irrigation and cultivation practices and in respect of the protection of minor irrigation works and the conservation of water supplied therefrom.


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