Sri Lanka Consolidated Acts

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Agrarian Services Act (No. 58 of 1979) - Sect 55

Appointment 0f Cultivation Officers and their powers and functions

55.
(1) There may be appointed such number of Cultivation Officers as may be necessary for the purposes of this Act, and the officers so appointed shall be subject to the general control and direction of the Commissioner.
(2) Every Cultivation Officer shall within the area of his authority-
(a) attend to all matters connected with the cultivation of all agricultural lands irrespective of whether such lands are rainfed or fed by major or minor irrigation works;
(b) attend to all matters relating to minor irrigation works and the maintenance of minor irrigation works and to prevent as far as practicable any act or omission which is contrary to any rule in force relating to irrigation or cultivation rights or to established customs relating thereto ; and
(c) take action in such manner as may be prescribed in respect of trespass by animals on agricultural lands and irrigation works.
(3) Where any act is committed or any omission made by any person within the area of authority of any Cultivation Officer contrary to any established custom or any rule relating to irrigation or cultivation whereby damage may be caused to the owner cultivator or occupier of agricultural land within that area of authority the Cultivation Officer shall, if the act or omission be of such a nature as to call for prompt action to prevent damage, take such steps and incur such expenditure as may be necessary in the circumstances and shall forthwith make a report on the steps taken and expenditure incurred, if any, to the Commissioner within whose area of authority such act or omission has occurred.
(4) Any person in consequence of whose act or omission any expenditure was incurred shall be liable to pay such sum as was incurred to the Commissioner, and where such person fails to pay such sum the Commissioner may on his being satisfied after an inquiry at which such person is given the opportunity of being heard that such expenditure was properly incurred, sign a certificate setting out the name of the person in consequence of whose act or omission such expenditure was incurred, the amount thereof, the nature of the act or omission and the name of the officer by whom the expenditure was incurred and cause such certificate to be delivered to such person.
(5) Where any person to whom a certificate referred to in subsection (4) has been delivered fails to pay the amount due from him within ten days from the delivery to him of the certificate, the Commissioner may proceed to recover such amount by filing a certificate in the Magistrate's Court within whose jurisdiction the land in respect of which the amount recoverable lies, to the effect that the sum mentioned in the certificate is due from the person mentioned therein and such sum shall be recovered from such person in like manner as a fine imposed by such court.
(6) For the purposes of subsection (5) a certificate issued under the hand of the Commissioner shall be conclusive proof that the amount referred to therein is due from the person mentioned in the certificate.


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