Sri Lanka Consolidated Acts

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Agrarian Services Act (No. 58 of 1979) - Sect 6

Procedure in eviction

6.
(1) Where any person who has been ordered under this Act by the Commissioner to vacate any extent of agricultural land fails to comply with such order, the Commissioner or any person authorized in that behalf by the Com missioner may present to the Magistrate's Court within whose local jurisdiction such extent wholly or mainly lies a written report-
(a) setting out the nature of such order and the person to whom it was issued, describing the extent of land to which such order relates;
(b) stating that the person who has been ordered to vacate has failed to so vacate such extent; and
(c) praying for an order to evict such person and all other persons in occupation of such extent from such extent, and mentioning the person to whom delivery of possession of such extent should be made.
(2) Where a written report is presented to a Magistrate's Court under subsection (1), such court shall direct the Fiscal or peace officer to evict forthwith the person specified in such report and all other persons in occupation of the extent of agricultural land specified in the order to deliver possession of such extent to the person mentioned in such report as the person to whom delivery of possession of such extent should be made.
(3) The Fiscal or peace officer entrusted with the execution of the order of eviction shall comply with the directions of the Magistrate's Court by which such order was made and shall make a due return of the manner in which he executed such order.
(4) In executing an order of eviction the Fiscal or the peace officer or any person authorized by either of them may use such force as may be necessary to enter the extent of agricultural land to which the order relates and evict any person bound by the order and to-deliver possession of such extent in accordance with the directions of the Magistrate's Court which issued the order.
(5) Any person who unlawfully dispossesses a tenant cultivator who has been placed in possession of an extent of paddy land by the Fiscal under subsection (3) shall be guilty of an offence under this Act.
(6) Upon conviction for an offence under subsection (5) the Magistrate shall direct the Fiscal to place the tenant cultivator who has been unlawfully dispossessed from such extent, in possession of such extent by evicting any person in occupation of such extent.


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