Sri Lanka Consolidated Acts

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Irrigation (Amendment) Act (No. 48 of 1968) - Sect 16

Replacement of Part IV of the principal enactment

16. Part IV of the principal enactment is hereby repealed and the following new heading and the following new sections, which shall have effect as sections 23, 24 and 25 of the principal enactment, are substituted therefor: -
23.
(1) A Cultivation Committee shall, within the area of its jurisdiction-
(a) attend to all matters connected with the irrigation and cultivation of land and the preservation of rights and the maintenance of irrigation works connected therewith, and
(b) prevent, as far as practicable, any act or omission which is contrary to any rules or regulations in force under this Ordinance or to establish customs relating to irrigation or cultivation, or whereby damage may be caused to any of the allottees, tenant cultivators or proprietors.
(2) Where within the area of its jurisdiction, any act is committed or any omission made which is contrary to any established custom or any rule or regulation relating to irrigation or cultivation, or whereby any damage may be caused to any allottee, tenant cultivator or proprietor, the Cultivation Committee shall, if the act or omission be of such a nature as to call for prompt action to prevent damage, take such steps as may be necessary in the circumstances, and shall forthwith report the matter to the Government Agent.
(3) No action taken by a Cultivation Committee under sub-section (2) shall be deemed to preclude an investigation, under the provisions of Part VIII, into the act or omission in consequence of which such action has been taken.
24.
(1) It shall be lawful for a Cultivation Committee to delegate, subject to the direction and control of the Government Agent and subject to its own direction and control, any or all of its duties under section 23 to one or more Cultivation Committee agents.
(2) The Government Agent may at any time direct any Cultivation Committee to discontinue the services of any Cultivation Committee agent who is guilty of misconduct or neglect of duty or who has been convicted of an offence which in the opinion of the Government Agent disqualifies such Cultivation Committee agent from holding office, and the Cultivation Committee shall take action accordingly.
(3) Where a Cultivation Committee fails to comply with a direction of the Government Agent under sub-section (2), he shall report such failure to the Commissioner for action under section 38 of the Paddy Lands Act, No. 1 of 1958.
25.
(1) Where a Cultivation Committee acting under section 23, or Cultivation Committee agent acting under sections 23 and 24, or an officer acting in pursuance of any regulation made under Part VI, incurs any expenditure in the execution of its or his duty, and the person in consequence of whose act or omission such expenditure was incurred denies his liability to pay the amount incurred, or fails to pay such amount, the Government Agent may, on his being satisfied that such expenditure was properly incurred, and that it is reasonable, 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 Cultivation Committee or agent or officer by whom the expenditure was incurred, and cause such certificate to be delivered to such person.
(2) Where any person to whom a certificate referred to in sub-section (1) has been delivered fails to pay the amount due from him within ten days from the delivery to him of the certificate, the Government Agent may proceed to recover such amount in the manner provided in section 78 or section 78A, as the case may be.".


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