Sri Lanka Consolidated Acts

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Land Reform (Amendment) Act (No. 39 of 1981) - Sect 17

Special provisions relating to certain orders made by the Land Reform Commission under section 13 of the Land Reform Law

17
(1) Where prior to the date of commencement of this Act, Commission has, made an order under subsection (2) of section 13 of the Land Reform Law declaring an alienation of agricultural land to be null and void without affording the alienor and alienee an opportunity of being heard such order shall be deemed not to have been, or to be; invalid by reason only of the fact that such opportunity was not afforded if-
(a) any compensation has been paid under section 28 of the Land Reform Law in respect of such land; or
(b)such land has been alienated to any person under section 22 of that Law,
(2) Where prior to the date of commencement of this Act, the Minister has made an order under subsection (3) of section 13 of the Land Reform Law declaring an alienation of agricultural land to be null and void without affording the alienor and alienee an opportunity of being heard(such order shall be deemed not to have been, or to be, invalid by reason only of the fact that such opportunity was not afforded if
(a)any Compensation has been paid under section 28 of the Land Reform Law in respect of such land; or
(b) such and has been alienated to any person under section, 22 of that Law,
(3) Where Prior to the date of commencement of this Act, the Commission has made an order, under subsection(2) of section 13 of the Land ,Reform Law declaring an alienation of agricultural land to be null and void without affording the alienor and alienee an opportunity of being heard and if on the date of commencement of this Act
(a) no compensation has been paid under section 28 of the Land Reform Law in respect of that land: and
(b) that land has not been alienated to any person under section 22 of that Law,
(4) Where prior to the date of commencement of this Act, the Minister has made an order under subsection (3) of section 13 of the Land Reform Law declaring an alienation of agricultural land to be null and void without affording the alienor and alienee an opportunity of being heard and if on the date of commencement of this Act-
(a) no compensation has been paid under section 28 of that Law in respect of that land; and
(b) that land has not been alienated to any person under section 22 of that Law,
(5) Where by reason of the operation of the provisions of subsection (3) or subsection (4), an order, as the case may be, of the Commission or of the Minister declaring an alienation of agricultural land to be null and void is deemed under this Part to be null and void, the alienor or alienee shall, within three months of the date of commencement of this Act, report such alienation to the Commission.
(6) Where, upon a report made to it under subsection (5), the Commission finds, after affording the alienor and alienee an opportunity of being heard, that the alienation referred to in such report has been calculated to defeat the purposes of the Land Reform Law the Commission may, by order under its hand, declare such alienation to be null and void. Every such order shall be sent by registered post to the alienor and alienee to whom that order relates.
(7) The provisions of subsections (3), (4), (5) and (6) of section 13 of the Land Reform Law shall, mutatis mutandis, apply to every order made by the Commission under subsection (6) of this section.
(8) A failure to comply with the provisions of subsection (5) shall be deemed to be a failure to comply with a provision of the Land Reform Law; and shall be punishable accordingly.


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