Sri Lanka Consolidated Acts

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Rehabilitation Of Persons, Properties And Industries Authority Act (No. 29 of 1987) - Sect 10

Unauthorized entry into affected property

10.
(1) Any person who without lawful authority, proof whereof shall be on such person, enters or occupies any affected property, on or after the relevant date, shall be guilty of an offence under this Act, and shall, on conviction after trial before a Judge of the High Court sitting without a jury, be liable to imprisonment for a term not exceeding ten years.
(2) Where the Secretary to Ministry of the Minister (hereinafter referred to as "Secretary") is satisfied that any person is in unauthorized occupation of any affected property or that any tenant whose rights are protected under section 11 is not permitted to enter upon, or continue in . occupation of any affected property, he may direct in writing, a police officer not below the rank of an Inspector of Police
(a) in any case where any person is in unauthorized possession of any affected property, to eject such person and to place in occupation thereof, the person who is entitled to occupy such property;
(b) in any case where a tenant of any affected property whose rights are protected under section 11, is not permitted to enter upon or continue in occupation of such property, to restore that tenant to possession. It shall be the duty of every such police officer to comply with every such direction.
(3) A police officer acting in pursuance of the direction issued to him under subsection (2) may use such force as may be necessary for the purpose of ejecting any person who is in unauthorized occupation of any affected property and shall be entitled to the assistance of the armed forces for that purpose.
(4) Nothing in this section shall be deemed to affect the rights of any person ejected from any affected property under subsection (1) and claiming to be entitled to the occupation of the same to institute proceedings in any court to enforce his rights, if any, in, or over, such ,property. Any such proceeding shall be instituted within two months of such ejectment.


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