land settlementextwprlegs1.fao.org/docs/pdf/srl13622.pdfagents to apply the ordinance. settlement...

OrdinancesNos.20 of 1931,

22 of 1932,31 of 1933,

ActNo. 22 of 1955.

LAND SETTLEMENT'r ' .,., brrd

CHAPTER 299

LAND SETTLEMENT

AN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW RELATING TO LAND

SETTLEMENT.

[23rd October. 1931.]

Short title.

Interpretation.

1. This Ordinance may be cited as theLand Settlement Ordinance.

2. In this Ordinance, unless the contextotherwise requires-

.. claim" means any claim made underthis Ordinance and .. claimant"means any person making a claim;

.. interest ", in relation to any land, meansan interest less than the fullownership of the land;

.. land" means an allotment of land theboundaries of which have beendelineated by survey, or any portionof any such allotment divided, orcapable of being divided, from theremainder of such allotment, andincludes the bed of any waterway orcollection of water, whether suchwaterway or collection of water isnatural or artificial;

.. Ordinance" includes the Ordinancereferred to and any enactmentamending it and any rules,regulations or by-laws made underany of such Ordinances orenactments and for the time beingin force;

.. person" includes any body of personscorporate or unincorporate, butdoes not include the State;

.. Settlement Officer" includes anAssistant Settlement Officer and aGovernment Agent acting undersection 3 (2) ;

.. share ", in relation to any land, means anundivided share of the land;

.. the board " means the board establishedby section 11 ;

• Repealed by Ordinance No. 20 of 1931.

.. unoccupied land " includes landoccupied by, on behalf of, or under,the State.

3. (1) There may be appointed aSettlement Officer and such number ofAssistant Settlement Officers as may benecessary.

(2) It shall be lawful for anyGovernment Agent to apply the provisionsof this Ordinance to any land, being of anyof the descriptions set forth in section 4 (I),situated within his administrative district,and for that purpose to exercise andperform the powers and duties conferredand imposed by this Ordinance upon theSettlement Officer.

(3) It shall be lawful for any SettlementOfficer appointed under this Ordinance tocontinue or to complete any action orproceeding taken or commenced underOrdinance No. I of 1897* by a special officerappointed under section 28 of that Ordinanceor by the Government Agent of a province orby the Assistant Government Agent of adistrict, where any such proceeding or actionwas pending or incomplete on the 23rd dayof October, 1931; and for such purpose andfrom that date a Settlement Officer is herebyauthorized to perform, execute and exercisethe functions, duties and powers assigned to,imposed upon or vested in, any such specialofficer, Government Agent or AssistantGovernment Agent as the case may be.

4. (1) Whenever it appears to theSettlement Officer that any land is of any ofthe following descriptions:-

(a) forest, waste, unoccupied, oruncultivated land, or chena or otherland which can only be cultivatedafter intervals of several years; or

Appointmentof SettlementOfficer andAssistantSettlementOfficers andpowers ofGovernmentAgents toapply theOrdinance.

SettlementOfficer may bynotice call forclaims.Publication andform of notice.

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LAND SETTLEMENT [Cap. 299

(b) cultivated or otherwise improvedland which was, within the periodof twenty-five years next precedingthe date of the notice hereinafter inthis subsection provided for, land ofany of the descriptions specified inparagraph (0) of this subsection,

it shall be lawful for him to declare by anotice signed and dated by him andpublished as hereinafter provided (in thisOrdinance referred to as a "settlementnotice '') that, if no claim to such land or toany share of or interest in such land is madeto him within a period of three months froma date to be specified in such notice the landto which or to any share of or interest inwhich no claim has been made as aforesaidwill be declared under section 5 (I) to be theproperty of the State and will be dealt withon account of the State:

Provided that the date specified in suchnotice shall not be earlier than the date ofthe first publication of such notice, and thattwo or more lands shall not be included inone notice if such lands are respectivelysituated in more villages than one.

(2) Every settlement notice shall bepublished in the Gazette in the Sinhala,Tamil and English languages, and copiesthereof shall be posted within the village inwhich the land is situated and on or near theland to which the notice relates and shallalso be affixed to the walls of the severalkachcheris and of the several courts,including the Primary Courts, of theprovince within which the land is situatedand in such other localities as may securethe greatest possible publicity therefor, andthe notice shall also be advertised by beat oftom-tom on or near the land within sixweeks from the date of the publication ofthe notice.

(3) Whenever the extent of the land orthe aggregate extent of all the landsincluded in a settlement notice exceeds tenacres, a notification substantially in formNo. 4 in the First Schedule shall bepublished once at least in any two of thenewspapers of Sri Lanka in the language inwhich each such newspaper is ordinarilypublished, provided that one of suchnewspapers shall be a newspaper publishedeither in Sinhala or in Tamil.

(4) If the Settlement Officer has reasonto think that any person has a claim to theland to which the settlement notice relatesor to any share of or interest in the land, heshall, in addition to publishing the notice ashereinbefore prescribed, cause a copythereof to be served upon such person or tobe sent by post addressed to him at his lastknown place of abode.

(5) Every settlement notice shall be in allmaterial respects in form No. I in the FirstSchedule, and the Gazette in which suchnotice is published or an extract therefromcontaining such notice and purporting tohave been printed by the GovernmentPrinter or certified by some officer of theState, on behalf of the State, to be correctshall, if produced in any court in Sri Lankabe received as prima facie evidence that therequirements of this Ordinance have beenduly complied with in respect of such notice.

5. (I) If no claim is made within aperiod of three months from the datespecified in any settlement notice to anyland specified therein or to any share of orinterest in any such land, the SettlementOfficer shall make a declaration in writing,which shall be deemed for the purposes ofthis Ordinance to be a settlement in favourof the State, that such land to which or toany share of or interest in which no claimhas been made is the property of the State:

Provided that if at any time within thesaid period of three months it is brought tothe knowledge of the Settlement Officer thatany person has a claim to any such land orto any share of or interest in any such landand that such person is then absent from SriLanka and was so absent at the date of thefirst publication in the Gazette of the noticeaforesaid, the Settlement Officer shall notmake a declaration that such land is theproperty of the State until after the expiryof a further period of six monthscommencing from the day on which the saidperiod of three months expired.

(2) If in pursuance of the settlementnotice a claim is made to any land specifiedtherein or to any share of or interest in anysuch land, either within the aforesaid periodof three months or, in any case in whichwithin the said period of three

Powers andduties ofSettlementOfficer whenclaim is or isnot made.

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Cap. 299] LAND SETTLEMENT

months it is brought to the knowledge of theSettlement Officer that some person who isabsent from Sri Lanka has a claim to anysuch land or to any such share or interest,within the further period prescribed by theproviso to subsection (I), the SettlementOfficer shall proceed to hold an inquiry intosuch claim and for that purpose may withsuch assistants as may be required enterupon any land to which the claim relatesand make such inspection as may benecessary.

(3) For the purpose of the inquiry theSettlement Officer shall call upon everyclaimant, by summons in writing servedupon him either personally or by being leftat his last-known place of abode, to appearbefore the Settlement Officer upon a dayand at a time and place within theadministrative district in which the land issituated to be specified in such summonsand to produce the evidence upon whichsuch claimant relies in proof of his claim:and if after due service of the summons suchclaimant, upon the day and at the place andtime specified as aforesaid or upon anysubsequent day to which the inquiry or anyproceeding under subsection (4) has beenadjourned and at the place an-t time towhich such inquiry or proceeding has beenso adjourned or upon the day and at theplace and time specified in any furthersummons duly served upon him as providedby this subsection, does not appear or doesnot produce such evidence, or if hewithdraws his claim, then in any of suchcases his claim shall be deemed to be nulland void and the Settlement Officer maythereupon deal with the land to which theclaim relates as though no such claim hadbeen made:

Provided that if any claimant who has sofailed to appear or to produce such evidenceas aforesaid shall thereafter, and before thepublication under section 8 of the orderprescribed by subsection (5), appear beforethe Settlement Officer and satisfy theSettlement Officer that he had reasonablegrounds for such failure to appear or toproduce such evidence, the SettlementOfficer shall proceed to consider his claimas though he had duly appeared or

produced such evidence, and in such case itshall be lawful for the Settlement Officer forthe purpose of dealing with such claim todeclare any declaration made by him undersubsections (I) or (4) or any agreemententered into by him under subsection (4) tobe null and void;

Provided also that it shall be lawful forthe Settlement Officer in his discretion todispense with the personal appearance ofany claimant and to permit such claimant toappear or produce evidence and to berepresented by an attorney-at-law or anyduly authorized agent.

(4) If any claimant appears andproduces such evidence as aforesaid, theSettlement Officer may, after consideringsuch evidence and making any furtherinquiry that may appear proper, do anyoneor more of the following things :-

(a) make a declaration in writing, whichshall be deemed for the purposes ofthis Ordinance to be a settlement,that any land specified in thesettlement notice is not claimed bythe State; or

(b) make a declaration in writing, whichshall be deemed for the purposes ofthis Ordinance to be a settlement,that some person unascertained isentitled to a particular share of orinterest in any land specified in thesettlement notice; or

(c) enter with the claimant, upon suchterms and conditions as may appearfit to the Settlement Officer, into anagreement in writing signed by theSettlement Officer and by theclaimant, providing for either orboth of the following, namely, thatthe said claimant or any otherperson shall be declared bysettlement order under subsection(5) to be entitled either wholly or inpart, or that the said claimant shallwithdraw his claim either wholly orin part, to any land or to any shareof or interest in any land specifiedin the settlement notice, and make a

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settlement of such land or share orinterest in pursuance of suchagreement:

Provided that in any case inwhich all claimants to, or to sharesof or interests in, any landwithdraw their claims byagreements entered into under thissubsection or otherwise theSettlement Officer may deal withsuch land as though no claim hadbeen made thereto;

Provided also that it shall belawful for the Settlement Officer,with the writtten consent of theclaimant which shall not berevocable, to make a declaration inwriting, which shall be deemed forthe purposes of this Ordinance tobe a settlement in favour of theState, that any land to which suchclaimant would otherwise have beendeclared to be entitled is Stateproperty set apart for the purposeof a communal chena reserve forthe use of the inhabitants of suchvillage as the Settlement Officershall specify in such declaration.

(5) The Settlement Officer shall embodyevery settlement of any land specified in thesettlement notice or of any share of orinterest in any such land, whether made bydeclaration under subsection (I) or (4) (a) or(b) or (c), or in pursuance of an agreemententered into under subsection (4) (c), or inpursuance of or by decree of court undersection 23, in an order made by him (in thisOrdinance referred to as a .. settlementorder J, which shall be substantially in formNo.2 in the First Schedule.

(6) No settlement, other than asettlement made in pursuance of or bydecree of court, which relates to any land orto any aggregate of lands exceeding tenacres in extent shall without the consent ofthe Minister be embodied in any settlementorder made under subsection (5) ; and uponpublication of such settlement order undersection 8 there shall be subjoined theretosubstantially in form No. 3 in the FirstSchedule, a certificate of the consent of theMinister to such settlement; and if no suchcertificate is subjoined to the order as sopublished, the publication shall be of noeffect so far as it relates to such settlement.

(7) Notwithstanding anything in thissection contained, it shall be lawful for theSettlement Officer at any time prior to thepublication under section 8 of the settlementorder to make a declaration in writing thatany land specified in the settlement noticehas ceased to be the subject of proceedingsunder this Ordinance. Every suchdeclaration shall be published in the Gazetteas an appendix to the settlement orderpublished under section 8 and relating tosuch notice, and no subsequent settlementnotice shall have any force or validity in lawso far as it relates to any land in respect ofwhich any such declaration has been somade and published.

6. (I) Before the Settlement Officer Offers by way

refers any claim or any portion thereof of compromise

which is in dispute between himself and theclaimant to the District Judge under section12, he shall, if he thinks that in thecircumstances of the case an offer should bemade to the claimant by way of compromiseand in order to ensure speedy settlement ofsuch claim or portion thereof, communicatesuch offer in writing to the claimant andrecord in writing the nature of the offer andthe fact that it was so made; and if theclaimant accepts the offer the SettlementOfficer shall enter with him, under section5 (4) (c), into an agreement embodying it.

(2) (a) It shall be lawful for the Ministerto make rules defining the basis on whichsuch offers are to be assessed and made.

(b) All rules made under this subsectionshall be laid, as soon as conveniently maybe, on the table of Parliament at twosuccessive meetings of Parliament, and shallbe brought before Parliament at the nextsubsequent meeting held thereafter by amotion that the said rules shall not bedisapproved, and if upon the introductionof any such motion, or upon anyadjournment thereof, the said rules aredisapproved by Parliament, such rules shallbe deemed to be rescinded as from the dateof such disapproval, but without prejudiceto anything already done thereunder andsuch rules, if not so disapproved, shallcontinue to be of full force and effect. Everysuch disapproval shall be published in theGazette.

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Cap. 299] LAND_ SETTLEMENT

(3) If the Settlement Officer decides thatno such offer should be made, he shallrecord in writing the fact that no such offerhas been made and shall communicate hisdecision to the claimant.

(4) Any claimant who is dissatisfied withthe nature or amount of any offer made tohim under subsection (I), or to whom nosuch offer has been made, may apply, withina period of one month from the day onwhich such offer was made to him or onwhich the decision of the Settlement Officernot to make an offer was communicated tohim, as the case may be. to the board torevise such offer, where the claimant isdissatisfied with the nature or amount of theoffer, or to make an offer, where no offerhas been made. Such application shall bemade by petition addressed to the boardand delivered to the Settlement Officer, whoshall forward the petition to the chairman ofthe board.

(5) The board may, after consideringany such application made as aforesaid andafter holding or making, or ordering to beheld or made, any inquiry or inspection thatit may think fit, decide to-

(a) confirm any offer made by theSettlement Officer, or any decisionof the Settlement Officer not tomake an offer; or

(b) revise any offer made by theSettlement Officer; or

(c) make an offer where no offer hasbeen made by the SettlementOfficer; or

(d) revise any offer made by theSettlement Officer to persons otherthan the applicant after due noticeto them.

(6) The chairman of the board shallinform the Settlement Officer of thedecision of the board in respect of everysuch application, and the Settlement Officershall thereupon communicate such decisionto the claimant by writing under his hand.

(7) Every claimant to whom an offer hasbeen made by the Settlement Officer undersubsection (I) or to whom the decision ofthe Settlement Officer not to make an offeror any decision of the board has beencommunicated under subsections (3) or (6)may, within a period of one month from theday on which such offer was made or suchdecision was communicated to him orwithin such longer period therefrom as theSettlement Officer may by order in writingallow, enter with the Settlement Officer intoan agreement under section 5 (4) (c).

(8) No offer made by the SettlementOfficer under subsection (I) in respect ofany claim, or confirmed, revised, or madeby the board under subsection (5), and noproceedings relating thereto, shall beconsidered or adjudicated upon by anycourt; but the court shall make order inrespect of the claim as if no such offer hadbeen made, confirmed or revised.

7. Notwithstanding anything in thisOrdinance contained it shall be lawful forthe Settlement Officer to enter with anyclaimant into any agreement under section 5(4) (c) at any time prior to the publication ofthe settlement order under section 8.

8. Subject to the provisions of section 5(6), every settlement order shall bepublished in the Gazette, and everysettlement order so published shall bejudicially noticed and shall be conclusiveproof, so far as the State or any person isthereby declared to be entitled to any landor to any share of or interest in any land,that the State or such person is entitled tosuch land or to such share of or interest inthe land free of all encumbranceswhatsoever other than those specified insuch order and that subject to theencumbrances specified in such order suchland or share or interest vests absolutely inthe State or in such person to the exclusionof all unspecified interests of whatsoevernature and, so far as it is thereby declaredthat any land is not claimed by the State orthat some person unascertained is entitled toa particular share of or interest in any land,

Agreementsunder section 5(4) (c) may bemade at anytime prior topublication ofsettlementorder.

Settlementorders whenpublished to beproof of title.&c.

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Registration ofsettlements.

that the State has no title to such land orthat some person unascertained is entitled tosuch share of the land or that such interestin the land exists and that some personunascertained is entitled thereto, as the casemay be:

Provided that nothing in this sectioncontained shall affect the right of anyperson prejudiced by fraud or the wilfulsuppression of facts of any claimant underthe notice from proceeding against suchclaimant either for the recovery of damagesor for the recovery of the land awarded tosuch claimant by the order.

9. (I) The Settlement Officer shall,before any settlement order is publishedunder section 8, send a copy thereof to theRegistrar of Lands of the registrationdistrict within which the lands in respect ofwhich such order has been made aresituated or, in any case in which such landsare situated in more registration districtsthan one, send a copy of the portion of suchorder relating to each registration district tothe Registrar of Lands of that district. TheRegistrar of Lands shall, upon receiptthereof, enter in the books prescribed by theRegistration of Documents Ordinance forthe registration of instruments affectingland the particulars prescribed by thatOrdinance of every settlement to which suchcopy relates as though such copy were aninstrument affecting land presented forregistration under that Ordinance, and shallnote upon the copy in the proper columnthe reference to the volume and folio inwhich each such entry has been made andreturn the copy to the Settlement Officer;and every such settlement shall, upon thepublication of the order under section 8, bedeemed to have been registered under thesaid Ordinance on the day on which theorder was so published:

Provided that it shall not be necessary forthe Settlement Officer to comply with theprovisions of this subsection in any case inwhich any settlement order or portionthereof relates to the settlement of any landor share of or interest in any land in favourof the State or of any unascertained person;

Provided, also, that for the purposes ofthis subsection it shall not be necessary toembody in any such order or in anyschedule subjoined thereto any descriptionof the boundaries of any land to which suchorder relates if such land is delineated in aplan purporting to be signed by theSurveyor-General or by some person actingon his behalf and is described in such orderby reference to such plan, anything insection 13 of the Registration of DocumentsOrdinance, to the contrary notwithstanding.

(2) The particulars of every settlementto which the copy of any settlement order orof any portion thereof sent to the Registrarof Lands in accordance with subsection (I)relates shall be entered by the Registrar ofLands in a new folio to be allotted by him,and an instrument affecting the land sosettled which is registered after the date onwhich such order or portion thereof wasdeemed to have been registered shall not bedeemed to be duly registered unless it isregistered in or in continuation of the newfolio allotted as aforesaid.

(3) Notwithstanding anything in theRegistration of Documents Ordinance, nofee shall be chargeable in respect of theregistration of any settlement under thissection.

10. (I) No land which has beendeclared under the proviso to section5 (4) (c) to be State property set apart forthe purpose of a communal chena reserveshall at any future time be used for anyother purpose except by the State and withthe consent of two-thirds of the personspresent at a meeting of the inhabitants ofthe village for the benefit of which it hasbeen set apart summoned, after such noticeas he shall deem sufficient, by theGovernment Agent in charge of theadministrative district within which suchland is situated:

Provided that it shall be lawful for theState to grant or lease portions of any suchland to any persons who permanently residein the village for the benefit of which it hasbeen set apart and who do not own orpossess an extent of land sufficient in theopinion of the Government Agent asaforesaid for their own support and for thatof their families.

Lands declaredunder section5 (4) (e) to becommunalchena reservesnot to beotherwise usedwithout theconsent of theinhabitants ofthe village.

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Establishment,constitution,&c., of boardfor consideringand decidingapplicationsunder section6 (4)

(2) The Government Agent in charge ofthe administrative district within which issituated any such land to the use of whichfor a purpose other than that of acommunal chena reserve consent has beengiven as provided in subsection (I) shall givenotice of such consent in the Gazette, andno such consent shall be valid or of anyeffect in law unless a notice in respectthereof has been published in the Gazette asprovided in this subsection. .

(3) In this secticn the term" inhabitant"shall have the same meaning as it has in theVillage Councils Ordinance.

11. (I) There shall be established aboard to consider and decide applicationsmade under section 6 (4). The board shallconsist of the following members to beappointed by the Minister-

(0) an officer selected from Class I ofthe Sri Lanka AdministrativeService; and

(b) an attorney-at-law of the SupremeCourt of Sri Lanka of not less thanten years' standing.

(2) (0) It shall be lawful for theMinister to make rules regulating or makingprovision for-

(i) the form and manner of proceedingto be observed by the board In

considering applications asaforesaid; and

(ii) any other matter which may benecessary for carrying out theprovisions of this Ordinance inrelation to the board.

(b) All rules made under this subsectionshall be laid, as soon as conveniently maybe, on the table of Parliament at twosuccessive meetings of Parliament, and shallbe brought before Parliament at the nextsubsequent meeting held thereafter by amotion that the said rules shall not bedisapproved, and if upon the introductionof any such motion, or upon anyadjournment thereof, the said rules aredisapproved by Parliament, such rules shallbe deemed to be rescinded as from the date

of such disapproval, but without prejudiceto anything already done thereunder; .andsuch rules, if not so disapproved, shallcontinue to be of full force and effect. Everysuch disapproval shall be published in theGazette.

(c) Subject to such rules the proceedingsof the board shall be conducted withoutregard to matters of judicial form.

(3) (0) Stamp duty shall be chargeablein respect of petitions addressed to theboard under section 6 (4) at the ratesspecified in the Second Schedule.

(b) Every claimant to land or to a shareof land who makes an application to theboard under section 6 (4) shall declare in hispetition the aggregate extent of land or ofthe share of land in respect of which heconsiders that an offer should have beenmade to him under section 6 (I) instatisfaction of his claim; and stamp dutyshall be chargeable in respect of suchpetition in accordance with the extent sodeclared.

(c) For the purposes of paragraph (b) ofthis subsection, the extent of a share of landshall be deemed to be the equivalent dividedextent of land.

(d) It shall be lawful for the board, if itthinks proper to do so, to waive the stampduty chargeable in respect of any petition orto accept, upon such terms and conditionsas it thinks fit, any petition which has notbeen duly stamped or to order that thewhole or any part of the stamp duty paid inrespect of any petition be refunded.

(4) In any case in which the members ofthe board are unable to agree with regard tothe decision of any application as aforesaid,they shall apply to the Minister to appoint asupernumerary member of the board toassist them in maki-ng such decision. Suchsupernumerary member shall be appointedfrom among the attorneys-at-law of theSupreme Court of Sri Lanka of not lessthan ten years' standing for the purpose ofconsidering and deciding such applicationand, if after the appointment of suchsupernumerary member the members of theboard including the supernumerary member

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Reference toDistrict Judgeor Judge ofPrimary Court.

Reference oftwo or moreclaims andlimitation athearing ofreference tomattersreferred.

are unable to agree with regard to thedecision of such application, the opinion ofthe majority shall prevail.

12. (I) If any claimant fails, within theperiod of one month prescribed by section6 (7) or within such longer period as theSettlement Officer may allow under thatsubsection, to enter with the SettlementOfficer into an agreement under section5 (4) (c), the Settlement Officer shall, if hehas not made a declaration under section5 (4) (0) that the land in respect of which orin respect of a share of or interest in whichthe claim is made is not claimed by the Stateor a declaration under section 5 (7) thatsuch land has ceased to be the subject ofproceedings under this Ordinance, refer theclaim or any portion thereof which is indispute between himself and the claimant tothe District Judge of the district withinwhich the land is situated.

(2) Notwithstanding the provisions ofsubsection (I), whenever the SettlementOfficer and the claimant agree that anyclaim or portion thereof which is in disputeshall be referred to the Judge of the PrimaryCourt of the division within which the landaffected is situated, the Settlement Officershall refer it accordingly, and thereupon theJudge of the Primary Court may exerciseand perform in respect of such reference allthe powers and duties vested by sections 13,14, 15, 18, 19,20,21 and 22 in the DistrictJudge; and the expression .. DistrictJudge", wheresoever in subsection (I) ofthis section and in sections 13, 14, 15, 18,19, 20, 21, 22, 26 and 27 occurring, shall bedeemed to include a Judge of the PrimaryCourt to whom any such reference has beenmade.

13. (I) It shall be lawful for theSettlement Officer in referring any claim toa District Judge under section 12 to includeany other claim in the reference:

Provided that the District Judge may, ifhe thinks that, in any case in which two ormore claims have been included in onereference by the Settlement Officer, suchclaims cannot conveniently be dealt withtogether, at any time before the decision ofsuch claims order that anyone or more ofthem be dealt with separately.

(2) No matters other than thoseincluded in the reference shall beadjudicated upon at the hearing of thereference nor shall any issue be framed ordecided as between the State and any partynot mentioned in the reference.

14. (I) Upon a reference being made tohim as aforesaid, the District Judge shallcause to be served on every claimant namedin such reference a notice requiring him tofurnish to such District Judge on or before adate to be specified in the notice a writtenstatement setting out the nature and extentof his claim. Every such statement of claimshall name the Settlement Officer as theparty defendant on behalf of the State.

(2) Any two or more claimants namedin any reference may embody their claims inone statement of claim.

15. (1) If no statement of claim isfurnished by the claimant in pursuance ofthe notice served upon him under section14(I), the District Judge shall cause to beaffixed in some conspicuous place on theland specified in the reference a notice to theeffect that, if the claimant does not, on orbefore a day to be specifed in the notice,appear before the District Judge and statethe particulars of his claim, he will bedeclared to have withdrawn his claim.

(2) If the claimant does not appear andstate the particulars of his claim inpursuance of the notice, the District Judgeshall declare that he has withdrawn hisclaim.

(3) A. declaration by the District Judgeunder subsection (2) that any claimant haswithdrawn his claim shall be equivalent toand be deemed to be a withdrawal of suchclaim by agreement entered into undersection 5 (4) (c).

16. Subject to the provisions ofsection 19 (2), it shall be lawful for any partyto any 'reference made under this Ordinanceto appear by his attorney-at-law at any stageof the proceedings in respect of suchreference.

17. The proceedings in respect ofreferences made under this Ordinance shall,except as in this Ordinance otherwiseprovided, be regulated by the provisions ofthe Civil Procedure Code, so far as the saidprovisions are applicable.

Notice toclaimant tofurnishstatement ofclaim.

Procedurewhen nostatement ofclaimfurnished.

Parties mayappear byattorneyat-law.

Proceed ings onreference to beregulated byCivilProcedureCode.

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Cap. 299) LAND SETTLEMENT

Reference casesto haveprecedence.

Procedurewhen statementof claimfurnished.

Procedure onhearing.

The DistrictJudge mayorder a freshsurvey.

Appeals.

18. The District Judge shall give theproceedings in respect of references madeunder this Ordinance precedence of all otherbusiness, unless in his opinion specialcircumstances of urgency in any particularcase otherwise require.

19. (1) The District Judge shall, assoon as the statement of claim required bythe notice served under section 14 (1) hasbeen furnished, or as soon as the claimanthas appeared in pursuance of the noticeprescribed by section 15 (1) and stated theparticulars of his claim, fix a day, of whichnotice shall be given to the parties, for theirappearance and for the hearing of thereference; and on the day so fixed theparties shall bring their witnesses into courttogether with any documents upon whichthey intend to rely.

(2) It shall be lawful for the DistrictJudge to require the personal attendance ofany claimant at any stage of theproceedings.

20. On the day fixed for the hearing ofthe reference or on any day to which thehearing is adjourned the District Judge shallproceed to examine the witnesses tenderedby the parties and, upon such examinationand after inspecting the documentsproduced by the parties and making anyfurther inquiry that may appear necessary,shall by order either dismiss the claim ordeclare that the claimant is entitled asagainst the State to the whole or to anypart, as the case may be, of the land or ofthe share of or interest in the land in respectof which the claim has been made and shallmake such order as to costs as he may thinkappropriate in the case.

21. Whenever the District Judge is ofopinion that a fresh survey is necessary forthe purpose of hearing any reference madeunder this Ordinance, he may order suchsurvey to be made.

22. (I) Any party to any reference whois dissatisfied with the decision of theDistrict Judge thereon may appeal to theCourt of Appeal against such decision bylodging with the District Judge within thirtydays from the date of the decision a petitionof appeal addressed to the Court of Appeal.

• See also the Stamp Duty Act, No. 43 of 1982.

(2) The District Judge on receiving suchpetition of appeal shall transmit it, togetherwith all the papers and the proceedingsrelating to the reference, to the Registrar ofthe Court of Appeal, and such appeal shallhave precedence of all other appeals.

(3) Stamp duty shall be charged uponevery such petition of appeal at the ratespecified in Part II of Schedule A to theStamp Ordinance; for similar petitions inthe District Court, and upon subsequentproceedings at the rates specified in the saidSchedule for appeals from the DistrictCourt.

(4) Every such appeal shall be dealt within the manner in which appeals from theDistrict Court are dealt with, and upon thedetermination thereof the Court of Appealshall by order either dismiss the claim ormake any declaration which could havebeen made by the District Judge undersection 20.

23. Every order made under sections 20or 22 shall be embodied in a decree whichshall for the purposes of the settlementorder to be made under section 5 (5), if andin so far as by such decree the claim of anyclaimant is dismissed, be equivalent to andbe deemed to be an agreement for thewithdrawal of such claim under section 5 (4)(c) and, if and in so far as by such decreeany claimant is declared to be entitled asagainst the State to any land or to any shareof or interest in any land, be equivalent toand be deemed to be a declaration by theSettlement Officer under section 5 (4) (a) or(b) that such land is not claimed by theState or that some person unascertained isentitled to such share of or interest in suchland, as the case may be.

24. (1) Notwithstanding anything insection 8, it shall be lawful for any person,within a period of twelve months from thedate of the publication under that section ofany settlement order embodying thesettlement of any land or of any share of orinterest in any land, in any case where suchland, share or interest has been declaredunder section 5 to be the property of theState, to make by petition, to which theSettlement Officer shall be named asrespondent, presented to the District Judge

Equation ofdecrees ofcourt withsettlements.

Claims beforethe DistrictJudge withinone year frompublication ofsettlementorder in respectof lands, &:c.,declared to bethe property ofthe State.

XI/410


of the district within which such land issituated a claim to, or to compensation 10

respect of, such land or share or interest:

Provided that no such petition shall beentertained by any District Judge-

(0) if the person presenting it haspreviously entered into an agreement withthe Settlement Officer under section 5 (4) (c)by which he has withdrawn his claim tosuch land or share or interest; or

(b) if such person's claim to such land orshare or interest has previously beendismissed by the District Judge undersection 20 or by the Court of Appeal undersection 22 ; or

(c) if such person fails to show good andsufficient reason for not having made hisclaim before the Settlement Officer eitherwithin the period prescribed by section 4 (I)or, in any case in which it was within thesaid period brought to the knowledge of theSettlement Officer that some person whowas absent from Sri Lanka had a claim tosuch land or share or interest, within thefurther period prescribed by the proviso tosection 5 (I).

(2) The presentation of and theproceedings in relation to every suchpetition shall be subject to the provisions ofChapter XXIV of the Civil Procedure Code,relating to summary procedure by petition,and if after investigation of the claim theDistrict Judge is of opinion that it has beenestablished, wholly or in part, he shall-

(0) if the land to which or to a share ofor interest in which such claimrelates has been alienated or settledon a claimant under the provisionsof this Ordinance by the State orhas been utilized for any publicpurpose, make order that theclaimant shall receive from theState by way of compensation asum representing the fair marketvalue, as assessed by the DistrictJudge, of such land or share orinterest or, in any case in which theDistrict Judge is of opinion that theclaim has been established only inpart, such smaller sum as the

District Judge considers to beproportionate to that part of theclaim which has in his opinion beenestablished; or

(b) if the land to which or to a share ofor interest in which such claimrelates has not been alienated by theState and has not been utilized forany public purpose, make orderthat the State shall transfer to theplaintiff the whole or any part, asthe case may be, of such land orshare or interest.

(3) Every order made under this sectionshall be expressed as an award, which shallbe in full statisfaction of the claim and shallbe a bar to any further claim against theState by any person whomsoever in respectof such land or share or interest.

25. (I) Notwithstanding the provisionsof any other written law, it shall be lawfulfor the Settlement Officer, if, after holdingsuch inquiry as he considers necessary, he issatisfied that any claimant or any person onwhose behalf a claim is made or any personwho the Settlement Officer thinks has aclaim under section 4 (4) is a minor or aperson of unsound mind, to appoint a fitperson as curator or manager of the estateof such minor or person of unsound mind,as the case may be, for the purpose of theinvestigation and settlement of the claim.

(2) The Settlement Officer shall,immediately upon making suchappointment, send to the District Judge ofthe district within which the land to whichor to a share of or interest in which theclaim relates is situated a certificate induplicate, which shall be signed and datedby him and shall specify-

(0) the particulars of the claim;

(b) the name and address of the minoror person of unsound mind by oron behalf of whom the claim ismade;

(c) the name and address of the personappointed as curator or manager;

Appointmentof curator ormanager forpurposes ofclaim.

XI/411


Award ofcompensationby theMinister.

(d) the date on which the appointmentwas made; and

(e) the reason for making theappointment.

(3) The District Judge shall on receipt ofthe certificate by order sanction theappointment, or disallow it and appointsome other person; and where the DistrictJudge sanctions the appointment it shall bevalid from the time at which it was made bythe Settlement Officer.

(4) It shall not be necessary for theDistrict Judge, before he sanctions ordisallows the appointment, to require theSettlement Officer, the curator or managerappointed by the Settlement Officer, theminor or the person of unsound mind, orany other person, to appear before him.

(5) The District Judge shall endorse hisorder upon both duplicates of the certificateand shall file one duplicate in his court andreturn the other duplicate to the SettlementOfficer. The Settlement Officer shall file theduplicate so returned in the record of hisproceedings in respect of the claim and theappointment shall be as valid and effectualfor the purpose of the investigation andsettlement of the claim as though the personappointed had been granted a certificate ofcuratorship to the estate of the minor, orhad been appointed manager of the estate ofthe person of unsound mind, under ChapterXL or Chapter XXXIX of the CivilProcedure Code, as the case may be.

(6) No stamp duty shall be payable inrespect of such appointment, anything in theStamp Ordinance" to the contrarynotwithstanding.

26. Nothing in this Ordinance shall bedeemed to prevent the Minister, if any claimis established to his satisfaction andnotwithstanding that the claimant has notmade his claim within the time prescribedby this Ordinance, or has not made astatement of claim upon being noticed bythe District Judge under section 14 or hasnot appeared and stated the particulars of

• See also the Stamp Duty Act, No. 43 of 1982.t Repealed by Ordinance No. 20 of 1931.

his claim in pursuance of a notice affixed onor near any land under section IS, fromawarding to the claimant suchcompensation in land or in money or inland and money as the Minister may thinkproper.

27. Every person engaged in carryingout any order made by the SettlementOfficer, the board, or any District Judge inpursuance of the powers or duties conferredor imposed by this Ordinance shall bedeemed to be a public servant within themeaning of the Penal Code.

28. For the purpose of holding ormaking any inquiry or inspection or ofconsidering and deciding any applicationunder this Ordinance, the Settlement Officerand the board shall have the powersconferred on a commission appointed underthe provisions of the Commissions ofInquiry Act.

29. Every return made by a Fiscal toprocess issued under section 5 (3) shall beduly verified by the oath or affirmation ofthe officer employed to execute the same,and for such purpose the Fiscal is herebyauthorized to administer such oath oraffirmation.

30. Any proceedings instituted or takenunder this Ordinance by any person asSettlement Officer may be continued by anyother person as Settlement Officer.

31. The Settlement Officer shall not beliable in damages by reason of anything ingood faith done or omitted to be done in hisofficial capacity.

32. ( I) Any order made after thecommencement of this Ordinance undersection 2 or section 4 of Ordinance No. I of1897t in respect of any proceeding underthat Ordinance which is pending orincompleted when this ,Ordinance comesinto operation may, notwithstanding theprovisions of any written law other than thisOrdinance, be made in form No. 2 in theFirst Schedule to this Ordinance (amendedas may be necessary), and such order shallbe valid and effectual for all purposes,

Personsengaged incarrying outorders ofSettlementOfficer, &c., tobe publicservants.

SettlementOfficer andboard to havepowers ofcommissionunder theCommissionsof Inquiry Act.

Verification ofservice ofprocess.

Proceedingsunder theOrdinance notinvalidated bychange ofSettlementOfficers.

Protection ofSettlementOfficer.

Order inrespect ofproceedingsunder WasteLandsOrdinancepending at thedate ofcommencementof thisOrdinance tobe made inform No.2 inFirst Schedule.

XI/412

LAND SETTLE¥ENT [Cap. 299

notwithstanding the non-recital therein ofany absence of claims, failure of anyclaimant to make a claim, failure of anyclaimant to appear or to produce anyevidence or documents, withdrawal by anyclaimant of his claim, admission of the

whole or any part of any claim or agreement.

(2) Every order made under this sectionshall have the same force as an order madein consequence of proceedings under thisOrdinance.

FIRST SCHEDULE

Form No.1

LAND SETTLEMENT ORDINANCE

Settlement Notice

Notice is hereby given, under section 4 of the Land Settlement Ordinance, that if no claim to (the land}" (anyone of the lands) t specified in the schedule hereto or to any share of or interest in (the said land)" (such land) t ismade to the undersigned within a period of three months from the day of , 19 ,(the said land}" (such land) twill be declared under section 5 (I) of the aforesaid Ordinance to be the property ofthe State and will be dealt with on account of the State.

the Settlement Office, Colombo,Given at

the Kachcheri, .

this day of , 19 ..

Settlement Officer.Assistant Settlement Officer.

Government Agent of the........ District.

• If the notice relates to only one land.t If the notice relates to more lands than one.

Schedule

. (Here specify the land or lands in respect of which the notice is published.)

Form No.2


Settlement Order

Whereas a settlement notice under section 4 of the Land Settlement Ordinance was duly published in theGazette No of , 19 , and as otherwise required by the said section, in respect ofthe land (s) situated in and described as lot (s) in Plan No :

And whereas all claims received in pursuance of the said notice have been duly dealt with in accordance with theprovisions of the said Ordinance:

[Or. And whereas no claims have been received in pursuance of the said notice :]

I, the undersigned, in pursuance of the powers conferred on me by section 5 (5) of the said Ordinance, do herebymake order that the said land (s) be settled as specified in the schedule to this order.

the Settlement Office, Colombo,Given at

the Kachcheri, .

this day of , 19 ..


Government Agent of the........ District.

XI/4i3

[Section 4 (5).]

[Sections 5 (5)and 32.]

x--~-~

[Form No. 2-contd.]

Schedule

Lo. Sub- No. of Subsectionunder Remaru (Sh ...., inlercsu, Land Reple' Volume FoUoNo. divisional EXlent Tille Plan which lC.tIed On whom ICtlled cDCWIlbranca. NO'. or Reference Off... al whic:h No. No.

Lot No. Cua..tA:.) rcPlered

A·R.P.I 2000 999,901 s(4)(c) A,of--- ScuIcd in Wldivickd shans or one-

8,or-- thinl -"c,or--

2 2A 103 2A - s(I) and ~ (4)(c) ThcSlaU · . Sttbjcct to a riFI or way from pointX '0 pointY • shown in--- plan No. --- infavour or the owner or land Z.

2 28 2202 - H4)(a) NOIc:Iaimod by theSlaIC

2 2C ~227 - s(I) and s(4)(b) ThcSlaU · . Subjoclto the....of_ penonIIIIMCatainodto a oao-lilIh aharc : ICC judpnent in D. c.--caae No. ---

3 7 3 31 999,902 ~ (4)(c) 0 Subject '0 Mon.... Bond No. ---or-- aII<IIaI by--

4 8 I 01 - .~(4)(c) ThcSlaU · . CommWlOl chona rcaave

~ 10000 - ~(I) ThcSlaU · .

Appendix

I, the undersigned, hereby, in pursuance: of the powersconfcmd on me by section5 (7) of the Land Settlement Ordinance, dcclarc that the Iand.(s) described aslot (5)-- in-- Plan No.-- has (have)ceased to bethe subject of proceedings under the said Ordinance.

n~N

~

t§~

~~~-s

the SettJcment OffICe, Colombo.Givenat -----

theKachchcri, , . . . . . . . . ....

this day of , 19 ..

..........................,SeulcmcntOffICCr,Assistant SeulcmcntOffICeI'.Govcmmcnt Alent of the.. ...... District.

LAND SEITLEMENT

Form No. 3

THE LAND SElTLEMENT ORDINANCE

Certificate

It is hereby certified that the Minister has consented to the settlement (s) embodied in the above settlement orderin so far as such settlement (s), (other than settlements, if any, made in pursuance of or by decree of court); relate (s)to any land or to any agregate of lands exceeding ten 1ICre5 in extent.

Dated at Colombo, this day of , 19 .

Land Commissioner.

Form No.4


Settlement Notice No calling for claims to lands in .......• in t Plan No.in t of the District has been published in Gazelle No of .

For further information apply to the undersigned.


Government Agent of the District.

[Cap. 299

[Section 5 (6).]

[Section 4 (3).]

• Village or area. t Description of plan. t Locality.

SECOND SCHEDULE


Rates of Stamp Duty chargeable in respect of Petitions

I. If the claim is to the full ownership of any land or share of a land and the aggregate extent of land or of theshare of land which the claimant has declared to be the extent in respect of which he considers that an offer shouldhave been made to him in satisfaction of his claim-

[Section II (3)(Q).]

Does not exceed 2 acresExceeds 2 acres, but does not exceedExceeds 5 do.Exceeds 10 do.Exceeds 20 do.Exceeds 40 do.Exceeds 60 do.Exceeds 80 do.Exceeds 100 acres

2. If the claim is to an interest

5 acres10 acres20 acres40 acres60 acres80 acres

100 acres

XI/4tS

Rs. c.I 0I 503 506 0

12 025 050 075 0

100 0

5 0