Agrarian Development Act 46/2000
Who is a Tenant Cultivator?
Section 1A → Any citizen who has
(a) Cultivated an extent of paddy land under an (oral/written) agreement
(b) Or is a successor to a TC who is deceased/ permanently disabled, who has been evicted from the
extent of the paddy land.
Section 1C → A lessee cultivating land is not a TC
Devolution of the Rights of the TC
Section 1D → if the TC dies/ is permanently disabled
→ His rights shall devolve on the surviving spouse
→ Failing such spouse, on one of the children
→ If there’s more than one child, the child whose sole means of living is cultivation
→ If there are multiple children whose sole means of living is cultivation, the oldest of them.
Section 1E → TC may nominate any family member as his successor
→ TC may cancel the nomination at any time.
→ Nomination/ cancellation must be done by way of a document in the prescribed form.
→ The documents must be submitted to the Com-Gen for registration.
Section 1F → If TC has no successor, the landlord may cultivate the land.
S2 - Selling a tenant cultivated paddy land
(1) → Owner of the land must offer to sell it to a TC
→ Sent in writing by registered post
→ Copy of the offer must be sent to the ADC by registered post
(2) → A TC willing to purchase the land at the price fixed must communicate so to the owner +
ADC via registered post.
→ ADC will fix a time period for the transfer to be completed.
(3)
(a) If TC is willing to purchase but the price is excessive → ADC will consult the owner, consider
the land value and determine a price and time period for the transaction to be completed.
(b) TC must complete the transaction within the period fixed.
(4) If Com-Gen is satisfied that TC failed to act as per subsections (2)/ (3), TC will be evicted as
per S8
(5) Transfer by the owner in contrary to these provisions → declared null and void by Com.Gen
after inquiry.
(6) A copy of such declaration shall be transmitted under S5 to the land registry where the
paddy land is situated.
M. M. Minipaba Gunarathne AAL
LL.B. (London)
S5 - Maximum extent of paddy land cultivated by TC
(1) ...Is 5 acres including land cultivated by his spouse/ child under 18 years
(2) The Minister by order published in the Gazette determines the extent of paddy land that TC
can cultivate in that district.
(3) If TC possesses more than the extent in (2), he must select the land to which he is entitled
and vacate the balance by order of the COm.Gen
(4) If TC doesn’t comply with (3) → evicted from the paddy land under S8
(5) When TC vacates the land, landlord can cultivate it.
S8 - Procedure for eviction
(1) When a person doesn’t comply with an order of eviction, the Com-Gen/ his authorized
agent may apply to the MC by a written report containing the following:
(a) Nature of the order+ person to whom it was issued + extent of the land
(b) State that the person failed to vacate despite the order
(c) Pray for and order to evict the person + name the person to whom land should be
handed over.
(2) Upon the written report being presented, the Magistrate will order a fiscal/ peace officer
to evict the person and hand over the land to the person nominated in the report.
(3) Fiscal/ peace officer will report the manner in which he executed the order.
(4) Fiscal/ peace officer can use force to execute the order if necessary.
(5) A person who unlawfully dispossesses an occupier placed in possession by the fiscal is
guilty of an offence.
(6) Upon conviction, Magistrate will direct the fiscal place the dispossessed person in
possession of the land and evict any other occupier.
S9 - Payment of Rent
(1) Com.Gen will determine from time to time the amount TC should pay for the land - this will be
published in the Gazette.
(2) Rent should be in bushels of paddy - not less than 10 bushels per acre/ ¼ of the the yield,
whichever is higher.
(3) Rent can vary from district to district or parts of the district.
(4) If the area cultivated is less than 1 acre, rent is determined proportionately.
(5) Rent may be paid in:
- Paddy
- Money for the paddy at the current market value
(6) If the tenant failed to pay rent w/o a reasonable cause, the Com-Gen after inquiry, will order it to
be paid.
(7) If part of the land is not cultivated due to no fault of the tenant, the rent for such extent is reduced
by the Com-Gen.
M. M. Minipaba Gunarathne AAL
LL.B. (London)
(8) Dispute between TC and landlord regarding extent of land/ rent → referred to the Com-Gen →
send final decision by reg post to both parties.
S10 - Consequences of defaulting to pay rent
(1) Com-Gen shall refer the matter to the Agrarian Tribunal → inquire and decide the amount of
default → communicate it to TC. landlord, Com-Gen by reg post.
(2) TC fails to comply with owner → Com-Gen informs in writing that tenancy is terminated and...
(3) Order TC to vacate the land.
(4) TC fails to vacate → Com-Gen evict him under S8.
S32 - A person using paddy land for purposes other than cultivation w/o
Com-Gen’s permission
(1) Is guilty of an offence under this Act
(a) Filling up soil
(b) Using land for non-agricultural purposes
(c) Construct a structure
(d) Remove soil
(e) Use land in violation of the terms of Com-Gen’s permission
S32 (8), (9), (10) - Consequences for being convicted under S32(1)
(8) After summary trial, Magistrate can impose a fine up to 100,000/- OR imprisonment up to 6
months
(9) For every future day of continuing the offence after conviction, 1000/- is charged as a fine
(10) Court may order removal of soil filling / construction within the period it specifies.
S33 - Filling/ utilsing paddy land for purposes other than cultivation
(1) No person can fill/remove soil/ erect a structure w/o Com-Gen’s written permission.
(2) Acting contrary to (1) is an offence.
(3) The Com-Gen/ other officers of ADC will apply to the MC to restrain the person/ his agents acting
contrary to (1).
(5) Magistrate will make an interim order to restrain persons named in the application & ask them to
state the cause for violation.
(8) If the M is not satisfied with the cause, he’ll confirm the interim order.
(9) Implements, Instruments, machinery, vehicles used to commit the offence → forfeited by the state.
(10) Com-Gen may sell/ dispose the things forfeited as he thinks fit.
S34 - Paddy lands shouldn’t be used for purposes other than agriculture
cultivation
(1) ... except with COm-Gen’s written permission.
(2) Com-Gen may withdraw the permission to increase agricultural production/ for contravention of
the conditions of the permission.
(3) Usingpaddy land contrary to (1) is an offence under this Act.
M. M. Minipaba Gunarathne AAL
LL.B. (London)
(4) Where permission is withdrawn, the person must restore the paddy land to its previous condition
by the date specified by the Com-Gen.
(5) Failing to comply with (4) is an offence → summary trial before M → fine not exceeding 25,000 →
Imprisonment not more than 3 months if fine is not paid.
(6) For each day of continuing the offence → 1000/- charged as a fine.
S36 - Permission by Com-Gen to extract mineral resources from paddy land
(1) If TC doesn’t give consent to the owner to extract minerals from the land, Com-Gen will permit the
owner to use up to 20 perches for this purpose within a permitted period.
(2) Com-Gen will consider the bushels of paddy that can be obtained from that extent within the
period permitted &
→ order the landlord to compensate TC accordingly for loss of possession of that land.
Part III - S38 - Appointment of Com-Gen, Additional Com-Gen, Commissioners,
Deputy COm, Assistant Com, Agrarian Development Officers
S39 - Establishment of Agrarian Tribunals
(1) Com-Gen shall appoint for every/ one or more district, one/ more ATs consisting of
➢ Retired judges, AALs with more than 7 years experience or
➢ Retired public officers w/ 7 years experience in the agriculture field.
Powers
(8) If a person summoned to the AT, w/o reasonable cause
(a) Fails to appear
(b) Refuses to be sworn/ answer questions OR wilfully gives false answers to the Qs
(c) Fails to produce docs he’s required to produce
He’s guilty of an offence - on coviction after summary trial before a Magistrate→ liable to a fine up to
1000/- imprisonment up to 6 months/ both.
(7) Examine witnesses, summon anyone to appear/ produce documents relevant to an
application/complaint/reference.
(9) Inquire into and conclude applications and complaints within 6 months of receipt and inform its
decision to the parties and Com-Gen via Registered Post.
(10) A certificate by the AT that a person acted in the manner set out in (8) is prima facie proof of the
facts.
(11) Regulations will be made setting out the manner the applications, complaints, appeals to the AT
shall be made and the particulars to be included.
S101 - Interpretation
AGRICULTURE - includes
a) Growing of rice/ all field crops/ spices and condiments/ industrial crops/ vegetables/ fruits/
flowers/ pasture/ fodder
b) Dairy farming, livestock rearing and breeding
c) Plant and fruit nurseries
d) Bee keeping and inland fisheries
M. M. Minipaba Gunarathne AAL
LL.B. (London)
PADDY LAND means
a) Land cultivated with paddy OR
b) Is prepared for the cultivation of paddy OR
c) Having previously been cultivated with paddy, is suitable for cultivating paddy and includes land
adjoining or appertaining to it which is used by the cultivator as a threshing floor/ for constructing
his dwelling house.
BUT doesn’t include chena land/ other land which is w/ the Com-Gen’s permission used for purposes
other than cultivation.
OWNER CULTIVATOR (with reference to paddy land) means an
a) Owner or
b) Usufructuary mortgagee who cultivates the entirety of the land and if the paddy land is alienated
by the Land Development Ordinance, the person deriving title of the land and is a cultivator of the
entire land
M. M. Minipaba Gunarathne AAL
LL.B. (London)
