Sri Lanka Land Development Corporation ACT
Arrangement of Sections
1. Short title.
PART I
POWER OF MINISTER TO DECLARE RECLAMATION AND DEVELOPMENT AREAS
2. Declaration of Reclamation and Development Areas by Order of the Minister and effect of such declaration.
2A. Prohibition against filling or developing a Reclamation and Development Area.
2B. Declaration of an area as low lying marshy, waste or swampy.
VESTING AND ACQUISITION OF LAND
3. Vesting in the Corporations of lands which are situated within the jurisdiction of local authorities and which comprise Reclamation and Development Areas.
3A. Vesting of State Land in the Corporation.
4. Compulsory acquisition of any kind which comprises a Reclamation and Development Area and which is not vested in the local authority within the jurisdiction of which that land is situated.
PART IA
SALE OF LAND BY THE CORPORATION
4A. Declaration of canal reservations.
4B. Right to sell land vested in or acquired by the Corporation.
4C. The Corporation shall pay to the local authority or the Land Commissioner the reclaimed value of land vested.
PART II
ESTABLISHMENT OF THE COLOMBO DISTRICT (LOW-LYING AREAS)
RECLAMATION AND DEVELOPMENT CORPORATION
5. Establishment of the Sri Lanka Land Development Corporation.
6. Members of the Corporation.
7. Chairman of the Corporation.
8. Objects of the Corporation.
9. General powers of the Corporation.
9A. Corporation to carry out any activity entrusted to it by the Cabinet or Ministers.
10. Borrowing powers of the Corporation.
11. Capital of the Corporation.
12. Seal of the Corporation.
13. Procedure at meetings of the Corporation.
PART III
STAFF OF THE CORPORATION
14. Appointment of officers and servants.
PART IV
FINANCE AND ACCOUNTS
15. Fund of the Corporation.
16. Accounts of the Corporation.
17. Audit.
18. Documents to be transmitted to the Minister and to be placed before Parliament.
PART V
MISCELLANEOUS
19. Compulsory acquisition of any land other than land referred to in section 4 or any interest in such land for any purpose of the Corporation.
20. Special grant or lease of State property to the Corporation.
20A. Procedure for application for restraining order.
20B. Certificate of chief executive officer to be prima facie evidence of the facts therein.
20C. Pollution of canals an offence.
20D. Procedure to be followed by a police officer.
20E. Offences committed by a body of persons or a partnership.
21. Minister’s directions to the Corporation.
22. Power to enter land or premises.
22A. Penalty for offence for which no penalty is prescribed.
23. Power of Minister to modify certain written laws.
24. Effect of other laws.
25. Amendment of Schedules.
26. Revocation by Parliament of Orders under section 23 and section 25.
26A. Officers and servants of the Corporation deemed to be public servants within the meaning of the Penal Code.
26B. Corporation deemed to be a scheduled institution within the meaning of the Bribery Act.
27. Regulations.
28. Interpretation.
SCHEDULES
27 of 1978,
15 of 1968,
52 of 1982,
35 of 2006,
49 of 2011,
11 of 2019,
13 of 2021.
AN ACT to provide for the establishment of a Corporation, to be known as the Sri Lanka Land Development Corporation for the development and reclamation in accordance with the National policy relating to land Reclamation and Development of such areas as may be declared by order of the Minister; for such Corporation to undertake construction work and consultancy assignments in the field of engineering; and for matters connected therewith or incidental thereto.
[Subs by s 2 of Act 35 of 2006; am by s 2 of Act 11 of 2019.]
[Date of Commencement: 22nd September, 1968]
1. Short title.
This Act may be cited as the Sri Lanka Land Development Corporation Act.
[S 1 am by s 3 of Act 52 of 1982; s 3(1) of Act 11 of 2019.]
PART I
POWER OF MINISTER TO DECLARE
RECLAMATION AND DEVELOPMENT AREAS
2. Declaration of Reclamation and Development Areas by Order of the Minister and effect of such declaration.
(1) Where the Minister is satisfied that any area of land is a low-lying, marshy, waste or swampy area and where such land is situated within the Jurisdiction of any local authority, he shall in consultation with the Minister in charge of the subject of Local Government and the local authority or authorities within which such land is situated, or where such land is in an area for which a local authority has not been created but is in an area for which any other authority has been created and established by or under any law, then with the concurrence of the Minister in charge of such authority, by Order published in the Gazette, declare such area to be a Reclamation and Development Area for the purposes of this Act.
[S 2(1) subs by s 4 of Act 52 of 1982.]
(2) An Order declaring a Reclamation and Development Area under subsection (1) shall define the area by setting out the metes and bounds of the land or lands comprised in the Area.
(3) Upon the publication of an Order declaring a Reclamation and Development Area under subsection (1) it shall be the duty of the Corporation hereinafter established by this Act to reclaim and develop that Area.
[S 2(3) am by s 4 of Act 52 of 1982.]
(4) Parliament may by resolution revoke any Order made by the Minister under this section within fifty days of the publication of such Order in the Gazette, and in the computation of such period of fifty days no account shall be taken of any period during which Parliament is prorogued. Such revocation shall be without prejudice to anything previously done thereunder.
(5) Nothing contained in this Act shall be deemed to confer on the Minister the power to declare any area within the Coastal Zone as a “Reclamation and Development Area” without the concurrence of the Minister to whom the subject of Coast Conservation and Coastal Resource Management is assigned.
In this subsection “Coastal Zone” shall have the same meaning as is assigned to it in the Coast Conservation and Coastal Resource Management Act, No. 57 of 1981.
[S 2(5) ins by sch of Act 49 of 2011.]
2A. Prohibition against filling or developing a Reclamation and Development Area.
(1) No person shall without the written approval of the Corporation, fill or develop in any manner whatsoever, any extent of land situated within any area of land declared to be a Reclamation and Development Area under section 2.
(2) The Corporation may, on a written application made by any person seeking approval for filling or developing any extent of land within any area declared to be a Reclamation and Development Area, grant approval for the same, subject to such terms and conditions as it may consider necessary.
(3) Every person who acts in contravention of the provisions of subsection (1) or fails to comply with the terms and conditions subject to which an approval has been granted under subsection (2), commits an offence and be liable on conviction after summary trial before a Magistrate to a fine not less than one hundred thousand rupees and not exceeding five hundred thousand rupees or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.
[S 2A(3) am by s 2(1) of Act 13 of 2021.]
(4) Where the chief executive officer of the Corporation is informed that any person is contravening the provisions of subsection (1) he shall take all appropriate measures to prevent such person from carrying on the unlawful activity.
[S 2A(4) am by s 2(2) of Act 13 of 2021.]
(5) Where under subsection (4), the chief executive officer of the Corporation or the officer or servant authorised by such chief executive officer, fails to prevent any person from carrying on an unlawful activity in contravention of the provisions of subsection (1), the chief executive officer may—
(a) make an application to the Magistrate’s Court within whose local jurisdiction such extent of land or any part thereof in which such unlawful activity is being carried on, is situated, for the issue of an order—
(i) restraining such person, his agents and servants from acting in contravention of the provisions of subsection (1);
(ii) granting the chief executive officer, the authority—
(aa) to demolish any building or construction which may have been erected whether wholly or partly on such extent of land;
(ab) to excavate or unearth and to remove the soil and materials used in the filling or the construction; and
(ac) to take into custody any implement, instrument, machinery, vehicle or document used for such filling or construction; and
(iii) for the recovery of the total cost incurred by the Corporation—
(aa) in the demolition of any building or construction;
(ab) in the excavation or the unearthing and the removal of the soil and materials used in the filling or the construction; and
(ac) in the taking of any implement, instrument, machinery, vehicle or document used for such filling or construction into custody; or
(b) complain to the officer in charge of the police station of the area where such extent of land or any part thereof in which such unlawful activity is being carried on or wholly or partly carried out, is situated.
[S 2A(5) am by s 2(3) of Act 13 of 2021.]
(6) Where any person to whom approval has been granted under subsection (2) has failed to comply with the terms and conditions subject to which such approval was granted, the Chief Executive Officer of the Corporation or the officer or servant authorised by the Chief Executive Officer shall direct such person to comply with the same within the time specified in such direction and where such person fails to do so, the Chief Executive Officer
may—
(a) make an application to the Magistrate’s Court within whose local jurisdiction such extent of land or any part thereof in which such unlawful activity is being carried on, is situated, for the issue of an order—
(i) restraining such person, his agents and servants from acting in contravention of the terms and conditions imposed under the provisions of subsection (2);
(ii) granting the Chief Executive Officer, the authority—
(aa) to demolish any building or construction which may have been erected whether wholly or partly on such extent of land;
(ab) to excavate or unearth and to remove the soil and materials used in the filling or the construction; and
(ac) to take into custody any implement, instrument, machinery, vehicle or document used for such filling or construction; and
(iii) for the recovery of the total cost incurred by the Corporation—
(aa) in the demolition of any building or construction;
(ab) in the excavation or the unearthing and the removal of the soil and materials used in the filling or the construction; and
(ac) in the taking of any implement, instrument, machinery, vehicle or document used for such filling or construction into custody; or
(b) complain to the officer in charge of the police station of the area where such extent of land or any part thereof in which such unlawful activity is being carried on or wholly or partly carried out, is situated.
[S 2A ins by s 3 of Act 35 of 2006; S 2A(6) subs by s 2(4) of Act 13 of 2021.]
2B. Declaration of an area as low lying marshy, waste or swampy.
(1) The Minister may with the concurrence of the Minister in charge of the subject of Lands, by Order published in the Gazette determine any area of land other than an area declared to be a Reclamation and Development Area under section 2, as a low lying, marshy, waste or swampy and specify in such Order the requirements to be complied with in filling or developing any such area.
(2) An Order under subsection (1) declaring an area as low lying, marshy, waste or swampy shall define such area by setting out the metes and bounds of such area.
(3) It shall be the duty of every person who proposes to carry out any filling or development activity in any area declared under subsection (1), to comply with the requirements specified in the Order made under that subsection and any person who acts in contravention, thereof commits an offence and be liable on conviction after summary trial before a Magistrate to a fine not less than one hundred thousand rupees and not exceeding five hundred thousand rupees or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.
[S 2B(3) am by s 3(1) of Act 13 of 2021.]
(4) Where an Order under subsection (1) is made, the local authorities or any authorities within the area declared by such Order, whose approval is required for the purpose of construction of buildings or sub-division, shall, in granting such approval, ensure that the requirements specified in that Order are complied with and where such requirements are not complied with, notwithstanding anything to the contrary in any other written law, have the power to refuse to approve such construction of buildings or sub-division as the case may be, until such requirements are complied with to its satisfaction.
(5) Where the Chief Executive Officer is informed and upon being satisfied that any person is acting in contravention of the provisions of subsection (3), the Chief Executive Officer may—
(a) make an application to the Magistrate’s Court within whose local jurisdiction such extent of land or any part thereof in which such unlawful activity is being carried on, is situated, for the issue of an order—
(i) restraining such person, his agents and servants from acting in contravention of the provisions of subsection (3);
(ii) granting the Chief Executive Officer, the authority—
(aa) to demolish any building or construction which may have been erected whether wholly or partly on such extent of land;
(ab) to excavate or unearth and to remove the soil and materials used in the filling or the construction; and
(ac) to take into custody any implement, instrument, machinery, vehicle or document used for such filling or construction; and
(iii) for the recovery of the total cost incurred by the Corporation—
(aa) in the demolition of any building or construction;
(ab) in the excavation or the unearthing and the removal of the soil and materials used in the filling or the construction; and
(ac) in the taking of any implement, instrument, machinery, vehicle or document used for such filling or construction into custody; or
(b) complain to the officer in charge of the police station of the area where such extent of land or any part thereof in which such unlawful activity is being carried on or wholly or partly carried out,
is situated.
[S 2B ins by s 3 of Act 35 of 2006; S 2B(5) subs by s 3(2) of Act 13 of 2021.]
VESTING AND ACQUISITION OF LAND
3. Vesting in the Corporations of lands which are situated within the jurisdiction of local authorities and which comprise Reclamation and Development Areas.
(1) Any land or lands which comprises or comprise a Reclamation and Development Area declared by an Order under section 2, and which is or are vested in any local authority or authorities or in any other authority within the jurisdiction of which such land or lands is or are situated shall, from the dale on which that Order is made, without any formal transfer thereof vest absolutely in the Corporation free from all encumbrances.
[S 3(1) am by s 5 of Act 52 of 1982.]
(2) No compensation, except as provided in section 4B, shall be payable by the Corporation in respect of any land which vests in the Corporation by reason of the operation of the provisions of subsection (1) and section 3A.
[S 3(2) subs by s 2 of Law 27 of 1978.]
3A. Vesting of State Land in the Corporation.
(1) Notwithstanding anything in the State Lands Ordinance or in any other written law, where the Minister certifies that any State land which is low-lying, marshy, waste or swampy and falls within any Reclamation and Development Area declared by an Order under section 2. is required to be made available to the Corporation for the purpose of any reclamation and development project, the Minister may with the concurrence of the Minister in charge of the subject of State Lands by Order (hereafter in this Act referred to as a “vesting Order”) published in the Gazette, vest such land in the Corporation, with effect from such date as shall be specified in the Order.
(2) A vesting Order shall have the effect of giving the Corporation absolute title to any land specified in the Order with effect from the date specified therein and free from all encumbrances.
(3) The vesting of any State land in the Corporation shall not be deemed to convey any right to any mineral, mineral product or mineral oil shall, notwithstanding any such vesting, be deemed to remain and shall remain the absolute property of the Republic.
(4) Where any State land is to be vested in the Corporation, the Chairman of the Corporation may, if there is no plan of that land made by the Surveyor-Generals Department, cause a survey and plan of that land to be made by a licensed surveyor approved by the Surveyor-General.
[S 3A ins by s 3 of Law 27 of 1978.]
4. Compulsory acquisition of any kind which comprises a Reclamation and Development Area and which is not vested in the local authority within the jurisdiction of which that land is situated.
(1) Where any Reclamation and Development Area declared by an Order under section 2 comprises any land which is not vested in a local authority or authorities or in any other authority within the jurisdiction of which such land is situated, such land may be acquired under the Land Acquisition Act by the Government for the Corporation, and the provisions of that Act shall, save as otherwise provided in subsection (2), apply for the purpose of the acquisition of that land.
[S 4(1) am by s 6 of Act 52 of 1982.]
(2) In any case where any land referred to in subsection (1) is to be acquired under the Land Acquisition Act and public notice of the intention to acquire that land is published as required by that Act at any time within the period of five years reckoned from the date of commencement of this Act, the market value of that land for the purposes of determining the amount of compensation to be paid in respect of that land shall, notwithstanding anything to the contrary in that Act, be deemed to be the market value which that land would have had at the date of commencement of this Act if it then was in the same condition as it is at the time of acquisition.
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