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Library State Lands Ordinance 1949.

State Lands Ordinance 1949.

State Lands Ordinance 1949.

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The Ordinance consists of the following Parts: Grants, Leases, and Other Dispositions of State Land (I); Execution, Authentication and Registration of Instruments of Dispositions (II); Vesting Orders and Vested Land (III); State Lands Vested in Village Councils (IV); Special Leases by Local Authorities of Lands Vested in Such Authorities (V); Reservations (VI); Road Reservations (VII); The Foreshore (VIII); Regulation and Control of the Use of the Water of Lakes and Public Streams (IX); Recovery of Payments Due to the State and Cancellation of Instruments of Disposition (X); Administration (XI); Regulations (XII); Miscellaneous (XIII); Interpretation and Savings (XIV).The President may make grants, leases and other dispositions of State land and accept the surrender of any land according to the provisions of Parts I-VII. An instrument of disposition shall effect every disposition of State land. The instrument shall be signed and executed by the President in cases of State land granted or sold, or leased for a term exceeding the prescribed period; every other instrument of disposition shall be signed and executed by the prescribed officer. Further provisions concern vested land for purposes of administration in any naval, military, air force or local authority, State lands vested in Village Councils, special leases by local authorities of lands vested in such authorities, constitution of State reservations, recovery of payments due to the State, cancellation of instruments of disposition, administration of the Ordinance by the Land Commissioner. According to the provisions of Part VIII the administration, control, custody and management of the foreshore are vested in the State. The President is authorized: (a) to construct quays, wharves or other works; (b) to dredge the bed of the sea; (c) to reclaim any part of the foreshore or bed of the sea; (d) to erect buildings on any areas reclaimed from the sea; (e) to lease or otherwise dispose of any reclaimed area. Without prejudice to the rights of the public the President may lease any part of the foreshore or bed of the sea, and the Government Agent may issue permits for the occupation of any part of the foreshore or bed of the sea for a period not exceeding one year. Section 63 establishes the power of the Minister to declare areas from which no sand, stone, coral or other substance shall be removed. The Government Agent may prohibit the removal of sand, etc. from any particular place on the foreshore according to the provisions of Section 64. "Foreshore" means the shore of the Island of Sri Lanka between high-water mark and lower-water mark as per Section 110 of the Ordinance. The right to the use and flow and to the management and control of the water in any public lake or public stream shall vest in the State. However, the right shall not be exercised in contravention of any right lawfully exercisable by any person, company, corporation, board or local authority and shall be subject to the rights of the occupiers of land on the banks of public lakes or streams as well as of holders of permits issued under Part IX of the Ordinance. The occupiers of land on the bank of any public lake or stream shall have the right to use the water for domestic purposes, for the purpose of watering cattle or other stock and for agricultural purposes, subject to the condition that the water shall not by diverted through a channel, drain or pipe or by means of mechanical contrivance, but shall be removed in a bucket or other receptacle. Furthermore, no person shall divert water, construct or maintain any work in, or upon the bank of, any public lake or stream except under authority of a permit issued by the Government Agent or other prescribed officer. Further provisions concern the procedure to be followed by the applicant, the matter to be taken into account in considering the application, the appointment of an advisory board to assist the Government Agent in the consideration of applications, the cases in which the permits shall be cancelled, and the penalties to be applied in case of violation.

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