Latest Amendments to the Partition Act

The Partition (Amendment) Act, No. 27 of 2024, introduces several key amendments to the Partition Law, No. 21 of 1977 of Sri Lanka. Here are the key amendments summarized:

  1. Section 15:
    • Subsections (2) and (3) are repealed and replaced to mandate that the Grama Niladhari must display a notice, including the schedule of land, in a conspicuous place for at least thirty days and proclaim it publicly using a loudspeaker. 
  2. Section 16:
    • Subsection (2) is replaced, requiring the surveyor’s commission to include a copy of the plaint and allowing the court to issue further commissions for additional surveys or resurveying as needed.
  3. Section 17:
    • Amended to replace “after beat of tom-tom” with “by way of public announcement made using a loudspeaker” for public proclamations.
  4. Section 18:
    • Updated to include the nature of claims made by parties present at the survey.
  5. Section 23:
    • Modified to require parties in a partition action to file a list of documents and witnesses at least thirty days before the trial date, with strict rules on submitting additional evidence.
  6. New Section 24A:
    • Introduced to allow the court to amend pleadings before the trial date and, in exceptional circumstances, after the trial date.
  7. Section 27:
    • Subsection (3) is replaced to prioritize issuing the commission to the original surveyor or any agreed surveyor for partitioning the land.
  8. Section 30:
    • Updated similar to Section 17, replacing “after beat of tom-tom” with “by way of public announcement made using a loudspeaker” 
  9. Section 36A:
    • Repealed and replaced to allow applications for leave to appeal to the relevant High Court.
  10. Section 45A:
    • Updated to correct a reference from “sections 36A and 45A” to “sections 36 and 45”.
  11. Section 52:
    • Amended to include a ten-year limit for filing motions following a final decree .
  12. Section 57:
    • Updated to include costs related to public announcements .
  13. Section 67:
    • Amended to include prohibitions against altering the character of the land.
  14. Second Schedule:
    • Updated to reflect changes in reporting requirements for Grama Niladhari and surveyors.
  15. General Provisions:
    • Amendments made by this Act will apply to ongoing actions, proceedings, or appeals. In case of inconsistencies between the Sinhala and Tamil texts, the Sinhala text will prevail.

Download Amendment Act: http://www.documents.gov.lk/files/act/2024/5/27-2024_E.pdf

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