municipal councils [cap. 576 - commonlii · municipal councils [cap. 576 ordinance no. 29 of 1947,...

MUNICIPAL COUNCILS [Cap. 576

OrdinanceNo. 29 of 1947,

ActsNos 1 of l949,

9 of 1950,3 of 1951,

12 of 1951,39 of 1951,

8 of 1952,38 of I953,7 of 1954,

26 of 1954,44 of 1954,22 of 1955,22 of 1956,15 of 1957,39 of 1958,12 of 1959,

9 of 1961,39 of 1961,2 of 1967,8 of 1967,

42 of 1968,4 of 1969,

48 of 1971,

LawsNos.38 of l973,

8 of 1974,4 of 1975,5 of 1975,

18 of 1977,24 of 1977,

ActsNos. l8 of l979,

42 of 1979,57 of 1979.

CHAPTER 576

MUNICIPAL COUNCILS

AN O R D I N A N C E TO AMEND AND CONSOLIDATE THE LAW RELATING TO MUNICIPALCOUNCILS.

Short title. 1. This Ordinance may be cited as the (c)Municipal Councils Ordinance.

[15th August, 1947.]

assign a name and designation to theMunicipal Council to be constitutedfor the Municipality so declared.

Power todeclare areasto beMunicipalitiesand to definetheir limits.

PART I

CONSTITUTION OF MUNICIPAL COUNCILS

2. The Min i s t e r may, by Orderpublished in the Gazette—

(a) d e c l a r e a n y a r e a t o be aMunicipality;

(b) define the limits of the Municipalityso declared; and

MunicipalCouncil to beconstitutedfor eachMunicipality.

3. A Municipal Council in accordancewith the provisions of this Ordinance shallbe constituted for every area declared to bea Municipality by Order under section 2.

4. The Municipal Council constituted Functions offor each Municipality shall, subject to the Municiple

, , - , Councils.powers reserved to or vested in any otherauthority by this Ordinance or by any otherwritten law, be the local authority, withint h e a d m i n i s t r a t i v e l i m i t s of t h eMunicipality, charged with the regulation,

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sliit s sliit

sliit s sliit

Cap. 576] MUNICIPAL COUNCILS

Compositionof MunicipalCouncils.[§ 94, Law 24of 1977.]

Arrangementspreliminary toconstitution ofMunicipalCouncils.

First generalelection ofCouncillors.

control and administration of all mattersrelating to the public health, public utilityservices and public thoroughfares, andgenerally with the protection and promotionof the comfort, convenience and welfare ofthe people and the amenities of theMunicipality.

5. (1) Each Municipal Council shallconsist of the Mayor and Deputy Mayorand such number of other Councillors as theMinister may prescribe by Order publishedin the Gazette.

(2) In determining the number ofCouncillors the Minister shall have regardto the area and population of theMunicipality.

(3) Every Order made under subsection(1) shall as soon as may be convenient belaid before Parliament.

*7. For the purposes of any preliminaryarrangements in connexion with theconstitution of any Municipal Councilunder this Ordinance, it shall be lawful forthe Minister, by an Order or Orderspublished in the Gazette, to issue all suchdirections as may be necessary orappropriate, or to modify or supplementany of the provisions of this Ordinance insuch manner and to such extent as may bespecified by him in such Order; and everysuch Order shall have the same effect inrelation to the purposes aforesaid as if ithad been embodied in this Ordinance.

PART II

E L E C T I O N A N D TERM OF OFFICE OFCOUNCILLORS

8. Where a Municipal Council is to beconstituted for any Municipality under thisOrdinance, a general election in accordancewith the provisions of the Local AuthoritiesElections Ordinance shall be held for thepurpose of electing the first Councillors ofthe Council.

Commence-ment of termof office ofMunicipalCouncils anddate ofconstitution ofsuch Councils.

Term of officeof Councillors.

[§ 2, 39 of1961.][§ 2, 2 of 1967.]

9. The term of office of each MunicipalCouncil to be constituted under thisOrdinance shall commence on such date asthe Minister may appoint by Orderpublished in the Gazette. Such date shall bedeemed to be the date of the constitution ofthe Council for all the purposes of thisOrdinance; and the Council shall bedeemed to be constituted on that date,notwithstanding that the full number ofCouncillors prescribed under section 5 maynot have been duly elected.

10. (1) The term of office of eachCouncillor elected at a general-election shallcommence—

(a) in the case of the first generalelection, on the date specified bythe Minister by Order undersection 9;

(b) in the case of any general electionsubsequent to the first generalelection, on the first day of Januarynext succeeding the date of theelection or on such other date as theMinister may appoint by Orderpublished in the Gazette,

and shall expire on the thirty-first day ofDecember of the fourth year thereafter(inclusive of the year in which such term ofoffice commenced) or on such other date asmay be appointed by the Minister undersubsection (2).

(2) The Minister may by Orderpublished in the Gazette—

(a) curtail the term of office referred toin subsection (1) by appointing, insubstitution for the thirty-first dayof December of the year specified inthat subsection, the last day of anymonth in that year or in the yearimmediately preceding that year;and

(b) extend such term by appointing, insubstitution for the thirty-first dayof December of the year specified insubsection (1) or the day appointedunder paragraph (a) of this

* Section 6 is repealed by Law No. 24 of 1977.

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MUNICIPAL COUNCILS [Cap.576

subsection, the last day of anymonth in that year or in any yearsubsequent to the year so specifiedor appointed, and thereafter, fromtime to time, extend such term byappointing in substitution for thedate of expiry of such termspecified in the last Order, a laterdate;

Provided, however, that theperiod by which such term isextended or the aggregate of theperiods by which such term is, fromtime to time, extended shall notexceed twelve months.

11. Where the term of office of theCouncillors elected at a general election isdue to expire under section 10, a generalelection in accordance with the provisions ofthe Local Authorities Elections Ordinanceshall be held for the purpose of electing newCouncillors in place of such Councillors.

*13. (1) Where any person who iselected as a Councillor decides for anyreason not to serve as a Councillor, hemay—

(a) if he is not the Mayor, relinquish theoffice of Councillor—

(i) by a written communication ofhis refusal of office to theMayor, or in the event of anyvacancy in the office of Mayorto the Commissioner, at anytime before the date fixed forthe first meeting of theCouncil after his election; or

(ii) by a written communicationof his resignation of office tothe Mayor, or in the event ofany vacancy in the office ofMayor to the Commissioner,at any time after such firstmeeting; or

(b) if he is the Mayor, relinquish theoffice of Councillor—

(i) by a written communication ofhis refusal of office to the

Commissioner, at any timebefore the date fixed for thefirst meeting of the Councilafter his election ; or

(ii) by a written communication ofhis resignation of office to theCommissioner, at any timeafter such first meeting.

(2) Any Councillor who, without leaveof the Council first obtained, fails to attendthree consecutive general meetings of theCouncil shall ipso facto vacate his office.

(3) If any person elected as a Councillorrefuses or resigns his office, or dies, orvacates his office under subsection (2) or if acasual vacancy occurs in any other mannerin such office, the Mayor or theCommissioner, as the case may be, shallsend a written communication to that effectto the elections officer. Upon the receipt ofsuch communication, the elections officershall proceed to fill the vacancy inaccordance with the provisions of the LocalAuthorities Elections Ordinance, and theperson thereupon elected shall serve as aCouncillor until the expiry of the term ofoffice of the Councillors elected at the lastpreceding general election.

PART III

MEETINGS AND CONDUCT OF BUSINESS

MAYOR AND DEPUTY MAYOR

14. (1) There shall be a Mayor and aDeputy Mayor for each Municipal Councilwho shall be Councillors and be elected inaccordance with the provisions of the LocalAuthorities Elections Ordinance.

(2) (a) The Mayor or Deputy Mayorof a Municipal Council shall hold office forthe term of office of the Council unless heresigns or vacates such office.

(b) Whenever a Mayor or DeputyMayor vacates his office he shall at the sametime cease to be Councillor.

Term of officeof Mayor andDeputy Mayor.[§ 99. Law 24of 1977.]

[§ 2. 2 of1967.]

[§ 2, 2 of1967.]

Subsequentgeneralelections.

[§ 97, Law 24of 1977.]

Refusal,resignation orvacation ofoffice.


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Cap.576] MUNICIPAL COUNCILS

(3) The Mayor of a Municipal Councilshall, subject to the provisions of section254A, be the chief executive officer of theCouncil and all executive acts andresponsibilities which are by this Ordinanceor by any other written law directed orempowered to be done or discharged by theCouncil may, unless the contrary intentionappears from the context, be done ordischarged by the Mayor.

(4) The Mayor may by order in writingdelegate to the Deputy Mayor orCommissioner or any officer of the Councilany of the powers, duties or functionsconferred or imposed upon or vested in theMayor by this Ordinance or any otherwritten law.

(5) The exerc ise , d i s c h a r g e orperformance by the Deputy Mayor orCommissioner or any other officer of theCouncil of any power, function or dutydelegated to him by order of the Mayorshall be subject to the direction and controlof the Mayor and shall be subject to suchconditions and restrictions and limited tosuch purpose or purposes as may bespecified in the order and any suchdelegation may at any time be varied orcancelled by order of the Mayor.

(6) During the period commencing onthe date of occurrence of a vacancy in theoffice of Mayor and ending on the date ofelection of a new Mayor or during theperiod of absence of the Mayor on accountof illness or other unavoidable cause theDeputy Mayor may exercise, discharge andperform the same powers, functions andduties as the Mayor.

(7) Whenever the office of Mayor of aMunicipal Council falls vacant informationof the occurrence of the vacancy shallforthwith be given to the elections officer ofthe district, in writing, by the Commissionerof the Council. Upon the receipt of suchinformation the elections officer shallproceed to fill the vacancy in the mannerprescribed in the Local AuthoritiesElections Ordinance.

*16. The Mayor and Deputy Mayor ofthe Council shall each, during the tenure ofhis office, be ex officio a Justice of thePeace and Unofficial Magistrate for theadministrative district in which theMunicipality is situated.

MEETINGS

17. There shall be twelve generalmeetings of each Municipal Council in everyyear for the transaction of business. Thegeneral meetings shall be held at theMunicipal office during the first week ofevery month, or as soon thereafter as seemsexpedient to the Mayor.

18. The Mayor may, whenever he thinksfit, and shall upon a written requisitionsigned by three Councillors, call a specialmeeting of the Council to be held at theMunicipal office.

19. The Mayor shall cause notice inwriting of every general or special meetingor adjourned meeting of the Council, and ofthe business to be transacted thereat to beserved on each Councillor at least four daysbefore the meeting.

20. Without the permission of aMunicipal Council, no business shall bebrought before or transacted at any generalor special meeting, other than the businessspecified in the notice of the meeting.

21. (1) All matters or questionsauthorized by this Ordinance or by anyother written law to be decided by aMunicipal Council shall be decided by amajority of the Councillors present andvoting at any general or special meeting.

(2) No business shall be transacted atany meeting of the Council unless one-thirdof the number of Councillors in office onthe day of that meeting is present.

22. The Mayor, or in his absence, theDeputy Mayor, shall preside at all meetingsof the Council, and if both the Mayor andthe Deputy Mayor are absent, theCouncillors present shall elect one of theirown number to preside at the meeting.

Mayor andDeputy Mayorto be Justicesof the Peaceand UnofficialMagistrates.

Generalmeetings.

Specialmeetings.[§ 101, Law 24of 1977.]

Notice ofmeetings.(§ 102, Law 24of 1977.]

Business atmeetings.

Decisions ofquestions, andquorum.

Mayor orDeputy mayorto preside atmeetings ofCouncil.[§ 103, Law 24of 19§77.]


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23. If at any general or special meetingof a Municipal Council there is not asufficient number of Councillors present toform a quorum, the meeting shall standadjourned to such date, not more thanfifteen days after the date of the meeting soadjourned, as the Mayor thinks f i t ; and thebusiness which would have been broughtbefore the meeting so adjourned if there hadbeen a quorum present, shall be broughtbefore, and disposed of at, such adjournedmeeting.

24. The Mayor, Deputy Mayor or otherCouncillor presiding at any general orspecial meeting at which a quorum of theCouncil is present, may, with the consent ofthe meeting, adjourn the meeting, from timeto time; but no business shall be transactedwithout the permission of the Council atany adjourned meeting other than thebusiness left unfinished at the meeting fromwhich such adjournment took place.

25. Minutes of the proceedings of allmeetings of a Municipal Council shall bedrawn up and fair ly entered in a book to bekept for that purpose, and shall be signedby the Mayor, Deputy Mayor or otherpresiding Councillor after each meeting andshall at all reasonable times be open at theMunicipal office to the inspection, free ofcharge, of any Councillor, and to theinspection of any other person on paymentof a fee of twenty-five cents.

COMMITTEES

26. (1) Every Municipal Council shall atits first general meeting in each year elect byballot from among the Councillors astanding committee on finance and not lessthan two other standing committees.

(2) The Mayor shall not be eligible forelection to any standing committee,

(3) A Councillor other than the Mayorshall not be eligible for election to morethan one standing committee until everyother such Councillor has been elected to atleast one standing committee and shall notin any event be eligible for election to morethan two standing committees.

(4) Every standing committee other thanthe standing committee on finance shallconsist of six Councillors elected asaforesaid, and the standing committee onfinance shall consist of five Councillors soelected and the Mayor who shall ex officiobe a member of it. If during the year anyvacancy occurs in any standing committeethe Council shall at a general or specialmeeting elect a Councillor to fill thevacancy.

(5) The Mayor shall ex officio be thechairman of the standing committee onfinance, but every other standing committeeshall at its first meeting elect by ballot itsown chairman.

(6) The Mayor may be present and mayspeak but not vote at a meeting of any ofthe standing committees other than thestanding committee on finance; and, ifpresent, he shall preside and may bothspeak and vote at every joint meeting of thestanding committee on finance and anyother standing committee or committees.

(7) In the absence of the Mayor fromany meeting of the standing committee onfinance, or from any joint meeting of thatcommittee and any other standingcommittee or committees, and in theabsence from any meeting of any such otherstanding committee of the chairman electedunder subsection (5), the members of thecommittee or committees concerned shallelect a chairman for the meeting fromamong their own number.

(8) Every standing committee shallexercise, perform and discharge suchpowers, duties and functions as aredelegated to it by the Council, or otherwiseconferred or imposed upon, or vested in it.

(9) No business shall be transacted atany meeting of a standing committee or atany joint meeting of two or more standingcommittees unless the prescribed quorum ispresent. Until a by-law is made by theCouncil prescribing the quorum at anymeeting of a standing committee or at anyjoint meeting of two or more standingcommittees, one-third of the total number

Adjournmentin case ofabsence ofquorum.

Adjournmentof meetings.

Minutes ofproceedings.

Standingcommittees.

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Specialcommittees.

Financialmatters andfinancecommittee.

Custody ofMunicipalbooks, papers,&c., and accessthereto bycommitteesandCouncillors.

of the members of such committee orcommittees, as the case may be, shall form aquorum:

Provided that at least one member ofeach such committee is present.

(10) The Council may by resolutiondecide that the election of the standingcommittees referred to in subsection (1)shall be adjourned to the second generalmeeting of the Council in any year and,upon the passing of any such resolution,such election shall be so adjourned and theprovisions of subsections (1) to (4) shallapply accordingly subject only to themodification effected by such resolution.

27. (I) A Municipal Council may,from time to time, appoint from among theCouncillors special committees, consistingof such number as it thinks fit, for thepurpose of inquiring into and reportingupon any Municipal matter.

(2) Every special committee shall at itsfirst meeting elect by ballot its ownchairman and shall continue to be acommittee until it has reported to theCouncil and until its report has been finallyconsidered by the Council.

(3) At the time of appointing a specialcommittee, the Council may determine thenumber of members who are to form aquorum; and where such quorum is notdetermined by the Council two-thirds of themembers of the special committee shallform a quorum at any meeting thereof.

28. No financial matter shall be finallydealt with by a Municipal Council unlesssuch matter has been first dealt with andreported on by the standing committee onfinance.

29. Every meeting of a standing or asubcommittee of a Municipal Council shallbe held at the Municipal office or at suchother place as the committee may decideand any such committee shall at any suchmeeting have access to the books, deeds,contracts, accounts, vouchers, and otherdocuments and papers of the Council.

MISCELLANEOUS

30. Where the votes of the Councillors Casting vote.present and voting at any meeting, generalor special, of the Council, or of anystanding or other committee of the Council,are equally divided in regard to anyquestion, the Mayor, Deputy Mayor orother Councillor presiding at such meetingshall, in addition to his own vote as aCouncillor or as a member of theCommittee, have a casting vote.

31. All notices of meetings may beforwarded by post addressed to the usual orlast known place of abode of the Councillorto be served; and where a notice is soforwarded by post it shall be deemed tohave been served at the time when the lettercontaining the same would be delivered inthe ordinary course of post.

32. A Municipal Council may byresolution delegate generally or specially tothe Mayor or Deputy Mayor or to theCommissioner or to any one or more of itsofficers or committees any of the powers,duties or functions conferred or imposedupon or vested in it by or under thisOrdinance or by any other written law.

33. Subject to the provisions of section21, nothing which is done or determined bya Municipal Council under the provisions ofthis Ordinance or of any other written lawshall be or be deemed to be illegal or invalidby reason only of the fact that anyCouncillor was absent from the Council orthat there was any vacancy in the number ofthe Councillors at the time such thing wasdone or determined.

PART IV

STATUS, POWERS AND DUTIES OFMUNICIPAL COUNCILS

34. (1) Every Municipal Council shallbe a corporation with perpetual successionand a common seal and shall have power,subject to this Ordinance, to acquire, holdand sell property, and may sue and be suedby such name and designation as may beassigned to it under this Ordinance.

Notices may beserved by post,

Delegation ofpowers, dutiesand functionsof Council.

Acts ofCouncil notinvalidated byvacancies orabsence ofCouncillors.

MunicipalCouncils to becorporations.

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(2) The common seal of the Councilshall remain in the custody of theCommissioner, and shall not be affixed toany contract or other instrument on behalfof the Council, except in the presence ofthe Mayor or Deputy Mayor and theCommissioner who shall sign their names tosuch contract or other instrument in tokenof their presence.

35. There shall be vested in theMunicipal Council of each Municipality allsuch immovable property of the followingclasses, namely:—

(a) waste lands;

(b) stone, gravel and cabook quarries;

(c) lakes, ponds, reservoirs, tanks,aqueducts and other waterworks;

(d) State lands, whether with or withoutbuildings,

as may be situate within the limits of theMunicipality and may be or have been madeover, with the sanction of the President orthe Governor-General, as the case may be,to the Council under this Ordinance orunder any repealed enactment.

36. (1) A vesting order, certificate orother record signed by the personauthorized to make over any propertyreferred to in section 35, and by the officerof the M unicipal Council authorized toreceive or accept such property on behalf ofthe Council, shall be sufficient, and shall bedeemed at all times to have been sufficient,to vest such property and all right, title andinterest in such property in the Council:

Provided, however, that nothing insection 35 or in the preceding provisions ofthis section shall be deemed—

(i) to affect or prejudice any right ortitle of the State to any suchproperty or the right of the State atany time to resume or dispose ofsuch property for public purposes;or

(ii) to affect or prejudice any right, titleor interest which any military or

other authority, in which lands arevested on behalf of the State, has ormay have in any such property or inany part thereof;

(iii) to empower the Council to sell orotherwise alienate any suchproperty without having previouslyobtained the consent in writing ofthe President to such sale oralienation.

(2) All property vested in a MunicipalCouncil shall be administered, and therevenue thereof shall be employed and madeuse of, for the purposes of this Ordinance.

37. (1) There shall be further vested ineach Municipal Council, for the purposes ofthis Ordinance, the following classes ofproperty:—

(a) all public parks, gardens and openspaces acquired by or otherwisetransferred to the Council, and allerections and other structurestherein and the equipment thereof,subject always to the terms of anytrust or the conditions in anyinstrument by which any suchproperty may have been transferredto the Council;

(b) all streets within the Municipality(except such streets as may bespecially exempted by theP r e s i d e n t ) t oge the r wi th thep a v e m e n t s , s tones and othermaterials thereof and also allerections, materials, implementsand things provided therefor;

(c) all public markets and all works,erections or structures for thebenefit or convenience of the publicwhich may be constructed, erectedor provided under this Ordinanceor w h i c h m a y h a v e b e e nconstructed, erected or providedunder any repealed enactment, orwhich may be otherwise transferredor have been t r a n s f e r r e d tot h e C o u n c i l , a n d a l l thesites, reservations, appurtenances,materials, furniture and equipment

Lands vested inMunicipalCouncils.

Other propertyvested inMunicipalCouncils-

Method ofgrantingadministration,&c., of suchlands.

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provided therefor, subject always toany such trust or condition asaforesaid;

(d) all o ther p u b l i c b u i l d i n g sconstructed or provided in whole orin part out of the Municipal Fundof the Council, or which may beo the rwi se t r a n s f e r r e d to theC o u n c i l , and a l l t h e s i t e s ,appurtenances, materials, furnitureand equipment thereof, subjectalways to any such trust orcondition as aforesaid;

(e) the property of and in all the lamps,lamp-irons, lamp-posts, sluices,dams, pipes, posts, chains, poles,rails and other similar erections andthings in, about or belonging to thestreets vested in the Council, and ofand in all the materials, furnitureand things belonging thereto,except in so far as the same shall beotherwise regulated by contract

Council or shall beshown to be privateor subject to private

with theotherwisepropertyrights.

(2) Any property referred to inparagraph (e) of subsection (1) may be soldor otherwise disposed of by the Council,from time to time, as it may deem necessary,and the revenue arising from such sale ordisposition shall be credited to theMunicipal Fund.

*37A. N o p e r s o n s h a l i e r e c t amonument on any land belonging to theState or on any land vested in or belongingto any Municipal Council except with theprior approval of the Minister granted uponan application made in that behalf by suchperson.

In this section " monument " includes anystatue, pillar, post, or any structure erectedto commemorate any person, whether livingor dead, but does not include any structure,tomb, or cross erected in any cemetery orburial ground.

*37B. It shall not be lawful for anyMunicipal Council to name any public park,playground, library, reading room, stadium,building, clock tower, bridge or bathing-wellexcept with the prior approval of theMinister.

38. A Municipal Council may receiveand hold property in trust for the benefit ofthe inhabitants of the Municipality, or anysection of such inhabitants, or for thepurposes of any public service administeredby the Council, and may otherwise act astrustee for any public purpose.

Naming ofpublic parks,&c,[§ 8, Law 4 of1975.]

Power to act atrustee for anypublic purpose

Power toappoint agentsoutside SriLanka.

39. (1) A Municipal Council may atany time by resolution appoint an agent oragents outside Sri Lanka for the purpose ofentering into contracts on its behalf withpersons resident or carrying on businessoutside Sri Lanka, for the execution orperformance of any work or service or forthe supply of any articles or materials.

(2) Any such appointment shall, untilrevoked by the Council, confer on the agentor agents appointed full authority to enterinto any such contract on behalf of theCouncil when requested to do so by theCouncil.

40. (1) For the purpose of the Generaldischarge of its duties under this Ordinance, powers.a Municipal Council (without prejudice toany other powers specially conferred uponit) shall have the following powers :—

(a) to create all such posts or offices asit may deem necessary;

(b) to assign to any post or office in theservice of the Council, other than apost in the Local GovernmentService, such salary, allowances orremuneration as the Council maythink fit;

(c) to make appointments to posts oroffices referred to in paragraph (b);

(d) subject to the express provisions ofthis Ordinance, to remove anyofficer or servant of the Council,other than a member of the LocalGovernment service;

Control anderection ofmonuments.[§ 7, Law 4 of1975.]

[§ 9, Law 4 of1975.]

* New sections 3?A and 37e have been introduced in the course of the revision and are based on sections 7, 8 and9 of the Naming of Streets and the Control of the Erection of Monuments Law, No. 4 of 1975.

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*(e) save as otherwise provided insubsection (3), to abolish any postor office in the service of theCouncil, whether or not such postor office is a post in the LocalGovernment Service;

(f) to sell by public auction or, with theprior approval in writing of theMinister, to sell otherwise than bypublic auction, or to lease, either inblock or in parcels—

(i) any land or building vested inthe Council by virtue ofsection 35 or section 37 if theprior sanction of the Presidenthas been obtained by theCouncil, and

(ii) any other land or building ofthe Council, subject to theterms and conditions of theinstrument by which the landor building was vested in ortransferred to the Council,unless the sale or leaseis p r o h i b i t e d by suchinstrument;

(g) subject to the express provisions ofthis Ordinance, to enter into anycontract with any person for anywork to be done, or services to berendered, or goods or materials tobe supplied ;

(h) to grant, with the prior approval ofthe Minister, to any person, firm,company or corporation for anypurpose, a licence or concession,whether exclusive or otherwise, forany period or for any consideration,s u b j e c t to s u c h t e r m s andconditions as to the Council mayseem fit;

(i) to make by its officers authorized inthat behalf and the servants orworkmen accompanying them allsuch e n t r i e s i n t o l a n d s andbuildings and inspections thereon asmay be necessary for the detectionand abatement of nuisances, the

de tec t ion , p revent ion , andabatement of all contraventions ofthis Ordinance or of by-laws, rulesor regulations made thereunder,or for the performance of actsrequired to be done by or under thisOrdinance in respect of which theowner or occupier of such premisesis, or may be deemed to be, indefault;

(j) by its Mayor or other officerauthorized by him, to hold allinquiries which the Mayor maydeem necessary for any of thepurposes of this Ordinance, and forthe purpose of all such inquiries, toadminister oaths and summonwitnesses;

(k) to institute or defend any legalproceedings which the Council maydeem necessary to institute ordefend for the purpose of enforcingor protecting the rights of theCouncil or of the public or ofprotecting its officers or membersin the execution or intendedexecution of their duties ;

(l) to deal with any budget orsupplementary budget in themanner hereinafter provided ;

(m) to consider recommendations fromthe standing committees, to reduceor increase the amount ofexpenditure, or to transfer themoneys assigned under one head ofexpenditure in the budget toanother head;

(n) to consider the annualadministration report, and appendsuch observations thereto as theCouncil thinks fit, prior to itssubmission to the Minister;

(o) to approve the raising of loans forworks or public services to beundertaken under the provisions ofthis Ordinance, or for theacquisition of any land or buildingsrequired for the purposes of or in

* Vide also section 19 (2) of the Local Government Service Law.

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connexion with any such work orpublic service or any machinery,plant or equipment required for thepurposes of any such publicservice;

(p) to consider the periodical statementsof receipts and disbursementshere inaf te r p rov ided for, andprogress reports of work done, andto pass such resolutions thereon asthe Council thinks fi t ;

(q) to call the attention of the Mayor toany neglect in the execution ofMunicipal work, to any waste ofMunicipal property, the wants ofany locality as noticed personallyby any Councillor or made knownto him by the inhabitants, and tosuggest any improvements whichappear desirable;

(r) to bring forward general questionsconnected with the MunicipalFund, or any new measures relatingto purposes authorized by thisOrdinance;

(s) to sanction the appropriation ofMunicipal land, or the acquisitionof land for the purposes of thisOrdinance;

(t) to purchase any land or otherimmovable property which may besold in execution of any judicialdecree or order obtained by theCounci l agains t any personwhomsoever, and to resell thesame;

(u) to establish and maintain any of thefollowing public services :—

(i) water supply;

(ii) the lighting of streets, publicplaces and public buildings;

(iii) the supply of electric light orpower;

(iv) markets;

(v) public baths, bathing places,laundries and places forwashing animals;

(vi) any other form of publicservice, subject to suchprohibition or restriction ofthe e s t a b l i s h m e n t a n dmaintenance of that service asmay be imposed by any otherlaw;

(v) to make, repeal, alter, or amend by-laws for the purposes of thisOrdinance;

(w) generally to do all things necessaryfor the effective exercise andperformance of the powers andduties of the Council.

(2) The proceeds of any sale or lease bya Municipal Council under subsection (1)shall be paid into the Municipal Fund.

(3) Nothing in subsection (1) (e) shall bedeemed or construed to empower theMunicipal Council to abolish the officeof Mayor, Deputy Mayor, MunicipalCommissioner or Municipal Magistrate.

41. None of the provisions of thePrevention of Frauds Ordinance shall applyto any sale, lease, mortgage, release or otheragreement or contract affecting immovableproperty to which a Municipal Council is aparty.

42. (1) Whenever it appears to aMunicipal Council that an examination orsurvey of any private lands, buildings, orpremises is necessary for any Municipalpurpose, it shall be lawful for the Council todirect any officer or servant of the Councilto make such survey, and it shall thereuponbe lawful for such officer or servant and hisworkmen to enter upon such premises andto do thereon any of the following acts :—

(a) to survey and take levels of suchland;

(b) to dig or bore into the subsoil;

(c) to do all other acts necessary toascertain whether the land isadapted for such purpose ;

Prevention ofFraudsOrdinance notto apply.

Power toauthorizesurveys, &c.

XVIII/12


(d) to set out the boundaries of any landto be acquired, or street lines, or thelines of any work proposed to becarried out;

(e) to mark such levels, boundaries, orlines by placing permanent markson existing buildings, trees, posts,walls, fences, or other fixed objects,or by fixing new marks, or bycutting trenches, as the case mayrequire; and

(f) where otherwise a survey cannot becompleted, or levels taken, or theboundaries and lines marked, to cutdown and clear away obstructionsinterfering with the execution ofsuch work:

Provided that full compensation shall bepaid for any damage done ;

And provided further, that no personshall enter any building or any enclosureattached to a dwelling house (except withthe consent of the occupier thereof) withoutpreviously giving such occupier, at leastthree days' notice of his intention to do so.

(2) Every mark fixed under paragraph(e) of subsection (1) shall be deemed to bethe property of the Council.

42A. (1) The Mayor of a MunicipalCouncil may cause a written notice to beserved on the occupier of any unauthorizedbuilding directing such occupier to demolishthat building.

(2) Where a notice served undersubsection (1) on the occupier of anunauthorized building is not complied withwithin fourteen days reckoned from the dateof such service, the Mayor may cause thatbuilding to be demolished ; and any personor persons acting under the authority of theMayor may enter the land on which suchbuilding is situated and do all such acts asmay be necessary for the purpose of suchdemolition.

(3) The provisions of section 68 shall,mutatis mutandis, apply in the case of anybuilding demolished under subsection (2) inlike manner and to the same extent as they

apply in the case of any building pulleddown under section 67.

(4) No action or other proceeding shalllie against any person for any act done inthe exercise of the powers conferred bysubsection (2), and no person shall beentitled to any compensation for anydamage or loss caused by such act.

(5) In this section, the expression" unauthorized building" means anybuilding situated within the administrativelimits of a Municipal Council and erectedon any land belonging to or vested in theState or that Council without priorpermission given by or on behalf of theState, or that Council, as the case may be.

43. (1) Every Municipal Council shallestablish and maintain an office within theMunicipality for the transaction of business.Such office shall be called the " MunicipalOffice ".

(2) There shall be kept at the Municipaloffice during all hours of business a box forthe reception of petitions, and a book forthe registry of such petitions and of theorders passed thereon, after inquiry andreport by the proper officer.

44. A Municipal Council may acquirelands or buildings for the general purposesof the Council without indicating thepurposes for which any land or building isto be applied.

45. Any land or building required forthe purposes of a Municipal Council may beacquired under the Land Acquisition Act bythe Government for the Council.

Acquisition oflands orbuildings forgeneral publicpurposes.

Compulsoryacquisition oflands andbuildings.

46. Every Municipal Council shall, General dutieswithin the Municipality, have the following of Council.duties:—

(a) to maintain and cleanse all publicstreets and open spaces vested inthe Council or committed to itsmanagement;

(b) to enforce the proper maintenance,cleanliness and repair of all privatestreets;

Municipaloffice.

Demolition ofunauthorizedbuildings.[§ 2, 15 of1957.]

XVIII/13


(c) to supervise and provide for thegrowth and development of theMunicipality by the planning andwidening of streets, the reservationof open spaces, and the executionof public improvements;

(d) to abate all nuisances;

(e) to establish and maintain (subject tothe extent of its resources) anypublic utility service which it isauthorized to maintain under thisOrdinance and which is required forthe welfare, comfort or convenienceof the public;

(f) generally to promote the publichealth, welfare and convenience,and the development, sanitationand amenities of the Municipality.

PART V

POWERS AND DUTIES AS TO STREETS

STREETS

47. Subject to the provisions of thisOrdinance, a Municipal Council may—

(a) lay out and construct new streets,bridges or tunnels;

(b) widen, open, enlarge or otherwisei m p r o v e , or t u r n , d i v e r t ,discontinue, or stop up, whether inwhole or in part, any street towhich the Thoroughfares Ordinancedoes not apply and, with thesanction of the Minister chargedwith the subject of thoroughfares,any other street,

making due compensation to the owners oroccupiers of any property required for suchpurposes, or any person whose legal rightsare thereby infringed.

48. (1) If in connexion with the layingout, turning, diversion, widening, opening,enlargement, or improvement of any street,it becomes necessary for any MunicipalCouncil to take possession, for public use,of the land of any person, it shall be lawful

for such Council to make an agreement withthe owner for the compensation to be paidfor such land, and for any building,boundary wall, gateway, fence or treestanding thereon, either by allowing him topossess the ground, or part of the ground,of the former street or by the grant of otherland in exchange or by payment of moneyor by any two or more of such methods.

(2) Any land of which possession istaken by a Municipal Council in pursuanceof any agreement under subsection (1) shallvest in the Council without any formaltransfer thereof, and the certificate ofthe Mayor of the Council that anyperson has been allowed by the Council topossess any part of the ground of anyformer street or any land given in exchangeunder subsection (1), together with a surveythereof, shall be a sufficient proof of theright of such person to such ground or land.

(3) Where a Municipal Council cannotagree with the owner of any land as to thecompensation to be made under subsection(1), or where such owner cannot be found,or where the Council does not deem itadvisable to enter into any agreement withthe owner of any land, then proceedingsmay be taken to obtain possession of suchland, and for compensating the owner, inthe manner prescribed by section 45.

(4) Every agreement under subsection(1) shall be in writing, but section 2 of thePrevention of Frauds Ordinance shall notapply to any such agreement or to anycertificate issued under subsection (2).

49. If in connexion with the laying out,turning, diversion, widening, opening,enlargement or improvement of any street,it becomes necessary for any MunicipalCouncil to take possession of the land ofany person for public use, and if the personclaiming to be the owner of the land desiresto make a free gift of the land to theCouncil for such purpose and to renounce allclaim to compensation therefor, a record inwriting to that effect duly signed by suchperson in the presence of the Mayor or of aperson authorized by the Mayor in writingin that behalf shall be sufficient to vest theland in the Council. No such record shall be

Power toconstruct new,and improveexisting streets.

Acquisition oflands requiredfor diversionsorenlargements.

Gifts of landrequired fordiversion or

' enlargement of1 street.

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Power todispose ofdiscontinuedstreet.

Power to takeland adjoiningnew street forbuildingpurposes.

Proper officersempowered loenter uponlands forrepair, &c., ofstreets.

Power to takematerials.

deemed to be invalid or of no effect in lawby reason only that the requirements ofsection 2 of the Prevention of FraudsOrdinance have not been complied with asto attestation by a notary public and bywitnesses.

50. Whenever any street or any part ofany street vested in a Municipal Councilceases to be used as a street, the Council,with the prior approval of the President,may sell, lease, or exchange such street orpart thereof, and in the event of such sale orlease, the proceeds thereof shall be paid intothe Municipal Fund.

51. In laying out or constructing anynew street, or in turning, diverting,widening, opening, enlarging, or otherwiseimproving any street, a Municipal Councilmay, in addition to the land required for thepurposes of the carriageways and footwaysthereof, also purchase the land necessary forhouses and buildings to form the said street,and may sell, lease, or otherwise dispose ofthe same, subject to the provisions ofparagraph (/) of subsection (1) of section 40and subject to such stipulations andconditions as to the class and description ofhouses or buildings to be erected thereon asthe Council may think fit.

52. It shall be lawful for the properofficer of any Municipal Council and for theservants, workmen, and labourers employedby or under him, at all times, and with allnecessary and proper carriages, carts,animals and other means, to enter upon anyland adjacent or near to any existing orintended street within the Municipality, andthere severally to do and perform all acts,matters, and things necessary for thepurpose of tracing, measuring, making,working, opening, altering, t u r n i n g ,repairing, clearing, improving, or fencingany such street, or for building, excavating,repairing, clearing, or improving any bridge,fence, drain, dam, or ditch thereupon, or inany way connected therewith, or forperforming any act, matter or thing underthe provisions of this Ordinance, or anyby-law, rule or regulation made thereunder.

53. It shall be lawful for the properofficer of any Municipal Council and for theservants, workmen, and labourers employed

by or under him, at all reasonable times,and with all necessary and proper carriages,animals, and other means, to search for, dig,cut, take and carry away any water, timber,brushwood, stone, gravel, clay, or any othermaterials whatsoever, for the purpose oftracing, measuring, making, working,opening, altering, turning, repairing,clearing, improving, or fencing, or in anyway assisting in the tracing, measuring,making, working, opening, altering, turning,repairing, clearing, improving, or fencingany existing or intended street in theMunicipality; or of building, excavating,repairing, clearing, or improving any bridge,fence, drain, dam, or ditch thereupon, or inany way connected therewith; or for theconstruction or repair of any lines or anybuildings whatsoever required on or nearany such street for the use of any officer asaforesaid, or any workmen, animals,carriages, persons, or things employed in hisservice, in and from any land adjacent ornear to any such. street, and to carry awaythe same through the land of any person,without being deemed a trespasser:

Provided that no such materials shall bedug for, cut, or taken away, upon or fromany yard, avenue to a house, or lawn or anyinclosed garden, plantation, field, or wood,without the consent of the owner thereof,u n l e s s s u f f i c i e n t m a t e r i a l s c a n n o tc o n v e n i e n t l y be o b t a i n e d f rom theneighbouring waste lands or common orabandoned grounds, in which case the saidofficer may take any of such materialswhere he can conveniently procure them;

P r o v i d e d also t ha t r e a s o n a b l ecompensation for all materials so taken, andfor the damage done in taking and carryingaway the materials, shall be made to theowner thereof;

Provided, further, that such officer shallrail or fence off any quarry or pit fromwhich any such materials may be taken, sothat it may not be dangerous to any personor animal.

54. It shall be lawful for the properofficer of any Municipal Council whentracing, measuring, making, working,opening, altering, turning, repair ing,

Power to erectbuildings andkeep cattle, &c.

XVIII/15


Power tothrow rubbishupon adjacentlands.

Power to maketemporaryroad.

clearing, or improving any existing orintended street within the Municipality, orbuilding, excavating, repairing, clearing, orimproving any bridge, fence, drain, dam, orditch thereupon or in any way connectedtherewith—

(a) to make and erect temporarybuildings on any land adjacent ornear thereto for the accommodationof s u c h o f f i c e r , or for theaccommodation of the servants,w o r k m e n , l abourers , a n i m a l s ,carriages, or things employed byhim during the progress of thework; and

(b) to keep all such animals as may beemployed by him duly tethered andstabled upon any lands near oradjacent thereto, and to continue soto keep the animals on such landsfor such time as may be necessary;

Provided that no such building shall beerected, nor any such animal kept on anyland which is under cultivation or is situatedin any area where there are neighbouringwaste lands or common or abandonedgrounds available for the purpose;

Provided, further, that reasonablecompensation for any damage done to theland shall in all cases be made to the ownerthereof.

55. In the tracing, measuring, making,w o r k i n g , o p e n i n g , a l t e r ing , t u r n i n g ,repairing, clearing, or improving of anyexisting or intended street within anyMunicipality, or building, excavating,repairing, clearing, or improving any bridge,fence, drain, dam, or ditch thereupon or inany way connected therewith, it shall belawful for the proper officer of theMunicipal Council to throw upon any landsadjacent or near to the street such earth,rubbish, or materials as it may be necessaryto remove from the place of any such work.

56. It shall be lawful for the properofficer of any Municipal Council to make atemporary road through the groundsadjacent or near to any existing or intended

street in the Municipality during theexecution of any work thereupon or anywork in any way connected therewith :

Provided that such road shall not bemade over any ground whereon anybuilding stands or over an inclosed gardenor yard.

57. It shall be lawful for the properofficer of any Municipal Council to cut andremove, and place upon any adjacent orneighbouring land, all trees, bushes, orshrubs, and all leaves or branches or rootsof trees that shall grow in or overhang anystreet within the Municipality, or cause anyobstruction therein, and for that purpose toenter upon any land or premises with suchpersons, animals, and instruments as may benecessary, and to proceed to do therein allsuch things as may be necessary for thecutting, lopping, or removing of such trees,bushes, shrubs, leaves, branches, or roots.

58. It shall be lawful for the properofficer of any Municipal Council to put upor make fences, hedges, ditches, drains, orbanks by the side of any street within theMunicipality, whenever to him it shallappear necessary, and the owner or occupierof each land adjoining such fences, hedges,ditches, drains, or banks shall and he ishereby required to keep them in good andsubstantial repair and order.

59. The proper officer of any MunicipalCouncil shall have power to make, scour,cleanse, and keep open all ditches, gutters.drains, or watercourses along any streetwithin the Municipality, and also to makeand lay such drains, watercourses, trunks,tunnels, plats, or bridges, as he may deemnecessary for the protection, preservation,improvement, repair, or construction of anystreet or intended street, in and through anylands or grounds adjoining or lying near tosuch street or intended street.

60. The proper officer of any MunicipalCouncil shall have power to lay any heap ofstone or gravel, or any log of wood, or anyother matter or thing whatsoever, upon anystreet within the Municipality, and to allowsuch matter to remain there during the timesuch street is under repair, and for such timebefore the repairs are commenced and after

Power to cuttrees.

Power to putup fences.

Power to makeand keep openditches, &c.,and to laytrunks, &c.

Power to laystones, &c.

XVIII/16


Power toconstruct andmaintaintramways.

Power to enterinto contractsfor tramways.

Publicvehicularcommunica-tions.

Other powersof a MunicipalCouncil.

the repairs are completed, as may benecessary for facilitating the making of suchrepairs or for preventing damage to suchrecently repaired streets, but he shall takedue and reasonable precaution forpreventing danger or injury to personspassing along such street.

61. Any Municipal Council, with thesanction of the Minister, may, by its ownofficers and servants, construct, maintain,and use, a tramway or tramways within theMunicipality.

62. A Municipal Council, with thesanction of the Minister, may enter into anyagreement or contract with any person,corporation or company for the purpose ofgranting to such person, corporation, orcompany, the right to construct, maintain,and use a tramway or tramways within theMunicipality, upon the terms, for theconsideration, and subject to the conditionsand in the manner mentioned, in suchagreement or contract.

63. A Municipal Council may organizeand maintain, either by itself and its ownofficers, or by agreement with any promoteror promoters in the manner prescribed bysection 62, any form of public vehicularcommunication other than a tramway forthe service of the inhabitants of any areawithin the administrative limits of theCouncil, subject to such prohibition orr e s t r i c t i o n of the o r g a n i z a t i o n andmaintenance of that form of communicationas may be imposed by any other law.

64. It shall be lawful for a MunicipalCouncil, without prejudice to any otherpowers vested in it, to do any of thefollowing acts:—

(1) to water the streets;

(2) t o r e m o v e p r o j e c t i o n s ,encroachments and obstructions inor upon any street subject to theconditions that where the personresponsible therefor is known to theCouncil, such action shall be takenby the Council, only after noticehas been given to him, and he failsto remove such project ions orencroachments or obstructions

w i t h i n such t ime as may bespecified in the notice or with duediligence;

(3) to shut up and secure desertedhouses;

(4) to recover in manner hereinafterprovided the expenses incurred byany action taken under paragraphs(2) and (3) hereof from the personwhose act or neglect shall haverendered such action necessary.

65. A Municipal Council may, at therequest of the owner or owners of any oneor more estates or industrial enterprisessituated within the Municipality, in any casein which the Council is of opinion that thepublic interests would not otherwise justifythe construction or maintenance of a roadin such a locality, contract with such owneror owners for the construction ormaintenance of a road for the service ofthe estate or estates, or the enterpriseor enterprises in question, subject to thepayment of such contribution towards thee x p e n s e s of s u c h c o n s t r u c t i o n ormaintenance as may be approved by theCouncil and subject to the condition that byan appropriate instrument such road isconstituted a public road and is vested inthe Counci l , and all such agreedcontributions shall be deemed to be specialrates imposed upon the lands benefited, andshall be recoverable in the same manner as arate imposed under this Ordinance, and allthe provisions of this Ordinance relating torates shall apply thereto.

66. If any house, building, boundarywall or gateway adjoining any street in anyMunicipality, or anything affixed thereon,be deemed by the Council to be in a ruinousstate, whether dangerous or not, or to belikely to fall, the Council shall immediately,if it appears to be necessary, cause a properhoarding or fence to be put up for theprotection of persons using such street, andshall cause notice in writing to be served onthe owner or occupier forthwith to takedown, secure, or repair such house,building, boundary wall, gateway or thingfixed thereon, as the case may require.

Roads forbenefit ofindividualpropertyowners.

Houses in aruinous anddangerousslate.

XVIII/17


Sate ofmaterials ofruinous houses.

Failure to 67. If any person, on whom a notice iscomply with served by or on behalf of the Council undernotice. section 66, does not begin to comply with

such notice within three days of the servicethereof or does not complete the work withdue diligence, the Council shall cause all orso much of the work as it may deemnecessary to be carried out, and all theexpenses thereby incurred shall be paid bysuch person, and, in case of default, shall berecoverable as hereinafter provided.

68. If any house, building, or wall, orany part thereof be pulled down by or underthe authority of the Council under section67, the Council may sell the materialsthereof, or so much of the materials as mayhave been taken down, and apply theproceeds of such sale in payment of theexpenses incurred, and shall, on demand,pay any surplus arising from such sale to theowner of such house, building, or wall:

Provided always that, in case no demandfor such surplus is made within twelvemonths by any person entitled to make suchdemand, the Council shall be at liberty topay the amount of such surplus to the creditof the Municipal Fund, and shall be freedfrom any liability to pay or answer for or inrespect of such unclaimed surplus;

And provided, further, that the Council,notwithstanding that it may have sold suchmaterials for the purposes aforesaid, shallhave the same remedies for compelling thepayment of so much of the expenses as mayremain due after the application of theproceeds of the sale as by this Ordinance areprovided for compelling the payment of theentirety of the expenses.

69. A Municipal Council may, fromtime to time, cause plans to be preparedshowing by means of lines the limits bywhich any street or proposed street should,in the opinion of the Council, be bounded.When any such plan has been approved bythe Council, the lines therein indicated shall,for the purposes of section 70, be taken tobe the street lines of such street.

Setting back 70. Where any building which, or anyhouses to street part of which, projects beyond the street linelnes has either entirely or in greater part been

Street lines.

taken down, burned down or has fallendown, the Council may require suchbuilding or part, when being rebuilt, to beset back to the street line, and the portion ofland added to the street by so setting backthe building shall thenceforth be deemed tobe part of the street and be vested in theCouncil:

Provided always that the Council shallmake full compensation to the owner of anysuch building for any damage he maythereby sustain.

71. (I) The Minister shall, either by hisown motion or on application made in thatbehalf by a Municipal Council, determinethe name by which any street shall beknown and in like manner at any time alterthe name of any street.

*(3) The Council shall determine thenumber by which any house or tenementshall be distinguished and may alter suchnumber, from time to time, as occasion mayrequire.

(4) It shall be lawful for the Council topaint or otherwise mark or exhibit the nameof any street or the number of any house ortenement on any private property and, fromtime to time, to alter or renew suchinscription of the name or the number, asthe case may be, whenever such name ornumber is altered or the inscription becomesillegible.

(5) Any person who, without theauthority of the Council, destroys, pullsdown, defaces or alters any inscription ofthe name of any street or the number of anyhouse or tenement which has been lawfullyset up by the Council or sets up in any streetany name different from the name lawfullygiven to such street or sets up in any houseor tenement any number other than thenumber lawfully given to such house ortenement, shall be guilty of an offence.

(6) For the purposes of this section andof section 188 ( I ) (d), the word "street"includes any road, footway, or passage usedor intended to be used as a means of accessto two or more houses or sites of houses

Naming ofsireets andnumbering ofhouses.[§ 3. Law 4 of1975.]

* Subsection 2 is repealed by Law No. 4 of 1975.

XVIII/18


whether the public have a right of waythereover or not, and any side-walk, andreservation at the site thereof.

72. (1) All doors, gates, bars, andground floor windows put up on or after the1st day of January, 1897, which open uponany street, shall be hung or placed so as notto open outwards, except when the same arehung or placed in such manner as may beapproved by the Council.

(2) If (except as aforesaid) any suchdoor, gate, bar, or window is hung or placedso as to open outwards on any such street,the owner of the premises to which the sameis attached shall, within eight days afternotice from the Council to that effect, causethe same to be altered so as not to openoutwards; and in case the owner fails orneglects to do so, the Council may causesuch alteration to be made, and theexpenses incurred thereby shall be paid bysuch owner, and, in case of default, shall berecoverable as hereinafter provided.

(3) If any door, gate, bar, or groundfloor window put up before the datespecified in subsection (1) is hung or placedso as to open outwards upon any street, theCouncil may, at its own cost, alter the sameso that no part thereof when open projectsover any such street so as to cause anobstruction.

OBSTRUCTION TO STREETS

73. (1) Whenever it appears to aMunicipal Council that any building,inclosure or obstruction has been raised ormade in any street under the control of theCouncil, or on any waste or other landimmediately adjoining such street andbelonging to the State, it shall be lawful forthe Council by written notice served on theperson claiming to be the owner of thepremises on which such building, inclosure,or obstruction has been raised or made, todemand the production of every deed,document, and instrument upon which suchperson founds such claim.

(2) In any of the following cases, that isto say:—

(a) where the occupier of any premises,not being himself the alleged owner,refuses to give full information

respecting the name and residenceof the alleged owner upon beingrequested so to do by the Council;or

(b) where the alleged owner of anypremises refuses to produce withinten days, after being requested so todo, every deed, document, andinstrument upon which he foundshis claim to the premises and whichis in his possession ; or

(c) where the alleged owner of anypremises, not being in possession ofany such deed, document, orinstrument, refuses to give fullinformation to the Council, uponbeing requested so to do, of thename and residence of the person inwhose possession they are ; or

(d) where any person having in hispossession any such deed,document, or instrument refuses toproduce it within ten days afterhaving been requested so to do inwriting by the Council,

every such occupier, alleged owner, orperson so refusing shall be guilty of anoffence and shall be liable on conviction toa fine not exceeding fifty rupees.

74. (1) Every deed, document, orinstrument the production of which isdemanded by the Council under section 73shall be produced on the premises to whichit relates, or at such other place as theCouncil may require; and the power givenby that section to demand the productionthereof, shall be deemed to include thepower to make such examination and copiesof such deeds, documents, and instrumentsas may be necessary.

(2) Every person refusing or failing topermit the Council or any person authorizedby the Council to examine any deed,document, or instrument or to take copiesthereof, shall be guilty of an offence andshall be liable on conviction to a fine notexceeding fifty rupees.

Demand ofproductionof deedsto includepower ofexamination.

Doors, &c.,not to openoutwards.

Power todemandproduction oftille deeds.

xvIII/19

Cap.576] MUNICIPAL COUNCILSPower to makesurvey ofpremises.

Proof of rightto apparentencroachmentto rest uponthe owner.

75. In any case referred to in section73 (1), it shall be lawful for any personauthorized in that behalf by the Council tomake such survey of the premises, on whichthe building, inclosure, or obstruction hasbeen raised or made, as may be necessary toenable the Council to ascertain whether anencroachment has been made thereby uponany street or on any State land adjoining astreet, and for the purposes of such survey,to enter upon such premises and upon anyother premises whatsoever which it may inhis opinion be necessary to enter.

76. (1) Whenever it appears to theCouncil that the line of any street under thecontrol of the Council has been alteredwithout proper authority, or has beenstopped up, or obstructed or encroachedupon, the Council shall give notice inwriting to the occupier of the land from offwhich the street is alleged or suspected tohave been turned, or upon which suchstoppage or obstruction or encroachment isalleged or suspected to have been made, thata survey of the premises has been made byor by the direction of the Council, and isopen to the inspection of such occupier at aplace to be mentioned in the notice, andthat unless within one month from theservice of the notice he, or the person underwhom he holds, takes legal proceedings forestablishing his title to such land, and forpreventing the removal of any suchobstruction or encroachment, the Councilwill proceed with the removal thereof inmanner provided by section 77.

(2) If no legal proceedings are takenwithin the time specified in subsection (1) orbeing taken are not duly prosecuted, it shallbe the duty of the Council to cause anysuch obstruction or encroachment to beforthwith removed as provided by section77.

(3) Where legal proceedings are taken, itshall be incumbent on the party claiming tobe the owner of the land from off which theline of any street is alleged to have beenaltered or turned, or upon which thestoppage or obstruction or encroachment isalleged to have been made, to prove his titleto such land.

77. (1) It shall be lawful for the Removal ofCouncil, through any person authorized by obstructions or

_ . , . , , , 1 , - - , encroachments.the Council in that behalf, to give orderverbally or by notice in writing, to anyperson obstructing or encroaching uponany street under control of the Council,f o r t h w i t h to r e m o v e or abate theobstruction or encroachment; and if anyperson to whom such order is given refusesor neglects to comply therewith within areasonable time, or, if there be any doubt asto who is the proper person to whom suchorder should be given, after such notice hasbeen fixed for a reasonable time to suchobstruction or encroachment, it shall bel a w f u l for the Counci l to cause anysuch obstruction or encroachment to beforthwith removed or abated.

(2) For the purpose of removing orabating any obstruction or encroachmentunder subsection (1), it shall be lawful forthe Council or any person authorized bythe Council to enter any house, garden,inclosure or other premises, together withsuch persons and with such implements andmaterials as may be necessary, and toproceed to do or take therein or cause to bedone or taken all such acts or measures asmay be necessary for such removal orabatement.

(3) The costs incurred in the removalor a b a t e m e n t of any o b s t r u c t i o n orencroachment under this section by orunder the authority of the Council shall bepayable by the person whose failure tocomply with the order under subsection (1)caused such costs to be incurred ; and suchcosts, where they are not paid by suchperson on demand, shall be certified by theCouncil to the Magistrate's Court havingjurisdiction over the area where such personresides and shall be recovered by that courtin like manner as a fine imposed by thecourt. All moneys so recovered shall be paidby the court into the Municipal Fund.

(4) Where the removal or abatement ofany obstruction or encroachment is effectedafter the due production of all deeds,documents, and instruments affecting thetitle to such premises, and such premises arenevertheless adjudged to be the property ofthe party laying claim to the same, suchparty shall be entitled to compensation from

XVIII/20


Destroyingmilestone,bridge, &c.

the Council for all loss and injuryoccasioned thereby; but if the partyclaiming to be the owner of such premisesshall refuse or neglect to produce all suchdeeds, documents, and instruments, or ifsuch deeds, documents, and instrumentsshall not be produced within ten days afterapplication in that behalf, and the Councilshall nevertheless have caused the removalof s u c h b u i l d i n g , i n c l o s u r e , orencroachment, then, in the event of suchpremises being adjudged to be the propertyof the party claiming to be the ownerthereof, such party shall not be entitled toany compensation for any loss or injuryoccasioned thereby.

INJURIES TO STREETS, &C.

78. Every person who—

(1) wilfully or negligently destroys, pullsup, defaces, throws down, breaks,or injures any milestone, mile-post,demarcation stone, demarcationpost, lamp-post, or direction post,or any bridge, culvert, parapet,arch, wall, dam, drain, sluice, lock,bank, abutment, mound, prop,post, lamp, railing, chain, or fencebelonging to any street or erected ator near any pit or quarry opened orused for getting road materials ; or

(2) wilfully and unnecessarily removesany fence, post, stone, log, or otherthing laid or erected by thedirection of any competentauthority on or in any street, for thetemporary prevention of the usethereof, or for preventing danger orinjury to persons passing along thesame whilst undergoing repair ; or

(3) without the permission of acompetent authority, gathers orheaps up, or takes away, anystones, gravel, sand, or othermaterial, or any slutch, dirt, drift,or soil from any street; or

(4) leads or drives any elephant, ox,horse, pig, or other animal or anyvehicle from or off or on or intoany street in such manner as to

cause injury to the street or shallsuffer any such animal to damagethe street; or

(5) being the owner or occupier of anyland contiguous to any street,suffers the passage through or intohis land of the water from suchstreet, or from any ditch or drainleading therefrom, to be obstructed,or suffers any water, filth, or othersubstance or thing to flow or runfrom such land or house into orupon any such street, or suffers anyaccumulation of dirt or rubbish inany drain opposite to his house orland to impede the flow of water;or

(6) without the previous consent of theCouncil, by any act on his landinterferes with the free passage ofwater along or from any drain orculvert of any street; or

(7) hauls or draws upon any street anytimber, stone, or other thingotherwise than upon a wheeledcarriage, or suffers any timber,stone, or other thing carriedprincipally or in part upon awheeled carriage to drag or trailupon such street to the damagethereof; or

(8) makes or causes to be made anydam, ditch, drain, or watercourseupon or across, or otherwise breaksup, or injures, the surface of anystreet; or

(9) erects, sets up, lays down, orconstructs, either permanently ortemporarily in, along, under, or overany street, any post, pillar, lamp,wire, pipe, rails, or other plant,material, or works, without thepermiss ion of the Council , oro the rwise than in accordancewith the terms and conditions ofsuch permission; or

(10) attaches additions to his house soas to project over the outer edge ofthe side drain of any street, or bymeans of temporary supports or

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Using newstreet forcertain timeafter making.

Owner oroccupier boundto have a.bridge, &c.,over drainleading to hishouse.

Allowing treesto grow in sucha way as loinjure streets.

otherwise exposes goods or waresof any description over any portionof a street or its side drain, or bycausing carts to be loaded orunloaded in front of his dwelling inany way injures the side drain,

shall be guilty of an offence and shall beliable on conviction to a fine not exceedingfifty rupees, and, in case of a continuingoffence, to an additional fine not exceedingtwenty-five rupees for each day duringwhich such offence is continued after aconviction thereof.

79. Upon the construction of a newstreet or upon the execution of any repair toany existing street under the control of aMunicipal Council, it shall be lawful for theCouncil, by notice exhibited upon or so asto be visible from the street, to prohibit theriding or driving of any animal or vehicleon the street for a specified period notexceeding one month after the completionof the work of construction or repair; andevery person doing any act in contraventionof such notice shall be guilty of an offenceand shall be liable on conviction to a finenot exceeding fifty rupees.

80. If the owner or occupier of anyhouse or premises adjoining any street, bythe side of which a drain has been made orexcavated, requires means of access to suchhouse or premises from such street, he shallbe bound to place over the drain, to thesatisfaction of the Council, a bridge,platform, or arch, which shall in no casecover less than three feet of the length ofsuch drain; and it shall be lawful for theCouncil on being satisfied that any personhas access from such street to any house orpremises so situated and that such bridge,platform, or arch should be provided, to callupon the owner or occupant of the house orpremises forthwith to construct such bridge,platform or arch, and if he fails to do sowithin a reasonable time, to cause the workto be done, and to recover the cost thereofin the manner provided in section 77 for therecovery of the costs therein mentioned.

81. Any person who allows any tree,upon any premises of which he is the owneror of which he is in occupation, to grow insuch a way as to cause injury to any street,

after the service of a notice upon him by theCouncil calling upon him to take thenecessary measures to abate such injury,and after the expiration of such reasonabletime as may be specified in the notice for thepurpose, shall be guilty of an offence andshall be liable on conviction to a fine notexceeding fifty rupees, and in any such casethe Magistrate before whom the offender isconvicted may, in default of the necessarymeasures being taken by the offender, directthat such measures shall be taken by theCouncil, and that the costs thereof shall berecovered in the manner provided in section77 for the recovery of the costs thereinmentioned.

82. (1) It shall be the duty of everyperson who proposes to undertake any suchoperations for clearing, draining, or openingup any land in the vicinity of any street asare likely to cause injury to the street, or toimpair the condition thereof by reason ofany outflow or increased outflow of wateror silt—

(a) to give notice in writing to theCouncil of his proposedoperations; and

(b) in addition to such measures as maybe taken by the Council to take athis own expense all such measuresas may be reasonably necessary toprevent such injury to or suchimpairment of the condition of suchstreet.

(2) Any person who undertakes any ofthe operations referred to in subsection (1)without giving the notice required by thatsubsection, or who otherwise makes defaultin complying with the requirements thereof,shall be responsible for any damageoccasioned by such operations and for anyexpenses incurred by the Council for thepurpose of preventing or remedying anydamage tha t may be occasioned orapprehended in consequence of suchoperations, and the amount of any suchdamage or expenses may be recovered in themanner provided in section 77 for therecovery of the costs therein mentioned.

Damage tostreet throughclearing,draining oropening upneighbouringland-

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NUISANCES ON STREETS, &c.

83. (1) Every person who, within aMunicipality, turns loose or suffers to beturned loose any elephant, ox, buffalo,horse, sheep, goat, or other animal on to orinto any street, or so that it makes its wayon to or into any street, or ties or tethers orsuffers to be tied or tethered any animal ofany description in any manner whichpermits it to make its way on to or into anystreet, unless such animal is so tied ortethered during the time required forloading or unloading it, or for the loadingor unloading of any cart or boat to which itmay belong, shall be guilty of an offenceand shall be liable on conviction to a finenot exceeding fifty rupees;

Provided that where any such animal isfound on or in any street or tied or tetheredin such a way that it can make its way on toor into any street such animal shall bedeemed to have been turned loose orsuffered to be turned loose or to have beentied or tethered, or suffered to be tied ortethered, as the case may be, by the ownerthereof unless he satisfies the court to thecontrary.

(2) The owner of any pig found tied,straying, burrowing, or wallowing in anystreet or canal within a Municipality shallbe guilty of an offence any shall be liable onconviction to a fine not exceeding fiftyrupees; and it shall be lawful for any personto seize or shoot or otherwise destroy anypig that he may find tied, straying,burrowing, or wallowing in any such streetor canal; and such person may, if hechoose, take such pig to any peace or policeofficer of the area in which the offence wascommitted and such officer shall forthwithsell the pig and pay the proceeds of suchsale to such person.

(3) Every person who, within aMunicipality—

(a) hangs up or otherwise exposes anymats, clothes, or any substances ofany nature whatever on or at theside of any street in a mannercalculated to obstruct the use of thestreet;

(b) leaves or permits to be left, on anystreet any cart or other carriage,without the oxen, horses, or otheranimal being yoked or harnessedthereto, unless such cart or carriagehas a c c i d e n t a l l y b roken downthere, and, in case of such accident,for a longer time than may benecessary for its removal;

(c) suffers any vehicle to remain in anystreet between a quarter of an hourafter sunset and a quarter of anhour before sunrise without havingattached thereto the lights requiredby the Vehicles Ordinance or theMotor Traffic Act;

(d) leaves any boat or raft in any canalin such a way as to obstruct the useof such canal;

(e) lays or throws any stones, bricks,raft, timber, sand, lime, dung,straw, rubbish, or scourings of anyditch or drain, or other article orthing, on or in any street, river, orcanal, and allows such article orthing to remain there, except forsuch period as may be absolutelynecessary for the removal thereof;

(f) leads or drives on any street any cartor other carriage with timber,boards, iron, or other goods so thateither end of any such goodsprojects beyond the wheels or sidesthereof;

(g) encroaches on any street by makingor causing to be made any building,platform, bridge, ditch or fence, orother obstruction upon or in anystreet;

(h) after having blocked or stopped anycart or other carriage in going up ordown any hill or rising ground,causes or suffers to be or to remainon any road the stone, timber, orother thing with which such cart orother carriage may have beenblocked or stopped ; or

Offences.

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Seizure of straycattle.

(f) in any manner wilfully prevents anyother person, or any carriage, boat,raft, or other conveyance under hiscare, from passing along any street,

shall be guilty of an offence and shall beliable on conviction to a fine not exceedingfifty rupees, and, in case of a continuingoffence, to an additional fine not exceedingtwenty-five rupees for each day duringwhich such offence is continued after aconviction thereof.

(4) Every person who, within aMunicipality, places or continues any kraalor fence or any other obstruction in anycanal or river so as to impede or in any wayinterfere with the convenient navigationthereof, shall be guilty of an offence andshall be liable on conviction to a fine notexceeding fifty rupees. It shall be lawful forthe Council to cause any such kraal, fenceor obstruction so placed or continued to bepulled up or otherwise destroyed, and torecover the costs thereof in the mannerprovided in section 77 for the recovery ofthe costs therein mentioned.

84. (I) It shall be lawful for any personauthorized thereto by the Council to seizeany ox, buffalo, horse, sheep, goat or pigwhich he may find tied, tethered, or strayingon or about any street within theMunicipality, unless such animal belongs toany cart or boat to which it is tied ortethered whilst the cart or boat is beingloaded or unloaded, and to place everyanimal so seized in the pound established bythe Council for the purpose.

(2) No animal seized under subsection(1) shall be delivered to the owner thereofunless upon payment of the sum of onerupee, or such other sum as the Councilmay by resolution fix, from time to time, forthe use of the person by whom the animalmay have been seized, and of a further sumof thirty cents, or such other sum as theCouncil may by resolution fix, from time totime, for each day during which the animalmay have been kept in the pound.

(3) If no person claims any animalplaced in the pound or pays the duesrequired by subsection (2) within ten daysafter the seizure of the animal, it shall be

lawful for the Council to sell it by publicauction, and after payment of two rupees,or such other sum as the Council may byresolution fix, from time to time, to theperson by whom the animal was seized andof a further sum of fifteen cents, or suchother sum as the Council may by resolutionfix, from time to time, for each day duringwhich the animal may have been kept andmaintained in the pound, to pay anybalance of the proceeds of such sale into theMunicipal Fund, and if such balance is notclaimed and the payment thereof is notobtained by any person entitled theretowithin a period of one year from the date ofthe sale, to pay such balance into theMunicipal Fund.

(4) The provisions of this section shallhave effect in every Municipalitynotwithstanding anything contained in theAnimals Act.

85. Any person who removes anyanimal from the lawful custody of anyperson authorized to seize it under section84, or under subsection (2) of section 83, orwho in any way molests or obstructs suchperson in the exercise or discharge of hispowers or duties shall be guilty of anoffence, and shall be liable on conviction toa fine not exceeding fifty rupees.

SPECIAL USER OF STREETS

86. Any Municipal Council may, fromtime to time, and either independently or incombination with any other MunicipalCouncil, subject to the terms of any specialenactment in that behalf, enter intoagreement with any person or body ofpersons or any local authority constitutedby law (hereinafter referred to as " thepromoters "), to authorize such promoters,for the purpose of any system of tramways,of any supply of gas, electrical energy,water, or other public service, or any privateenterprise or object, to make such user ofstreets under the control of a Council, andto execute all such works and to set up or tomaintain all such erections or plant thereonor therein as may in the opinion of theCouncil be necessary for the purpose of theeffective establishment or maintenance orthe modification or development of suchpublic service or such enterprise or object.

Interferencewith cattleseizers or pigseizers.

Power ofCouncil toauthorize theuser of streetsfor specialpurposes.

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87. (1) For the purpose of anyagreement referred to in section 86, and forthe purpose of securing the observance ofthe respective rights and obligations of thepublic, the Municipal Council and thepromoters in connexion with any public (d)service or any private enterprise or object towhich the agreement relates, the Council(except in so far as provision is made by anyspecial enactment in that behalf) may makerules—

plant or apparatus which they maybe authorized to remove, alter or tointerfere with in pursuance of suchrules;

requiring the promoters to removeand carry away all rubbishoccasioned by their operations, andto cause proper precaution to betaken for the safety of the public inconnexion therewith;

Rules.

(a) authorizing the promoters and theiragents, servants or workmen, or theagents, servants, or workmen of theCouncil subject to such conditionsas may be prescribed in the rules—

(i) to break up the soil, metal, andpavement of any street vestedin the Council;

(ii) to open and break up anysewers, drains, or tunnelswithin or under such streets;

(iii) to erect, set up, or lay down,e i t h e r p e r m a n e n t l y ortemporarily in, along, under,or over such street, any post,pillar, lamp, wire, pipe, railsor other plants, material, orworks;

(iv) to alter the position of anypublic line, wire, or otherapparatus or plant in or aboutsuch street for the purpose ofany other public service;

(b) requiring the promoters to do aslittle damage as may be in theexecution of the powers granted bythe said rules, and to make anycompensation for any damagewhich may be done in the executionof such powers;

(c) requiring the promoters to completeany work which they may beauthorized to execute under suchrules with all convenient speed, andto reconstruct, repair or restore anystreet, sewer, drain, tunnel, or any

(c) prohibiting any interference with orobstructions to any operationsauthorized by any rule under thissection.

(2) No rule under this section shallauthorize or empower any entry to be made,any material or plant to be erected ordeposited, or any work to be executed uponany building or land which is not vested inthe Council, without the consent of theowners and occupiers thereof first had andobtained.

(3) Any rule made by a MunicipalCouncil under this section may, from timeto time, be amended, varied or rescinded bythe Council.

88. (1) Where it appears to any ExpensesMunicipal Council that, having regard to caused by. , . . • . extraordinarythe average expense ot maintaining streets traffic

in the neighbourhood, extraordinaryexpenses have been incurred by the Councilin maintaining any street of which it hascontrol, by reason of the damage caused orlikely to be caused by the carriage of anyexcessive weight or the passing ofextraordinary traffic thereon, the Councilshall be entitled to recover from any personby whose order or in consequence of whoseorder, such weight or traffic was carried orcaused, the amount of such expenses as maybe proved to the satisfaction of a competentcourt to have been incurred by the Councilby reason of the damage arising or likelyto arise f rom such excessive weight orextraordinary traffic, or, where more thanone person is responsible for such excessiveweight or extraordinary traffic, may recoverfrom each of such persons such proportionof the amount of the expenses so incurred asin the opinion of the court may fairly beassigned to him.

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(2) Any person against whom expensesare or may be recoverable by a MunicipalCouncil under this section may enter intoagreement with the Council for makingpayment to the Council by way ofcomposition in respect of such weight ortraffic and, where payment is made inaccordance with such agreement, noproceedings under this section shall beinstituted or maintained against suchperson,

(3) Proceedings for the recovery of anyexpenses under this section shall becommenced within twelve months from thetime at which such expenses were incurred,or where any expenses incurred are theconsequence of any particular contract orwork extending over a long period, shall becommenced not later than six months afterthe completion of the contract or work.

(4) All sums paid to, or recovered by,the Council under this section shall be paidby the Council into the Municipal Fund.

POWERS, DUTIES, AND RESPONSIBILITIESOF OFFICERS, &c.

89. In respect of all streets within thelimits of a Municipality, the Mayor of theCouncil and all persons authorized inwriting by him in that behalf, shall and mayby themselves, their servants, workmen, andlabourers, exercise the several powers andauthorities conferred by this Part on officersin charge of works to which this Part isapplicable.

90. If any plan or survey made by or bythe direction of a Municipal Council or theMayor of the Council or any authority ofwhich the Council is a successor, isproduced in evidence in any proceedingunder this Part, such plan or survey shall bedeemed and taken to be conclusive proof ofthe facts exhibited thereof, in so far as theclaim of the Council is concerned, unless thecontrary is established by the partycontesting such claim.

91. Every person who sustains any lossor damage by reason of the exercise, by orby the authority of the Mayor of aMunicipal Council, of any of the powers orauthorities conferred by this Part upon

officers in charge of works to which it isapplicable, shall, (except where the loss ordamage is incurred through the act, defaultor neglect of such person), be entitled toreceive compensation for such loss ordamage, if he makes application in thatbehalf to the Council at any time before theexpiration of three months after the claimfor compensation has arisen. Where anysuch person fails to make such applicationwithin the aforesaid period, his claim tocompensation for the alleged loss or damageshall be disallowed, and he shall be barredfrom recovering such compensation.

92. Where, for any reason, the amount Arbitration.of any compensation payable under section91 is not agreed upon between theMunicipal Council and the claimant, suchamount may be determined by twoarbitrators of whom one shall be nominatedby the Council and the other by theclaimant. If the two arbitrators cannotagree, they shall appoint an umpire and theaward of the arbitrators or the umpire, asthe case may be, given in terms of thereference agreed to by the Council and theclaimant, shall be final.

93. If any officer of a Municipal Councilin charge of any work on any street or anyperson engaged upon any street inpursuance of any contract with any suchCouncil, lays or causes to be laid any heapof stones, gravel, rubbish, or other matterwhatsoever upon the street, and allows suchheap to remain there at night to the dangeror personal damage of any person passingalong the street (all due and reasonableprecautions not having been taken by himto prevent any such danger or damage),such officer or person shall be guilty of anoffence and shall be liable on conviction toa fine not exceeding fifty rupees.

94. Save as in section 93 provided,nothing contained in this Part shall renderany officer of a Municipal Council in chargeof any work on any street, or any contractorunder the Council, liable to any prosecutionor fine under this Part for any act done bysuch officer in the discharge of the duties ofhis office, or by such contractor in thenecessary execution or performance of hiscontract.

Officers andcontractorsleaving stones,&c., on streetsat night.

Road officeror roadcontractor notto be liable to afine except incertain cases.

Powersconferred onofficers incharge ofpublic worksby whom tobe exercised.

Survey byproper officerto beconclusiveevidence.

Compensationfor injury toproperty byauthorizedofficers.

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95. It shall be the duty of all officers ofthe police force to aid and assist in theprevention of all offences against this Partwithin the areas in which they areappointed.

PART VI

POWERS AND DUTIES AS TO PUBLICHEALTH

PUBLIC HEALTH

96. Subject to the powers andresponsibilities by law committed to anyother authority, the Municipal Council ofeach Municipality shall be the generaladministrative authority for the purpose ofpromoting and securing the public healthwithin the Municipality, and shall for thatpurpose be entitled to exercise all suchpowers as are vested in it by this Ordinance,the Nuisances Ordinance, the Housing andTown Improvement Ordinance, and anyother written law for the time being in forcein that behalf.

DRAINAGE

97. The Government or any MunicipalCouncil may, from time to time, cause to bemade, altered, or extended such public mainor other drains, sewers and watercourses asmay appear to be necessary for the effectualdraining of the Municipality, and, ifnecessary, the Government or the Councilmay carry them through, across, or underany street or any place laid out as orintended for a street, or any cellar or vaultwhich is under any of the streets, and (afterreasonable notice in writ ing in that behalf)into, through, or under any enclosed orother lands whatsoever, doing as littledamage as may be and making fullcompensation for any damage done.

98. (1) Every Municipal Council shallmaintain and, from time to time, repair andas it sees fit, enlarge, alter, arch over orotherwise improve all or any of the publicdrains, culverts, gutters, and watercourses,and may discontinue, close up, or destroysuch of them ay it may deem useless orunnecessary, but so that no nuisance iscreated by such act.

(2) W h e r e , b y r e a s o n o f t h ediscontinuance, closing up, destruction or

alteration of any drain, culvert, gutter orwatercourse, any person is deprived of thelawful use thereof, the Council shall withdue diligence provide an effective substitutetherefor.

99. (I) The Council may cause suchpipes and fittings as it may deem necessaryfor the proper ventilation of public drains tobe fixed to the outside of any building.

(2) Such pipes and fittings shall be soconstructed and fixed as to occasion theleast possible inconvenience in theneighbourhood. The outlet of every suchpipe shall be at least two feet above theeaves of the building to which it is affixedand at least ten feet distant from anywindow.

100. (1) Every Municipal Council shallcause all public drains, culverts, gutters,and watercourses to be so constructed,maintained, and kept as not to be anuisance or injurious to health, and to beproperly cleared, cleansed,, and emptied;and for the purpose of maintaining,flushing, trenching, and emptying the same,the Council may construct and place, eitherabove or underground, such reservoirs,sluices, engines and other works as may benecessary.

(2) The Council may, with the sanctionof the Minister, cause all or any of suchdrains, culverts, gutters, and watercourses tocommunicate with and be emptied into thesea or other fit place; or may cause therefuse from the same to be conveyed by aproper channel to the most convenient sitefor its deposit, and may sell or otherwisedispose of the said refuse for anyagricultural or other purpose as may bedeemed most expedient, but so that it shallnot become a nuisance.

101. Whenever a Municipal Council hasby a resolution determined that any naturalwatercourse, channel, lake, swamp or anypart thereof into which rain water ordrainage has theretofore discharged shallremain open for the reception of such rainwater or drainage, any person who, afterreceiving a written notice of the resolutionfrom the Council, fills up or permits toremain filled up any such watercourse,

Power to affixto buildingspipes forventilationof drains.

Cleansing andemptying ofdrains.

Obstruction ofdischarge ofrain water anddrainage.

Police officersto enforceprovisions ofthis Part.

MunicipalCouncil to begeneral publichealthauthority.

Government orCouncils tomake publicdrains.

Duty ofCouncil torepair, alter,anddiscontinuedrains.

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Obstruction ofdrains andwater-courses.

Connection ofdrain with anypublic drainwithoutauthority.

channel, lake or swamp in such a manner asto obstruct or interfere with the free flow ofsuch rain water or drainage, shall be guiltyof an offence and shall be liable onconviction to a fine not exceeding fiftyrupees and, in case of a continuing offence,to an additional fine not exceeding twenty-five rupees for each day during which theoffence is continued after a convictionthereof:

Provided that—

(a) such natural watercourse, channel,lake or swamp may be filled up ifthe owner thereof first providessuch other channel or drain, asmay, in the opinion of the Mayor,be sufficient and suitable for thereception and conveyance of suchrain water or drainage ; and

(b) the Council may contribute in partor in whole to the cost of providingsuch other channel or drain.

102. Every person who fills up orotherwise obstructs or interferes with thefree flow in, any public drain or watercourse(whether the same be within any privatepremises or not) shall be guilty of an offenceand shall be liable on conviction to a finenot exceeding fifty rupees, and, in case of acontinuing offence, to an additional fine notexceeding ten rupees for each day duringwhich the offence is continued after aconviction thereof.

103. (1) Every person who, without thewritten consent of the Council firstobtained, connects or causes to beconnected any drain directly or indirectlywith any public drain or watercourse shallbe guilty of an offence and shall be liable onconviction to a fine not exceeding onehundred rupees, and, in the case of acontinuing offence, to an additional fine notexceeding twenty-five rupees for each dayduring which the offence is continued after aconviction thereof.

(2) The Council may cause any drainwhich is connected with any such publicdrain or watercourse without its consent orotherwise than in accordance with theprovisions of this Ordinance or of any

by-laws for the time being in force to bedemolished, altered or otherwise broughtinto conformity with such provisions; andall the expenses incurred thereby shall bepaid by the person who connected or causedsuch drain to be connected, and, in case ofdefault, shall be recoverable as hereinafterprovided.

104. (1) Every person who erects orconstructs or causes to be erected or

Erection ofbui ld ing overpublic drains,&c.constructed any building or works over any

public drain, culvert, gutter, or watercoursewithout the written consent of the Councilfirst obtained shall be guilty of an offenceand shall be liable on conviction to a finenot exceeding one hundred rupees, and, incase of a continuing offence, to anadditional fine not exceeding twenty-fiverupees for each day during which theoffence is continued after a convictionthereof.

(2) The Council may cause any buildingor work referred to in subsection ( I ) whichis erected or constructed without its consentor otherwise than in accordance with theprovisions of this Ordinance or of any by-laws for the time being in force to bedemolished, altered or otherwise broughtinto conformity with such provisions; andthe expenses thereby incurred shall be paidby the person who erected or constructed orcaused the erection or construction of suchbuilding or work, and in case of default,shall be recoverable as hereinafter provided.

105. (1) All works connected with— Construction,&c., of privatedrains.

(a) the construction, fixing or alterationof any drain or drainage appliance ;or

(b) the connection of any drain with anypublic drain,

shall be carried out either by an officer ofthe Council or by a person licensed in thatbehalf by the Council at the cost and chargeof the owners of the premises drained, andin accordance with the provisions of this

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Ordinance or of any by-laws for the timebeing in force:

Provided that the preceding provisions ofthis subsection shall not apply in the caseof-

(i) any public drain or any applianceconnected therewith; or

(ii) any drain situated solely on privatepremises and not being anunderground drain or a drainconnected to an underground drain.

(2) Every person who, not being anofficer of the Council or a person licensedby the Council, carries out any workreferred to in subsection (1) shall be guiltyof an offence and shall be liable onconviction to a fine not exceeding onehundred rupees.

(3) Where any work referred to insubsection (1) is carried out by any person(other than an officer of the Council or aperson licensed by the Council) or otherwisethan in accordance with the provisions ofthis Ordinance or of any by-laws for thetime being in force, the Council may causesuch work to be demolished, altered orotherwise brought into conformity withsuch provisions and the expenses therebyincurred shall, except in any case where thework was carried out by an officer of theCouncil, be paid by the owner of thepremises on which the work was carried outand, in case of default, shall be recoverableas hereinafter provided.

(4) Any work carried out under theprovisions of this section shall be open, atall reasonable times, to the inspection of theofficers of the Council.

106. (1) Every person who erects orcauses to be erected any new building, orrebuilds or causes to be rebuilt any building,shall cause such building to be providedwith such drains and appliances as may inthe opinion of the Council be necessary forthe drainage of such building, and for thecollection and removal of any sullage, foulliquids, rain water, or faecal matter

therefrom in accordance with the provisionsof this Ordinance and any by-laws for thetime being in force.

(2) Every person who fails or neglects toprovide such drains or appliances asaforesaid shall be guilty of an offence andshall be liable on conviction to a fine notexceeding two hundred and fifty rupees.

107. (1) Where any premises are withinone hundred feet of any public drain orother fit place into which drains maylawfully be discharged, the Council may, bynotice in writing, served on the owner ofsuch premises, require such owner withinsuch time as may be specified in the notice,to provide and execute to the satisfaction ofthe Council, in accordance with any by-lawsfor the time being in force, all or any of thefollowing works that the Council may deemnecessary for the effectual drainage of suchpremises, that is to say:—

(a) to provide and construct suchchannels, drains, gullies, manholes,and appliances as may be necessaryfor the removal and discharge intosuch drain or other fit place ofsullage, foul liquids and rain water;

(b) where a sufficient water supply isavailable, to provide and constructsufficient and suitable water-closetsor additional water-closets anddrains and other appliances inconnec t ion t h e r e w i t h , and toconvert any earth closet, privy,cesspit, closet, or other latrine intoa water-closet, or abolish any suchearth closet, privy, cesspit, closet orother latrine;

(c) to reconstruct, take up, and removeor fill up any existing drain orappliance (other than any drain orappliance that has been laid withthe sanction of the Council for thedrainage of such premises on thewater carriage system) that may be,in the opinion of the Council,unnecessary or insanitary.

(2) Every owner who fails or neglects tocomply with the requirements of any noticeserved on him under subsection (1) within

Drainage ofpremises withinone hundredfeet of publicdrains.

Drains in newbuildings.

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Drainage ofpremises inother cases.

Drainage incombinat ion ,

the time specified in the notice shall beguilty of an offence and shall be liable onconviction to a fine not exceeding onehundred rupees.

108. (1) In the case of any premiseswhich are more than one hundred feet, butless than two hundred feet, from any publicdrain or other fit place into which drainsmay lawfully be discharged, the Councilmay, by notice in writing served on theowner of such premises, require such ownerwithin such time as may be specified in thenotice, to provide and execute, inaccordance with any by-laws for the timebeing in force, all or any of the worksreferred to in section 107.

(2) If in the opinion of the Council thereis no suitable public drain or other fit placeinto which drains may lawfully bedischarged within a reasonable distance ofsuch premises, the Council may, by noticein wri t ing served on the owner of suchpremises require the said owner, within suchtime as may be specified in the said notice,to provide and execute such other worksand undertake such other measures as mayin the opinion of the Council be best ornecessary for the proper collection anddisposal of the sullage and foul liquids, andthe removal of faecal matter from suchpremises.

(3) Every owner who fails or neglects tocomply with the requirements of any noticeserved on him under subsection ( I ) orsubsection (2) within the time specified inthe notice shall be guilty of an offence andshall be liable on conviction to a fine notexceeding fifty rupees.

109. ( I ) Where it appears to theCouncil to be more economical or otherwisemore advantageous that the drainage of agroup of premises, whether contiguous orotherwise, should be undertaken as a wholerather than separately, the Council maycause to have drawn up a scheme for thedrainage of such group of premises inaccordance with the following provisions.

(2) In every such case the Council shallcause to be prepared—

(a) plans showing the premises affected,and the nature and extent of thenecessary works;

(b) a schedule of the premises and thenames of the owners thereof as faras can be ascertained ;

(c) an estimate of the cost of the workthat is, in the opinion of theCouncil, necessary for carrying suchscheme into effect;

(d) a provisional apportionment of suchcost amongst the owners affected insuch proportion as may seem to theCouncil to be most equitable havingregard to the greater or less degreeof benefit to be derived by thepremises from any work soundertaken.

(3) The Council shall cause writtennotice in Sinhala, Tamil and English to begiven to the owners of all the premises to bedrained of the intention to cause theproposed works to be done in accordancewith the provisions of this section, either byserving it upon them personally, or byleaving it at their respective residences orplaces of business, or by posting registeredletters addressed to them at such residencesor places of business.

(4) During one month from the date ofservice of such notice the above-mentionedparticulars or certified copies thereof shallbe kept deposited at the Municipal officeand shall be open to inspection at allreasonable times.

(5) During the said month the owner ofany such premises may, by written noticeserved on the Council, object to theproposals on any of the following grounds,that is to say ;—

(a) that the proposed works areinsufficient or unnecessary or arenot required in pursuance of thisOrdinance;

(b) that the estimated cost of the work isexcessive;

(c) that the provisional apportionmentof such cost is incorrect in somematter of fact to be specified in theobjection;

(d) that any premises should beexcluded from or included in theproposals ;

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(e) that there has been some materialinformality, defect, or error inrespect of the notices, plans, orestimates;

(f) that any compensation to be paid isexcessive or insufficient. .

(6) The Council shall consider anddetermine the objections, and its decisionsthereon shall be final.

(7) In any case where no such objectionshave been raised or in any case where suchobjections have been raised and have beendetermined by the Council, the Council maygive orders for the drainage of the premisesin accordance with the scheme, and if itconsiders expedient may—

(a) proceed to execute, by contract orotherwise, all or any of the worknecessary for carrying into effectthe scheme mentioned in subsection(1) of this section ; or

(b) by notice in writing, require all orany of the owners to provide andexecute, within such time as may bespecified in the notice, all or any ofthe works that may be required tobe done in or exclusively for thedrainage of the premises.

(8) The Council may recover in equalproportions from the owners of all or any ofthe premises included in any schemeprepared under this section a reasonablesum as expenses for surveys and thepreparation of plans.

(9) When the Council has completed theexecution of any works under this sectionand the expenses thereof have beenascertained, a final apportionment shall bemade in similar manner to the provisionalapportionment, and the expenses recoveredaccordingly as herein provided.

(10) The cost of the maintenance of thesystem of drainage made under such schemeas aforesaid shall be borne equally by theowners of the premises affected by suchscheme.

(11) Every owner who fails or neglectsto comply with the requirements of anynotice served on him under subsection (7)(6) within the time specified in the noticeshall be guilty of an offence and shall beliable on conviction to a fine not exceedingfifty rupees.

110. (1) When it appears to theCouncil that the only or the best practicablemeans by which a drain required for thedrainage of any premises can be emptiedinto any drain or other fit place into whichdrains may lawfully be discharged is bycarrying the same into, through, or underany land belonging to some person otherthan the owner of the said premises, theCouncil, after giving the owner of the saidland a reasonable opportunity of stating anyobjection, may, if no objection is raised, orif any objection which is raised appears tothe Council invalid or insufficient, by anorder in writing, authorize the owner of thesaid premises to carry his drain into,through, or under the said land in suchmanner as the Council shall think fit toallow.

(2) Every such order bearing thesignature of the Mayor shall be completeauthority to the person in, whose favour it ismade, or to any agent or person employedby him for that purpose, after giving to theowner of the said land reasonable writtennotice of his intention so to do, to enterupon the said land with assistants andworkmen at any time between sunrise andsunset and to execute the necessary work.

(3) Subject to the provisions of thisOrdinance, the owner or occupier of anypremises, or any agent or person employedby him for that purpose, may, after givingthe owner of any land, wherein a drain hasalready been lawfully constructed for thedrainage of his said premises, reasonablewritten notice of his intention so to do,enter upon the said land with assistants andworkmen at any time between sunrise andsunset for the purpose of repairing orcleansing such drain.

(4) In executing any work under thissection as little damage as possible shall bedone; and the owner or occupier of premises

Right to carrydrains throughland belongingto otherpersons.

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for the benefit of which the work is doneshall—

(a) cause the work to be executed withthe least practicable delay ;

(b) fill in, reinstate, and make good athis own cost the land broken up forthe purpose of executing the saidwork; and

(c) pay compensation to any person whosustains damage by the execution ofthe said work.

(5) Every owner of land who refuses topermit or prevents without reasonable causethe execution of any work in accordancewith the provisions of this section shall beguilty of an offence, and shall on convictionbe liable to a fine not exceeding onehundred rupees; and every such owner whopersists in such refusal or who continues toprevent the execution of such work after aconviction thereof shall be guilty of acontinuing offence and shall on convictionbe liable to a fine not exceeding twenty-fiverupees for each day during which theoffence is continued.

(6) When the owner of any land into,through, or under which a drain has beencarried under this section while such land isunbuilt upon, desires at any time afterwardsto erect a building o"i, such land, the Councilshall, by written notice, require the owner oroccupier of the premises for the benefit ofwhich such drain was constructed to close,remove, divert, reconstruct, or protect thesame in such manner as may be approvedby the Council and to fill in, make good,and reinstate the land ;

Provided that no such requisition shall bemade unless, in the opinion of the Council,it is necessary or expedient, in order toadmit of the construction of the proposedbuilding or the safe enjoyment of the same,that the drain should be closed, removed,diverted, reconstructed, or protected.

(7) Every owner or occupier who refusesto comply with the requirements of anynotice served on him under subsection (6)within a reasonable time, shall be guilty ofan offence, and shall on conviction be liableto a fine not exceeding one hundred rupees.

111. (1) Where it appears to the Right ofCouncil that the only or the best practicable owners to joint

, . . . , . . , „ , use of drains.means by which a drain required for thedrainage of any premises can be emptiedinto any drain or other fit place into whichdrains may lawfully be discharged isthrough a drain belonging to some personor persons other than the owner of the saidpremises, the Council after giving the saidperson or persons a reasonable opportunityof stating any objection thereto, may, if noobjection is raised, or if any objection whichis raised appears to the Council invalid orinsufficient, by an order in writing,authorize the said owner to use the last-mentioned drain, or declare him to be ajoint owner or one of the joint ownersthereof, on such conditions as to thepayment of rent or compensation, and as toconnecting the drain of the said premiseswith such other drain as aforesaid, and as tothe respective responsibilities of the partiesfor maintaining, flushing, cleansing, andemptying such last-mentioned drain orotherwise as may appear to the Councilequitable.

(2) Every such order bearing thesignature of the Mayor shall be a completeauthority to the person in whose favour it ismade, or to any agent or person employedby him for that purpose, after fulfilling theconditions of the said order, and after givingto the owner or owners of the drainreasonable notice in writing of his intentionso to do, to enter upon the land in whichsuch drain is situated with assistants andworkmen at any time between sunrise andsunset and, subject to the provisions of thisOrdinance, to do all such things as may benecessary for—

(a) connecting the two drains;

(b) renewing, altering, or repairing theconnection; and

(c) discharging any responsibil i tyattaching to the person in whosefavour the Council's order is madefor maintaining, flushing, cleansing,or emptying the drain or any partthereof.

(3) In executing any work under thissection as little damage as possible shall be

XVII1/32


Maintenanceand repair ol'drains, &c.

done, and the person in whose favour theCouncil's order is made shall—

(a) cause the work to be executed withthe least practicable delay ;

(b) fill in, reinstate, and make good athis own cost the land broken up, orrepair and make good any damageto buildings occasioned by theexecution of the said works ; and

(c) pay compensation to any person whosustains damage by the execution ofthe said works.

(4) Every owner or occupier of anypremises who refuses without reasonablecause, to permit, or prevents the executionof any works in accordance with theprovisions of this section, shall be guilty ofan offence and shall on conviction be liableto a fine not exceeding one hundred rupees;and every such owner or occupier whopersists in such refusal or who continues toprevent the execution of such work after aconviction thereof shall be guilty of acontinuing offence and shall, on conviction,be liable to a fine not exceeding twenty-fiverupees for each day during which theoffence is continued.

112. (1) Every drain and every fixtureor appliance connected therewith shall, fromtime to time, be repaired, flushed, cleansed,and cleared by the owner or occupier of thepremises within which such drain may besituated.

(2) The Council may, by notice inwriting served on the owner or occupier ofsuch premises, require such owner oroccupier within such time as may bespecified in the notice, to repair, Hush,cleanse, or clear such drain, fixture, orappliance.

(3) T h e C o u n c i l m a y , i f t h erequirements of such notice are notcomplied with, or if the Council receives anapplication from the said owner or occupierso to do, or if the Council deems immediateaction necessary, repair, flush, cleanse, orclear such drain, fixture, or appliance, andthe expenses incurred thereby shall be paidby the owner or the said occupier, and, in

be recoverable ascase of default, shallhereinafter provided.

(4) The owner of any premises in whichdrains, fixtures and appliances connectedtherewith are provided for the common useof the occupiers of such premises shall makesuch provision and take such measures asmay be necessary for keeping such drains,fixtures, and appliances in a proper sanitarycondition. Every such owner who, after duenotice in writing in that behalf from theCouncil fails to make such provision or totake such measures as the Council maythink fit, shall be guilty of an offence andshall be liable on conviction to a fine notexceeding fifty rupees.

(5) Where any drain, not being a drainvested in the Municipal Council, or anyfixture or appliance is provided for thebenefit of more premises than one, theCouncil may, in pursuance of the provisionsof this section, by notice in writing, requirethe owners or occupiers of such premises,wi thin such time as may be specified in thenotice, to execute all or any of the worksaforesaid, and the Council may. either indefault of compliance with the requirementsof such notice, or without such notice if theCouncil deem necessary, execute all or anyof such works and recover the expenses ofso doing from the said owners or occupiersin such proportions as it may deem just.

(6) Every owner or occupier who fails orneglects to comply with the requirements ofany notice served on him under subsection(2) or subsection (5) within the timespecified in the notice shall be guilty of anoffence and shall be liable on conviction toa fine not exceeding fifty rupees.

113. (1) Where, in the opinion of theCouncil—

(a) any drains or any fixtures andappliances connected therewithprovided for the drainage of anypremises are defective or in acondition injurious to health ;

(b) any such drains or appliances areimproperly connected to any publicor other drain; or

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Reconstruction of dective

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of defective

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drains and

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appliances.


Drains orappliances laidin streets.

(c) any such drains are not providedwith proper and sufficient traps.gullies, ventilating shafts, inspectionchambers, or other such appliances,

the Council may, by notice in writing,served on the owner or occupier of suchpremises, require such owner or occupier,within such time as may be specified in thenotice, to re-lay, reconstruct, make good,disconnect, or abolish such defective orimproper drains, connections, fixtures, andappliances, and provide sufficient andsuitable drains, connections, fixtures, andappliances in accordance with the provisionsof this Ordinance and of any by-laws madethereunder.

(2) Every owner or occupier who fails orneglects to comply with the requirements ofany notice served on him under subsection(1) within the time specified in the noticeshall be guilty of an offence, and shall beliable on conviction to a fine not exceedingone hundred rupees.

(3) For the purpose of determiningwhether any such drains, connections,fixtures, or appliances are defective orinjurious to health or improperly connectedto any public or other drain, the Councilmay order an inspection of the premises atany reasonable time, and the inspectingofficer may enter the premises at anyreasonable time (after giving due notice tothe occupier) and, if necessary for thepurpose of such inspection, may cause theground to be opened wherever he may deemfit, doing as little damage as may be ; andwhere such drains, connections, fixtures, orappliances are found to be in a satisfactorycondition they shall forthwith be reinstated,and the ground made good at the expense ofthe Council.

114. The Council may permit any drain,manhole, inspection chamber, gully,ventilating shaft, or similar appliancesrequired in pursuance of this Ordinance forthe drainage of any premises to beconstructed, laid, or fixed over, through, orunder any street or public place:

Provided that such permission shall notbe deemed to convey to the owner of thesaid premises any special rights whatsoever

over the said street or public place ; and theCouncil may at any time alter or reconstructany portion of such drain or appliance as itmay think necessary.

115. (1) Any person authorized in that Entry ofbehalf by the Council may, after giving due premises.notice to the occupier, enter any premisesbetween the hours of eight in the morningand five in the afternoon for the purpose ofinspecting, flushing, clearing, repairing, ormaintaining any drain, manhole, inspectionchamber, gully, ventilating shaft or otherappliance connected therewith:

Provided that no such notice need begiven in any case, where the entry is madefor the purpose of inspecting, flushing ormaintaining any public drain, or for thepurpose of inspecting any drain or otheraforementioned appliance which the personauthorized as aforesaid has reason to believeis the source of any nuisance.

(2) Every person who prevents orattempts to prevent the person authorized asaforesaid from entering any premises orrefuses admittance thereto shall be guilty ofan offence, and shall be liable on convictionto a fine not exceeding fifty rupees andevery person who continues to prevent suchentry or who persists in such refusal after aconviction thereof shall be guilty of acontinuing offence and shall on convictionbe liable to a fine not exceeding twenty-fiverupees for each day during which theoffence is continued.

116. (1) Every person who uses orcauses or suffers to be used any new drain,gully, bathroom, water-closet, privy, urinalor other sanitary appliance provided inpursuance of this Ordinance without thewritten permission of the Council, or untilthe Council has given a certificate that suchdrain, gully, bathroom, water-closet, privy,urinal, or other sanitary appliance conformsin all respects to the provisions of thisOrdinance and of any by-laws madethereunder, shall be guilty of an offence,and shall be liable on conviction to a finenot exceeding fifty rupees; and every personwho, after a conviction thereof, uses orcauses or suffers to be used any sanitaryappliance aforesaid without obtaining suchcertificate or permission, shall be guilty of a

New drains notto be usedwithoutpermission.

XVIII/34


continuing offence and shall on convictionbe liable to a fine not exceeding twenty-fiverupees for each day during which theoffence is continued.

(2) Any person making such newprovision may apply in writing to theCouncil for such certificate, and thereuponthe Council, after such inquiry as it mayconsider necessary, shall, within fourteendays of the receipt of the application, eithergrant the certificate, or inform the applicantof its refusal to do so, and of the groundsfor such refusal.

117. (1) No person shall discharge orcause or suffer to be discharged, without thesanction in writing of the Council, anysullage, foul liquids, or faecal matter intoany drain or other place which is notsuitable or intended to receive suchdischarge, or into any land or place in sucha manner as to cause a nuisance, or wilfullydischarge or cause to be discharged any rainwater into any drain which is intended tocarry foul water.

(2) No person shall discharge or causeor suffer to be discharged into any drain anyhot water, steam, or any liquid which wouldprejudicially affect the drain or the flow orthe disposal of the sewage or waterconveyed therein, or which would from itsnature, temperature, or otherwise be likelyto create a nuisance.

(3) No person shall drop, pass, or place,or cause or suffer to be dropped, passed, orplaced, into or in any drain any brick, stone,earth, ashes or any substance or matterwhich such drain is not intended to receive,or which by reason of its amount or naturemay be likely to cause such drain or anyother drain connected therewith to beobstructed, or which may prejudiciallyaffect any such drain or the flow therein ormay be likely to create a nuisance.

(4) Without the written permission ofthe Council, no person shall in any wayalter the fixing, disposition, or position of,or obstruct, remove, stop up, or change, anydrain, ventilation pipe, closet, or otherfitting or appliance connected therewith.

(5) No person shall erect, re-erect, oralter any building in such a manner as tocause any drain, closet, or applianceprovided in or for the benefit of suchbuilding or of any other building within thesame premises to contravene the provisionsof this Ordinance or of any by-law madethereunder.

(6) Every person who contravenes anyof the preceding provisions of this sectionshall be guilty of an offence and shall beliable on conviction to a fine not exceedingfifty rupees; and every person whocontinues such contravention after aconviction thereof shall be gui l ty of acontinuing offence and shall on convictionbe liable to a fine not exceeding twenty-fiverupees for each day during which theoffence is continued.

LATRINES

118. (1) any case where the Council Constructionis of opinion that any privy, water-closet or of additionalbathroom, or additional privy, water-closetor bathroom should be attached to, orprovided for, any house or building or land,the Council may, by notice in writing servedon the owner of such house or building orland, require such owner, within thirty daysfrom the service of the notice, to causesuch privy, water-closet or bathroom tobe constructed in accordance with therequisition contained in such notice.

(2) Every owner who fails or neglects tocomply with the requirements of any noticeserved on him under subsection (1) withinthe said period of thirty days shall be guiltyof an offence and shall be liable onconviction to a fine not exceeding fiftyrupees.

119. ( I ) The Council may. by notice inwriting served on any person employing alarge body of workmen or labourers, requiresuch person to—

(a) provide within such time as may bespecified in the notice such numberof privies, water-closets and urinalsas may seem to the Councilnecessary ; and in any case wherepersons of both sexes are employedor intended to be employed or are

Duty ofemployers oflabour toprovide privies.

Offences.

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privies.


in attendance, to provide propersepa ra t e accommoda t ion forpersons of each sex ; and

(b) cause the same to be maintained in asanitary condition and properorder.

(2) Where any person served with anotice under subsection ( I ) fails or neglectsto provide and maintain such privies, water-closets, and urinals or to maintain the samein a sanitary condition or in proper order,the Council may cause such privies, water-closets and urinals to be constructed or tobe maintained in a sanitary condition or inproper order, and the expenses incurred bythe Council in respect thereof shall be paidby the person aforesaid, and, in case ofdefault, shall be recoverable as hereinafterprovided.

(3) Every person who fails or neglects tocomply with the requirements of any noticeserved on him under subsection ( I ) withinthe time specified in the notice shall beguilty of an offence and shall be liable onconviction to a fine not exceeding twohundred rupees.

Nrgleciing to 120. ( I ) The Council may, by notice inclose cesspool, writing, served on the owner or occupier of

any house or building or land having acesspool on the premises, require such owneror occupier within thirty days from the dateof service of the notice, to close suchcesspool and to substitute a privy or water-closet therefor.

(2) Every owner or occupier who fails orneglects to comply with the requirements ofany notice served on him under subsection( I ) within the said period of thirty days shallbe guilty of an offence, and shall be liableon conviction to a fine not exceeding onehundred rupees.

Offences. 121. (1) No person shall injure orimproperly foul, or suffer to be in a foulcondition for want of proper cleansing, anyprivy, water-closet, or urinal or theapproaches thereto, used in common by theoccupiers of two or more separate dwellinghouses, or by any other person or persons.Every person offending against theprovisions of this subsection, or in the

absence of proof satisfactory to the court asto which of the persons having the use incommon of such privy, or urinal, or theapproaches thereto as aforesaid is in default,each of such last-mentioned persons shall bedeemed to have contravened the provisionsof this subsection,

(2) Every person who contravenes anyof the preceding provisions of this sectionshall be guilty of an offence and shall beliable on conviction to a fine not exceedingfifty rupees; and every person whocontinues such contravention after aconviction thereof shall be guilty of acontinuing offence and shall be liable onconviction to a fine not exceeding twenty-five rupees for each day during which theoffence is continued.

INSANITARY BUILDINGS

122. It shall be the duty of the Councilto cause to be made, from time to time, aninspection of every part of the Municipalitywith a view to securing that the houses orbuildings in the Municipality are kept insuch sanitary condition as is required by theprovisions of this Ordinance or any otherenactmen't, and to undertake all necessarymeasures to enforce such provisions withinthe Municipality.

123. (I) Whenever the Council issatisfied that any buildings or blocks ofbuildings, whether existing at the date of theconstitution of the Council or subsequentlyerected, are, by reason of the occurrence ofan epidemic or of the manner in which suchbuildings are crowded together, or of thewant of drainage or the impracticability ofscavenging, attended with risk to the healthof the inhabitants thereof or of theneighbourhood, the Council shall serve anotice on the owners or occupiers thereof,or, at its option on the owner of the land onwhich such buildings are constructed, toexecute within such time as may be specifiedin the notice, such operations including thealteration of such building as the Councilmay deem necessary for the avoidance ofsuch risk.

(2) In any case where an owner oroccupier served with a notice undersubsection (1) refuses or neglects to execute

Duty ofCouncil as toinsanitarybuildings.

Duty ofCouncil asto exislingbuildings.

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such operations within the time specified inthe notice, any officer authorized by theCouncil in that behalf may cause thebuildings to be taken down, or suchoperations to be performed in respectthereof, as the Council may deem necessaryto prevent such risk.

(3) Where any buildings are taken downunder subsection (2), the Council or theauthorized officer shall cause the materialsof each building to be sold separately, ifsuch sale can be effected, and the proceedsshall be paid to the owner of the building,or if the owner be unknown or the titledisputed, shall be held in deposit by theCouncil until the person entitled theretoobtains the order of a competent court forthe payment of such proceeds.

124. Whenever it appears to the Councilthat any house is so overcrowded as to bedangerous or prejudicial to the health of theoccupiers thereof, or of the neighbourhood,and the occupiers consist of more than onefamily, the Council shall cause proceedingsto be taken before a Magistrate orMunicipal Magistrate to abate suchovercrowding, and the Magistrate shallthereupon make such order as he may thinkfit; and each of the persons permitting suchovercrowding shall be guilty of an offenceand shall be liable on conviction to a finenot exceeding twenty-five rupees for eachday after the date of such order duringwhich such overcrowding shall continue.

125. It shall be lawful for any personauthorized in tha t behalf by the Council atany lime between sunrise and sunset to enterinto and inspect any house or building, andby an order in writing to direct all or anypart thereof to be forthwith internally andexternally limewashed or otherwise cleaned ;and if the owner or occupier of such houseor building neglects to comply with suchdirection within seven days from the timewhen the order shall have been served uponhim, the Council may cause the work to bedone, and the expenses thereby incurredshall be paid by the owner, and, in case ofdefault, shall be recoverable as hereinafterprovided.

126. (1) In any Municipality it shallnot be lawful for any person to erect orconstruct any house, hut, shed, or otherbuilding (whether to be used as a dwellingor as a stable or for any other purpose)having its external roof or walls made ofgrass, leaves, thatch, cadjans, mats, or othersuch inflammable material, without firstobtaining the permission of the Council.

(2) The permission given by the Councilunder subsection (1) shall in every case besubject to a specified time-limit and suchconditions as it may impose in writing forthe pu rpose of e n s u r i n g tha t suchinflammable material as may be used for theroof or walls of the building to which thepermission relates will be replaced at theearliest opportunity by such non-inflammable or durable material as may beapproved by the Council.

(3) If any house, hut, shed, or otherbuilding of the description referred to insubsection ( I ) is built without thepermission required by that subsection, theCouncil shall give notice to the ownerthereof, or of the ground upon which suchbuilding is erected or constructed, or isbeing erected or constructed, by affixing anotice to some conspicuous part of suchhouse, hut, shed, or other building, to takedown and remove the building forthwith orwithin such time as the Council may specifyin the notice.

(4) If any house, hut, shed, or otherbuilding is not taken down and removedforthwith or within the time specified in anynotice under subsection (3), the Councilshall cause the building to be taken downand removed, and the expenses incurred bythe Council in doing so shall be paid by theowner of the building or of the ground uponwhich it is built, and, in case of default,shall be recoverable as hereinafter provided.

(5) Nothing in the preceding provisionsof this section shall apply to any house, hut,shed, or other building which was erectedor constructed before the date of thecommencement of this Ordinance; and inthe case of any such house, hut, shed orother building having its external roof orwalls made of grass, leaves, thatch, cadjans,mats or other inflammable material, the

Houses or hutsnot to be buil tor roofed w i t hcadjan w i t h o u tpermission.

Overcrowdingof houses.

Power ofCouncil toinspect andlimewashhouses.

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Certificate ofconformitywith buildingby-laws.

Floor level ofnew building.

Council may give notice to the ownerthereof, or of the ground upon which suchbuilding stands, by affixing a notice to someconspicuous part of such house, hut, shed,or other building, to take down and removethe building forthwith or within such timeas may be specified in the notice ; and in theevent of such building not being taken downand removed in compliance with therequirements of such notice the provisionsof subsection (4) shall apply.

CONSTRUCTION OF BUILDINGS

127. (1) No building constructed afterthe date of the commencement of thisOrdinance shall be occupied, except by acaretaker, until the Council has given acertificate that such building, as regardsconstruction, drainage, and other respectsconforms to the provisions of thisOrdinance and to the by-laws madethereunder.

(2) Any person who has erected anybuilding may apply in writing to the Councilfor such certificate, and thereupon theCouncil, after such inquiry as it mayconsider necessary, shall, within twenty-onedays of the receipt of the application, eithergrant the certificate or inform the applicantof its refusal to do so and the grounds ofsuch refusal.

(3) Every person who occupies or allowsto be o c c u p i e d any b u i l d i n g incontravention of this section shall be guiltyof an offence, and shall be liable onconviction to a fine not exceeding twenty-five rupees for each day during which thecontravention continues.

128. (1) No building within anyMunicipality shall be hereafter constructedhaving the ground floor at a lower levelthan one foot above the highest recordedflood at the site, or lower than such level as,in the opinion of the Council, will allow ofthe drainage from the premises being ledinto some public drain either existing or tobe hereafter made, or other fit place intowhich the Council is empowered to emptydrains.

(2) Every person who constructs anybuilding in contravention of this section

shall be guilty of 'an offence ; and theCouncil may cause such building to bealtered, pulled down, or otherwise dealtwith as it may deem proper, and mayrecover the expenses thereby incurred fromthe owner of the building in the mannerhereinafter provided.

CONSERVANCY AND SCAVENGING

129. It shall be the duty of the Council,so far as is reasonably practicable, to takeall necessary measures in every part of theMunicipality—

(a) for properly sweeping and cleansingthe streets, including the footways,and for collecting and removing allstreet refuse;

(b) for securing the due removal atproper periods of all house refuse,and the due cleansing any emptyingat proper periods of all latrines andcesspits; and

(c) for the proper disposal of all streetrefuse, house refuse and night-soil.

130. All street refuse, house refuse,night-soil, or other similar matter, collectedin any Municipality under the provisions ofthis Part shall be the property of theCouncil, and the Council shall have fullpower to sell or dispose of all such matterand the money arising therefrom shall bepaid to the credit of the Municipal Fund.

131. The Council shall, from time totime, provide places convenient for theproper disposal of all street refuse, houserefuse, night-soil, and similar matterremoved in accordance with the provisionsof this Part, and for keeping all vehicles,animals, implements, and other thingsrequired for that purpose or for any of theother purposes of this Ordinance, and shalltake all such measures and precautions asmay be necessary to ensure that no suchrefuse, night-soil, or similar matter removedin accordance with the provisions of thisPart is disposed of in such a way as to causea nuisance.

Duty ofCouncil as toconservancyandscavenging.

All refusecollected to beproperty ofCouncil.

Places fordisposal ofrefuse andkeepingequipment.

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Inspection ofnuisances.

Power tofill upunwholesometanks onprivatepremises.

Nuisance bychild.

Public bathingplaces.

NUISANCES

132. It shall be the duty of the Councilto cause to be made, from time to time, aninspection of the Municipality with a viewto ascertaining what nuisances exist callingfor abatement under the powers conferredby this Ordinance or any other enactment,and to the enforcement of the provisions ofthis Ordinance or such other enactment inorder to abate such nuisances.

133. (i) Where in any Municipality,any private tank or low marshy ground orany waste or stagnant water, situated on anyprivate land, appears to the Council to beinjurious to health or to be offensive to theneighbourhood, the Council shall, by noticein writing, require the owner of that land tocleanse or fill up such tank or marshyground, or to drain off or remove suchwaste or stagnant water.

(2) If any owner on whom a noticeunder subsection ( I ) is served refuses orneglects to comply with the notice withinsuch period as may be specified therein, theMayor or the officers and workmen of theCouncil may enter into the land and do allnecessary acts for all or any of the purposesreferred to in subsection (1), and theexpenses incurred thereby shall be paid bythe owner of the land, and, in case ofdefault, shall be recoverable as hereinafterprovided.

(3) Where the land- referred to insubsection (2) is owned by more than oneperson, the expenses referred to in thatsubsection shall be apportioned among, andrecoverable from, the several owners in suchproportions as may be determined by theCouncil.

134. Every person who, having the careor custody of any child under twelve yearsof age, omits to prevent such child fromcommitting a nuisance in or by the side ofany street, shall be guilty of an offence andshall be liable on conviction to a fine notexceeding ten rupees.

135. (1) The Council may by publicnotice prohibit bathing or the washing ofanimals or clothes in any public place notset apart for the purpose, or at times or by

persons other than those specified in thenotice, and all other acts which may renderwater in public places foul or unfit for use,or may cause inconvenience or annoyanceto persons using the bathing or washingplaces. Such notice shall be published in theGazette and in two at least of thenewspapers c i rcu la t ing w i th in theMunicipality.

(2) Every person who bathes, washes, ordoes any act contrary to such prohibition asaforesaid shall be guilty of an offence, andshall be liable on conviction to a fine notexceeding fifty rupees.

136. Every person who bathes in, orwashes any clothes or other things in, orcauses or suffers any dirt, refuse, orimpurity to flow into, or otherwise in anymanner pollutes or contaminates anyreservoir used for the purposes of thewaterworks belonging to any MunicipalCouncil, or any stream or watercoursewhereof the water flows into or feeds anysuch reservoir, shall be guilty of an offence,and shall be liable on conviction to a finenot exceeding fifty rupees, and, in case of acontinuing offence, to an additional fine notexceeding ten rupees for each day duringwhich the offence is continued after aconviction thereof or after service of awritten notice from the Council directingattention to the offence.

136A. (1) Any person who, within theadministrative limits of the ColomboMunicipal Council, operates or causes to beoperated any factory which causes pollutionso as to endanger or prejudice the health ofthe neighbourhood, shall be guilty of anoffence.

(2) Where a Magistrate after summaryinquiry convicts a person of an offenceunder subsection (1) he shall, depending onthe degree of pollution caused by suchfactory, make order—

(a) that such person pay a fineequivalent to twice the fee payablefor a licence issued under theprovisions of this Ordinance or anyby-law made thereunder, in respectof the premises on which thatfactory is situated notwithstanding

Pollution ofstreams whichflow intoreservoirs orwaterworks.

Pollutioncaused byfactories.[§ 2, 42 of1979.]

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Medicalpractitionersto reportinfectiousdiseases.

that such amount exceeds theamount of fine which a Magistratemay impose in the exercise of hisordinary jurisdiction and theamount so recovered shall be paidinto the Fund of the Council; or

(b) that operations in such factory shallcease.

For the purposes of this section," pollution" means any direct or indirectalteration of the physical, thermal, chemical,biological or radioactive properties of anypart of the environment by discharging,emitting or depositing wastes so as to affectany beneficial use adversely, to cause acondition which is hazardous or potentiallyhaza rdous to publ ic heal th , safety orwelfare or to animals, birds, wildlife, fishor acquatic life, or to plants,

INFECTIOUS DISEASES AND EPIDEMICS

137. (1) Every medical practitioner orperson professing to treat disease whoattends to any person suffering from any ofthe following diseases, namely, smallpox,cholera, acute or choleraic diarrhoea,plague, typhoid or enteric fever, phthisis,simple continued fever of seven days'duration or over, chicken pox, measles,scarlet fever, diphtheria or such otherdiseases as may be, from time to time,proclaimed under the regulations framedunder the Quarantine and Prevention ofDiseases Ordinance, shall within three hoursof such attendance give information inwriting to the medical officer of healthstating the name, race, sex, and age of thediseased person, his residence, and thenature of his disease.

(2) The occupier of any building inwhich there is any person affected with anyof the diseases mentioned in subsection (1)shall forthwith inform the medical officer ofhealth, and the occupier and the person soaffected shall furnish such officer with allthe information regarding the affectedperson which he may reasonably demand,including full particulars of all places atwhich the affected person spent the nightsduring the fourteen days prior to suchdemand.

(3) Every person who fails to complywith any of the requirements of this sectionshall be guilty of an offence and shall beliable on conviction to a fine not exceedingfive hundred rupees, or to imprisonment ofeither description for a term not exceedingsix months or to both such fine and suchimprisonment,

138. (1) It shall be lawful for anyperson authorized in that behalf by theCouncil, the medical officer of health or anysanitary officer acting on the written ordersof the medical officer of health, to enter atany time without notice any dwelling placeor premises for the purpose of searching forcases of infectious diseases.

(2) It shall be lawful for any personauthorized as aforesaid or the medicalofficer of health to cause persons diseasedor suspected to be affected with any diseasementioned in the regulations made undersection 2 of the Quarantine and Preventionof Diseases Ordinance, to be removed tosome. public hospital or other placeprovided by the Council, or to any placeselected by such person which the personauthorized as aforesaid or the medicalofficer of health considers suitable—

(a) from any house or place in whichgoods are exposed for sale;

(b) from any house or place of publicresort;

(c) from any building in which there areno means of isolating such personfrom the other inmates ; or

(d) from any building where theretention of such person is likely toprove a source of danger to others.

(3) Any person authorized as aforesaidor the medical officer of health may, in anycase where a person is affected with any ofthe said diseases in any such house or placeas is mentioned in subsection (2) (a), allowsuch person to remain there on conditionthat the sale of goods from such house orplace is discontinued until such person orthe medical officer of health has givenpermission in writing to resume such sale.

Search ofpremises andsegregation ofinfectedpersons.

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Penalty fordisposal ofinfectedarticles.

Penalty forexposure ofinfectedpersons.

(4) Any person authorized as aforesaidor the medical officer of health may causeany person who is found in any infectedlocality, or who has come from any placewhere disease exists, to be removed to aplace of observation set apart for thepurpose, or to be kept under surveillance forsuch period as such person or the medicalofficer of health may direct.

139. Every person who gives, lends,sells, transmits, or otherwise disposes of anyarticle or thing which he has reason to knowhas been exposed to infection without firstdisinfecting such article or other thing to thesatisfaction of the medical officer of healthshall be guilty of an offence and shall beliable on conviction to a fine not exceedingfifty rupees:

Provided that nothing in the precedingprovisions of this section shall be deemed toapply to a person who transmits with properprecautions any article or thing for thepurpose of having the same disinfected in aplace approved by the Council for thepurpose.

140. (1) Every person suffering froman infectious disease who, without properprecaution against spreading such disease,causes himself to be conveyed in a publicconveyance, and, every person in charge ofor accompanying a patient so conveyed, andevery person knowing himself to besuffering from any infectious disease whoenters a public conveyance withoutpreviously notifying to the owner or driverthat he is so suffering shall be guilty of anoffence, and shall be liable on conviction toa fine not exceeding fifty rupees, and to anadditional fine of such amount as theMagistrate or Municipal Magistrate maydeem sufficient to cover the loss and costswhich the owner or driver must incur for thepurpose of disinfecting such conveyance.

(2) The amount of any additional fineimposed under subsection (1) shall beawarded by the Magistrate or MunicipalMagistrate, subject to the provisions of theCode of Criminal Procedure Act, to theowner or driver of the said conveyance.

(3) No owner or driver of a publicconveyance shall be required to convey any

person suffering from any infectious diseasewithout payment or tender of a sumsufficient to cover such loss and costs asaforesaid, anything in any enactmentrelating to public conveyances for the timeb e i n g in f o r c e to the c o n t r a r ynotwithstanding.

(4) Every public conveyance in which a.person suffering from any infectious diseaseis conveyed shall be forthwith disinfected bythe officer in charge of the place to whichsuch person is removed.

141. Every person who knowingly lets a Penalty forhouse or other building, or part of a house letting infected

rooms.or building, in which any person has beensuffering from any infectious disease,without having such house or other buildingor part thereof, and all articles therein liableto retain infection, disinfected to thesatisfaction of a registered medicalpractitioner shall be guilty of an offence andshall be liable on conviction to a fine notexceeding one hundred rupees. For thepurposes of this section, a hotel or lodging-house keeper shall be deemed to let part ofhis house to any person admitted as a guestinto his hotel or lodging-house.

142. In the event of any epidemic or any Appointmentunusual mortality prevailing within a. of speciol officer.Municipality, the Minister may appoint aspec ia l o f f i c e r f o r t h e p u r p o s e ofinvestigating the causes of such epidemic ormortality, and of advising the Council andthe Minister as to the sanitary measures tobe taken.

The appointment ofunder section 142 may

a Special Salary ofbe made, special officer.

143.officerfrom time to time, for such period notexceeding twelve months as the Ministermay deem necessary. Such officer shall bepaid out of the Municipal Fund such salaryas may be fixed by the Minister.

144. Every special officer appointed Powers ofunder section 142 or any health officer shall, secial officerduring his employment, have all the powersof entry and inspection given to the Councilor any officer of the Council by thisOrdinance.

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Slaughter-houses.

Penalty forusingslaughter-housesduringsuspension orrevocation oflicence.

Licensing ofoffensive anddangeroustrades andplaces.

OFFENSIVE AND DANGEROUS TRADES

145. (1) No place shall be used as aslaughterhouse within a Municipality unlessa licence in writing for the use thereof as aslaughterhouse has been obtained from theCouncil. The Council is hereby empowered,at its discretion, from time to time, to grantsuch licence, and such licence to suspend orrevoke, as to the Council may seemnecessary.

(2) Every person who, within theMunicipality, uses as a slaughterhouse anyplace which is not so licensed shall be guiltyof an offence, and shall be liable onconviction to a fine not exceeding twohundred rupees, and, in the case of acontinuing offence, to an additional fine notexceeding fifty rupees for each day duringwhich the offence is continued after noticehas been given by the Council todiscontinue such use.

146. (1) Every person who during theperiod for which any licence granted undersection 145 is suspended, or after the licenceis revoked as aforesaid, slaughters anyanimal, or allows any animal to beslaughtered in the slaughterhouse to whichsuch licence relates, shall be guilty of anoffence and shall be liable on conviction toa fine not exceeding five hundred rupees,and to an additional fine not exceeding onehundred rupees for each day on which anyanimal is slaughtered or allowed to beslaughtered therein after notice has beengiven by the Council to discontinue theslaughter of animals therein.

(2) For the purposes of this section," animal" means any bull, cow, calf, ox,buffalo, sheep, goat, or swine.

147. (1) No place shall be used withinany Municipality for any of the followingpurposes, namely, for boiling offal or blood,or as a soap-house, oil-boiling-house,dyeing-house, tannery, brick, pottery orlime kiln, sago manufactory, gunpowdermanufactory, manufactory of fireworks, orother manufactory or place of business fromwhich either offensive or unwholesomesmells arise, or for any purposes which arecalculated to be dangerous to life, or as ayard or depot for hay, straw, wood, coal,

cotton, bones, or inflammable oil, or forany other trade or business which theCouncil may, by means of by-laws, declareto be an offensive or dangerous trade orbusiness for the purposes of this section,except under a licence from the Council,which is hereby empowered, at itsdiscretion, from time to time, to grant suchlicences, and to impose such terms thereinas to the Council may appear expedient.

(2) No licence for any of the purposesmentioned in subsection (1) shall be givenwithin the administrative limits of theCouncil under section 5 of the NuisancesOrdinance.

(3) Every person who without a licenceas aforesaid uses any place within theMunicipality for any of the purposesmentioned in subsection (1) shall be guiltyof an offence and shall be liable onconviction to a fine not exceeding fivehundred rupees, and, in case of a continuingoffence, to an additional fine not exceedingfifty rupees for each day during which thesaid offence is continued after a convictionthereof.

148. (1) It shall be lawful for the Suspension orCouncil to suspend or revoke any licence revocation of

. ., licence.granted under section 147 it it appears tothe Council to be necessary to do so :

Provided, however, that where the licenceis suspended or revoked, except on theground that the owner has violated thelicence or any of the terms thereof, theC o u n c i l s h a l l be l i a b l e to m a k ecompensation to the owner for the loss towhich he has been subjected by reason ofthe suspension or revocation.

(2) Every person who uses or permits tobe used any place for any purposementioned in subsection (1) of section 147after he is given notice that his licence hasbeen suspended or revoked shall be guilty ofan offence, and shall be liable on convictionto a fine not exceeding two hundred rupeesfor each day after such notice during whichsuch place is so used.

XVIII/42

MUNICIPAL COUNCILS [Cap.576MISCELLANEOUS

Default of 149. (1) Where any owner or occupierowners or neglects to comply with the requirements ofoccupiers. . , i - • ,-any notice served on him in pursuance ot

any of the preceding provisions of this Partwithin the time specified in such notice, or ifno time is so specified, then, within areasonable time, the Council may cause therequired works to be executed, and theexpenses thereof shall be recovered from thesaid owner or occupier as provided in thisOrdinance.

(2) Where any person, either by thecommission or omission of any action,contravenes any of the preceding provisionsof this Part, the Council may—

(a) by notice in writing, require suchperson, within a reasonable time tobe specified in the notice, toundertake such works as may ben e c e s s a r y to a b a t e s u c hcontravention; or

(b) without such notice, if it deemsnecessary, or if such person fails tocomply with such notice within areasonable time, undertake suchworks and recover the cost of sodoing from such person in themanner provided in this Ordinance.

(3) Where any drain, not being a drainvested in the Council, and any fixture orappliance in connexion therewith, isprovided for the benefit of more premisesthan one the owners or occupiers of suchpremises shall, for the purpose of this Part,and in so far as the Council may in anyparticular case think fit, be deemed to be thejoint owners or users of such drain, fixture,or appliance, and jointly liable for anycontravention of any provision of thisOrdinance and for any expenses that theCouncil may legally recover in pursuancethereof; and the Council may recover suchexpenses in such proportion as it may deemjust.

Work may be 150. At the written request of the ownerexecuted by or occupier of any premises in which worksCouncil. - , , , - r . -are required to be done in pursuance ot this

Ord inance , it shall be lawful for theCouncil, if it sees fit, and under such

conditions as it may determine, to cause allor any of such works to be done by contractor otherwise, and the estimated expenses orthe actual expenses, as the case may be,thereof may be recovered in advance orotherwise in the manner provided in thisOrdinance.

151. Where, in pursuance of thepreceding provisions of this Part, theCouncil has executed any work on behalf ofany person whether in default of compliancewith any notice or otherwise, and theexpenses thereof are recoverable from suchperson, the Council may include in suchexpenses a reasonable commission forsurveys, plans, superintendence, andestablishment expenses.

152. (1) Where, in pursuance of thepreceding provisions of this Part, theCouncil has executed, by contract orotherwise, any works required in connexionwith the installation or improvement of adrainage system on or for any premises, andthe amount of the expenses thereof arerecoverable from the owner of suchpremises, the Council may recover suchexpenses in the manner provided in thisOrdinance:

Provided that if such owner gives noticein writing, within fourteen days of notice bythe Council of completion of the work, ofhis desire to pay the amount of suchexpenses by quarterly instalments, theCouncil shall recover the amount of suchexpenses by quarterly instalments sufficientto defray the whole amount within a periodnot exceeding fifteen years, together withinterest at such rate as the Council may,from time to time, by resolution determine.

(2) The expenses referred to insubsection ( I ) shall co-equaliy with theMunicipal rates, be a first charge on thepremises in respect of which the same areincurred or made, and shall be paid to theCouncil by the owner of such premises andhis successors in title, and the instalmentsthereof as they fall due shall be recoverablefrom the present or future owner of thepremises in the same manner as rates ortaxes may be recovered, but there shall beno remission of such instalments or any partthereof in cases of non-tenancy of the said

Inclusion ofcommission inexpenses.

Recovery ofexpenses byinstalments.

XVIII/43


Register ofexpenses.

Loans forprivate works.

premises. The first instalment of suchpayments shall become due and shall bepaid on the first day of the quarterfollowing that in which the work iscompleted.

153. The Council shall keep at theMunicipal office a register of all expensesincurred and recoverable under section 152and shall show in such register the totalamounts so incurred and recoverable, theinstalments in which the same are payable,and the balances for the time beingoutstanding. Such register shall be open atall reasonable times to the inspection of anyperson on payment to the Council of afee of twenty-five cents for every suchinspection-

154. The execution of any work theexpenses of which are recoverable and maybe recovered as provided in section 152 shallbe deemed to be a purpose for which aMunicipal Council may borrow moneyunder section 191, and the provisions ofPart X and of any regulations madethereunder shall apply accordingly :

Provided that any money so borrowedshall not be taken into account for thepurpose of the application of section 192.

breach of any by-law made underthis Ordinance in relation tomarkets;

(b) prevent such person by himself orhis servants from further carryingon any trade or business in suchmarket or occupying any stall,shop, or other place therein; and

(c) determine any lease or tenure whichsuch person may have in any suchstall, shop, or other place within themarket.

157. A Municipal Council may, subject Sale, lease, andto the provisions of paragraph (f) of closure of

subsection (1) of section 40, sell, or let to markets.

tenants on tease or otherwise, on such termsas it may think fit, any public market or anypart thereof, and may close any such marketor part thereof.

Penalty forselling inmarket withoutpermission.

158. Every person who, without thepermission of the Council, sells or exposesfor sale any article within a public market,shall be guilty of an offence and shall beliable on conviction to a fine not exceedingfifty rupees.

Provision ofmarkets andcharging ofrents and fees.

[§ 7, 48 of1971.1

Expulsion ofpersonsbreakingby-laws anddeterminationof lease.

PART VII

MARKETS AND SALE OF ARTICLES

155. A Municipal Council may, fromtime to time, as occasion requires, provideplaces within the Municipality for thepurpose of being used as public markets,and may charge such rents, tolls and fees asto it may seem fit for the use of, or the rightto expose goods for sale in, such markets,and for the use of shops, stalls, sheds, pens,and standings therein. All such rents, tolls,and fees shall be recoverable by theCommissioner from the persons liable topay the same, as if the amounts payable inrespect thereof were taxes due under thisOrdinance.

156. The Council may—

(a) expel or cause to be expelled fromany public market any person who,or whose servant, is convicted of a

159. The Council may, from time to Street sales.time, by notification in the Gazette, prohibitthe sale, or exposure for sale, of any articlesin or upon any specified public street or partof such street, and may, in like manner,cancel, suspend, or modify such prohibition.Every person who, after such notification,sells or exposes for sale any articles in anysuch street in contravention of thenotification, shall be guilty of an offence,and shall be liable on conviction to a finenot exceeding twenty rupees.

160. (1) The medical officer of healthor any person authorized generally orspecially by the Council in writing for thatpurpose, may at all reasonable times enterinto and inspect any place used for the saleof articles of human food or drink or anyplace used for keeping or storing any sucharticles which are intended for sale, and mayexamine any such articles which are foundtherein.

Unwholesomeprovisions.

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(2) Any such article which, on suchexamination, appears to such officer orperson to be unfit for human food or drinkmay be seized by him.

(3) Every officer or person seizing anyarticle under subsection (2) shall cause sucharticle to be produced forthwith before aMagistrate.

(4) Where the Magistrate finds that thearticle so seized is unfit for human food ordrink, he shall order the same to bedestroyed or so disposed of as to prevent itfrom being exposed for sale or used for foodor drink ; and the owner thereof, or theperson in whose possession the same wasfound, shall be liable to be convicted of anoffence under section 266 of the PenalCode.

(5) Where the Magistrate finds that thearticle so seized was fit for human food ordrink, he may make an order upon theCouncil to return such article, or suchportion thereof as may be in goodcondition, to the owner, or to the person inwhose possession such article was found,and to pay such owner or person suchreasonable amount as the Magistrateconsiders will compensate such owner orperson for any loss or depreciation that mayhave been caused by such seizure.

PART VIII

OFFICERS AND SERVANTS

THE MUNICIPAL MAGISTRATE

161. There shall be a MunicipalMagistrate appointed to each Municipality,and the Magistrate having jurisdictionwithin such Municipality may be appointedto be Municipal Magistrate, in addition tohis own duties.

162. Where a Municipal Magistrate hasbeen appointed for any Municipality, otherthan the Magistrate having jurisdictiontherein, such Municipal Magistrate may beappointed to be an Additional Magistrate,in addition to his own duties.

163. (1) A Municipal Magistrate shallhear, try, and determine any offencescommitted within the Municipality underthis Ordinance or under any by-laws, rulesor regulations made thereunder, and alsoany offences under any of the enactmentsmentioned in the first column of thefollowing tabular statement which areshown in the second column thereof astriable by a Municipal Magistrate, and shallhave jurisdiction to award such punishmentto the offender as is authorized by law :—

Appointmentof Munic ipa lMagistrate.

MunicipalMagistratemay beappointed tobe AdditionalMagistrate.

Thejurisdiction ofthe MunicipalMagistrate.

OFFENCES TRIABLE BY MUNICIPAL MAGISTRATES

Short title of enactment

The Auctioneers and Brokers OrdinanceThe Boats OrdinanceThe Bro the l s OrdinanceThe Bread OrdinanceThe Butchers OrdinanceThe Cemeteries and Burials OrdinanceThe Census OrdinanceThe Contagious Diseases OrdinanceThe Contagious Diseases (Animals) OrdinanceThe Excise OrdinanceThe Gaming OrdinanceThe Gas Meter OrdinanceThe Motor Traffic ActThe Nuisances OrdinanceThe Penal CodeThe Police OrdinanceThe Prevention of Cruelty to Animals OrdinanceThe Quarries Ordinance, 1S89The Rabies OrdinanceThe State Lands OrdinanceThe Surveyors Ordinance

Offence triable by Municipal Magistrate

Any offence under ihe OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the ActAny offence under the OrdinanceSections 257, 258, 259Any offence under the OrdinanceAny offence under ihe OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under Part V I I I of the OrdinanceAny offence under the Ordinance

XVIII/45


AdditionalMunicipalMagistrate.

Payment forservices ofMagistratewho isappointedMunicipalMagistrate inaddition to hisown duties,

Allowances,status, rights,salary andpension ofMunicipalMagistrateand paymentof expenses.

Short title of enactment

The Thoroughfares OrdinanceThe Tolls OrdinanceThe Vaccination OrdinanceThe Vagrants OrdinanceThe Vehicles OrdinanceThe Weights and Measures OrdinanceThe Wells and Pits Ordinance*The Food and Drugs ActThe Medical Ordinance

(2) The President may, from time totime, by Order published in the Gazette,extend the jurisdiction of MunicipalMagistrates to offences not comprised in theforegoing statement.

164. There may, from time to time, beappointed an Additional MunicipalMagistrate for any Municipality ; and everyAdditional Municipal "Magistrate shall, asregards offences committed within theMunicipality, have the same powers andjurisdiction as a Municipal Magistrate.

165. Where the Magistrate havingjurisdiction within any Municipality isappointed to be Municipal Magistrate forsuch Municipality in addition to his ownduties, the Municipal Council shall, out ofthe Municipal Fund, pay to the DeputySecretary to the Treasury in respect of theservices of the said Magistrate as MunicipalMagistrate such sum as may, from time totime, be fixed by the Minister in charge ofthe subject of Justice with the concurrenceof the Minister in charge of the subject ofFinance.

166. (1) Where any person other thanthe Magistrate having jurisdiction in anyarea within which a Municipali ty is situatedis appointed Municipal Magistrate for theMunicipality or where a person is appointedto act temporarily as Municipal Magistrate,such Municipal Magistrate shall—

(a) by reason of such appointmentb e c o m e a n o f f i c e r of t h eGovernment of Sri Lanka and shallfor the purposes of the Widows'and Orphans' Pension FundOrdinance, and for all otherpurposes be deemed to be a publicofficer; and

Offence triable by Municipal Magistrate

Any offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under the OrdinanceAny offence under ihe OrdinanceAn\ offence under the ActOffences under section 54 of the Ordinance

(b) be paid by the Deputy Secretary tothe Treasury such salary as may bevoted f o r tha t p u r p o s e byParliament and such passage ando t h e r a l l o w a n c e s as w o u l dordinarily be payable to an officerof the Government of Sri Lanka inreceipt of that salary ;

and the Municipal Council shall—

(i) refund to the Deputy Secretary to theTreasury all disbursements by wayof such salary and allowances madeto or in respect of such MunicipalMagistrate, and

(ii) if such Municipal Magistrate isgranted a pension or gratuity onretirement or otherwise, or if uponhis death any gratuity is granted toany of his dependants, in respect ofhis services as an officer of theGovernment of Sri Lanka, pay thewhole of such pension or gratuityto the Deputy Secretary to theTreasury, or such portion thereof asmay be certified by the Secretary tothe Treasury to have been grantedto him in respect of his services assuch Municipal Magistrate.

(2) (a) Where any such MunicipalMagistrate as is referred to in subsection (1)is granted leave of absence, an officer maybe appointed to act temporarily asMunicipal Magistrate in his place andduring his absence.

(b) Such acting officer shall be paid bythe Deputy Secretary to the Treasury suchsalary and allowances as the Minister incharge of the subject of Justice with theconcurrence of the Minister in charge of the

* Repealed and replaced by the Food Act with effect from 1st February, 1981.

XVIII/46


Oath to betaken by theMunicipalMagistrate.

Procedure inMunicipalCourt.

Stamp dutiesin proceedingsin MunicipalCourt.

The MunicipalCommissioner.

subject of Finance may direct, and theMunicipal Council shall, in addition to theamount for which it may be liable undersubsection (1) (b), refund to the DeputySecretary to the Treasury all disbursementsmade as salary or allowances to such officerduring the period of his appointment:

Provided that the total of the sum whichthe Municipal Council shall be liable so torefund shall not be greater than the amountfor which it may be liable under subsection(1) (A) (i) during the said period.

(3) The expenses incurred in theestablishment and maintenance of the courtof any Municipal Magistrate referred to insubsection (1) shall be paid out of theConsolidated Fund and shall be refunded tothe Consolidated Fund by the Council.

167. Every Municipal Magistrate shall,before commencing to exercise the functionsof his office, take and subscribe the oath ofallegiance and office in the form set out inthe First Schedule, and such oath shall beenrolled in the court of such MunicipalMagistrate, and the copy of such enrolmentshall be forthwith transmitted to theRegistrar of the Supreme Court to be filedof record in that court.

168. All proceedings before a MunicipalMagistrate shall be conducted and governedby the rules, forms, and procedureprescribed for and observed by Magistrates'Courts, and, subject to the provisions ofthis Ordinance, no appeal shall lie fromany judgment or order of a MunicipalMagistrate, except as provided for by theCode of Criminal Procedure Act, or by anyother law for the time being in force, inrespect of appeals from any judgment ororder of a Magistrate's Court.

169. The provisions of any enactmentfor the time being in force relating to thestamp duties chargeable in respect ofproceedings in Magistrates' Courts shallapply to proceedings in the court of aMunicipal Magistrate.

OFFICERS AND SERVANTS OF THE COUNCIL

170. (1) There shall be a MunicipalCommissioner for each Municipal Council.The Municipal Commissioner shall, next to

the Mayor, be the chief executive officer ofthe Council and all other officers andservants shall be subordinate to him.

(2) The Commissioner shall exercise,perform and discharge all the powers, dutiesand functions conferred or imposed upon,or vested in, or delegated to him by orunder this Ordinance or any other writtenlaw.

(3) The Commissioner, in the exerciseand performance of the powers, duties andfunctions delegated to him under thisOrdinance, shall not act in opposition to,or in contravention of, any resolution,decision, direction or order of the Council,except with the permission in writing of theMayor, in cases of extreme urgency, whenthere will not be sufficient time to call aspecial meeting of the Council.

(4) In the event of the vacation of the [§ 104, Law 24office of both the Mayor and the Deputy of I977.]Mayor by death or resignation or for anyother cause, then during the periodintervening between the vacation of office ofthe Deputy Mayor and the election of a newMayor the Commissioner may exercise,perform and discharge all the rights,privileges, powers, duties and functionsvested in or conferred or imposed on theMayor by this Ordinance or any otherwritten law.

powers.

171. (1) The Commissioner may, with Delegation ofthe consent of the Council, by general or Commissioner's

, , special order in writing, delegate to anyofficer of the Council any of the powers,duties or functions conferred or imposedupon, or vested in or delegated to him asCommissioner by this Ordinance or anyother written law.

(2) T h e e x e r c i s e , d i s c h a r g e orperformance by any officer of the Councilof any power, function or duty delegated tohim by order of the Commissioner shall besubject to such conditions and restrictions,and limited to such purpose or purposes, asmay be specified in the order ; and any suchdelegation may at any time be varied orcancelled by order of the Commissioner.

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Commissionerto havecustody ofbooks, &c.

Limitation ofpowers.

CharityCommissioner.

172. The C o m m i s s i o n e r s h a l l beresponsible for the custody of all books,deeds, contracts, accounts, vouchers andother documents and papers of the Counciland shall permit any Councillor to inspector peruse the same in the Municipal office.

173. T h e e x e r c i s e , d i s c h a r g e orperformance by any officer of the Councilof any power, function or duty delegated tohim by resolution of the Council shall besubject to such conditions and restrictions,and limited to such purpose or purposes, asmay be specified in the resolution ; and suchdelegation may at any time be varied orcancelled by resolution of the Council.

174. (1) A Municipal Council may, atany time, by resolution create the office ofCharity Commissioner of the Council.

(2) The d u t i e s of t he C h a r i t yCommissioner may be defined by theCouncil and may include, inter alia—

(a) the giving of assistance and advice toexisting charitable societies orinstitutions for the purpose ofpreventing waste of effort andextending the activities of suchsoc ie t i e s or i n s t i t u t i o n s , andgenerally for such other purposes asmay be necessary;

(b) the making of reports to the Councilas to t h e e x p e n d i t u r e ofcontributions made by the Councilto any such societies or institutions ;

(c) the systematic study of poverty,distress, and unemployment and themaking of proposals for theprevention thereof;

(d) the consideration of applications forrelief and the direction of applicantsto the most appropriate society orinstitution; and

(e) the keeping of records or registers ofapplicants for relief or persons insearch of employment.

175. (1) A Municipal Council may, by Executive postsresolution, declare the posts or offices in the and executlveservice of the Council which are to bedeemed to be executive posts. The holdersfor the time being of such posts and theCharity Commissioner, if any, of theCouncil shall, together with the MunicipalCommissioner, be deemed to be executiveofficers of the Council.

(2) The executive officers of the Councilshall exercise and perform all the powers,duties and functions, conferred or imposedupon, or vested in, or delegated to themunder this Ordinance or any other writtenlaw.

176. The salary, allowances andconditions of service of any executive officerof a Municipal Council, being an officerwhose services are lent by the Governmentto the Council, shall be determined bythe Minister after consultation with theCouncil, and such salary and allowancesshall be paid to such officer by the Council.The Council shall further pay to theGovernment such contribution as may berequired by the Government in respect ofthe pension, leave, pay and other privileges,which would have accrued to the officer ifhe had not been employed in the service ofthe Council.

177. Notwithstanding anything in anyother written law, the Commissioner may, ifso authorized by the Council, from time totime, appoint or promote any person to anypost or office in the service of the Council(other than a post in the Local GovernmentService)* the initial salary of which does notexceed such sum as may be specified in theresolution of the Council whereby suchauthority is delegated to the Commissioner.

178. Every person who is appointed toact in the place of any officer or servant of aMunicipal Council, during the absence ortemporary incapacity of such officer orservant, or during any vacancy, shallexercise, perform and discharge all thepowers, duties and functions conferred orimposed upon, or vested in, or delegated tosuch officer or servant, and shall be subjectto the same liabilities, restrictions and

Governmentservants asexecutiveofficers.

Power ofCommissionerto makeappointmentsandpromotions.

Actingappointments.

• Vide also the Local Government Service Law.

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officers.


conditions of service as the said officer orservant and shall, where such actingappointment is made in pursuance of thepowers conferred by this Ordinance, receivesuch salary and allowances as the Councilmay determine.

179. No person who—

(a) has directly or indirectly any concernor interest in any contract or workmade with or executed for aMunicipal Council, or is ashareholder, director, secretary,manager or other officer of a jointstock company which has any suchconcern or interest; or

(b) is acting professionally in relation toany matter on behalf of any personhaving any such concern or interest,

shall be appointed to any post or office inthe service of the Council.

180. Any officer or servant of aMunicipal Council who has directly orindirectly any concern or interest in anycontract or work made with or executed forthe Council shall be liable to dismissal fromhis office or employment; and if his concernor interest is otherwise than as a shareholderin a Joint stock company he shall be guiltyof an offence and shall, upon convictionafter summary trial before a Magistrate, beliable to a fine not exceeding five hundredrupees.

181. Any officer or servant of aMunicipal Council (other than a member ofthe Local Government service), may besuspended or dismissed, or fined or reducedin status, or any increment to his salary maybe withheld for any specified period for anybreach of departmental rules or discipline orfor carelessness, incompetence, neglect ofduty or other misconduct—

(a) by the Council, if such officer orservant receives a salary exceedingone hundred rupees a month ; and

(b) by the Mayor, if such officer ors e r v a n t receives a sa la ry not

exceeding one hundred rupees amonth.

182. (1) Subject to the provisions of Leave ofsubsection (2), leave of absence may be absence-

granted to any officer or servant of aMunicipal Council (other than a member ofthe Local G o v e r n m e n t s e r v i c e ) inaccordance with by-laws made by theCouncil for that purpose under theprovisions of section 272 of this Ordinance.

(2) Where an officer or servant of aMunicipal Council is an officer or servantwhose services are lent by the Governmentto the Council, leave of absence may begranted to him by the Secretary to theMinistry, after consulting the Council, uponthe same terms and conditions as thoseupon which leave of absence would begranted to him under the FinancialRegulations of the Government.

183. (1) A Municipal Council may Providentestablish and maintain a provident fund for fund.

the benefit of any of its servants who are notmembers of the Local Government service,make contributions out of the MunicipalFund to that fund, regulate the managementand i n v e s t m e n t t h e r e o f , f i x thecontributions to be made thereto by, andthe payments to be made therefrom to, suchservants and make all such by-laws as maybe necessary in that behalf.

(2) Notwithstanding that a MunicipalCouncil is not empowered by this section togrant or make rules for granting pensions,annuities or retiring allowances to officersor servants of the Council or to the widows,children, next of kin and dependants of anysuch officer or servant, any rules made bythe Council in relation to the mattersaforesaid under any repealed enactmentshall continue in force for the purposes ofthe application of sections 57 and 58 of theLocal Government Service Ordinance* andno further.

Disqualifi-cations forappointment toany post oroffice in theservice of theCouncil.

Officers andservants not tobe interested incontracts ofCouncil.

Suspension,punishment.and dismissalof officers andservants.

* Repealed by Act No. 18 of 1969, itself repealed by Law No. 16 of 1974.

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Ex gratiapayment ofpension,annuity,gratuity, orretiringallowance.

[§3, 1 5 of1957.][§ 2, 39 of1958.]

[ § 3 . 1 5 of1957.]

[§ 3. 15 of1957.]

184. (1) A Municipal Council may,with the approval of the Minister givenafter consultation with the Minister inc h a r g e of t h e s u b j e c t of P u b l i cAdministration, grant out of the MunicipalFund—

(a) to any person who retires or hasretired from service as an officer ora servant of that Council, and

(b) to any person who, not being aciti/en of Sri Lanka, ceases ur hasceased to be an officer or a servantof that Council by reason of hisinability to continue to remain inSri Lanka, owing to the expiry ofthe period for which he has beenauthori/.ed under the Immigrantsand Emigrants Act to remain in SriLanka,

a pension, gratuity, or retiring allowance inrespect of any period of that service, and ofservice in any business or undertaking takenover by the Council prior to his becomingan officer or servant of the Council, forwhich no pension, gratuity, or retiringallowance, or no adequate pension, gratuity,or retiring allowance, is payable under anyby-laws or rules of that Council or underany pension scheme established or deemedto be e s t a b l i s h e d u n d e r the LocalGovernment Service Law.

Any such officer or servant to whom apension is granted under the precedingprovisions of this subsection may. at hisoption which shall be exercised within suchperiod as may be determined by theCouncil, be paid. in lieu of such pension, apension at the rate of three-fourths of suchpension, together with a gratuity equal toten times the annual value of the reductionso made in such pension.

( I A ) Where no pension, annuity orgratuity or no adequate pension, annuity orgratuity is payable to the widow, children,next of kin or dependants of any deceasedofficer or servant of the Council under anyby-laws or rules of that Council or underany scheme or fund established under theLocal Government Service Ordinance, theCouncil may, with the approval of theMinister given after consultation with theMinister in charge of the subject of Public

Administration, grant out of the MunicipalFund to such widow, children, next of kinor dependants a pension, annuity orgratuity.

(2) Noth ing in subsection (1) or [§3,15 ofsubsection ( IA) shall be deemed or 1957-]construed to confer on any person any rightto any pension, annuity, gratuity or retiring [§ 3, 15 ofallowance under either of those subsections. 1957]

184A. (1) A Municipal Council may,with the approval of the Minister given withthe concurrence of the Minister in charge ofthe subject of Public Administration, makerules providing for the establishment of, andmay establish in accordance with such rules,a scheme for the payment of gratuities totemporary officers and servants of thatCouncil upon their discontinuance from theservice of that Council.

(2) Rules under subsection (1) may be somade by a Municipal Council as to beapplicable to temporary officers andservants of that Council who have beendiscontinued from the service of thatCouncil before the coming into operation ofthe rules.

184B. Any member of the LocalGovernment Service or any other personnot being a member of that Serviceemployed by a Municipal Council, whoretires or has retired from such service andwho exercises or has exercised the option ofcommutation of his pension, may, witheffect from the date following the expiry ofa period of ten years from the date of hisretirement or from February I, 1977,whichever date is the later, be paid by thatCouncil, the full pension which would havebeen paid to him had he not exercised suchoption:

Power toestablishgratuityscheme.[§4,15of1957.]

Power lu grantfull pension tomembers of theLocalGovernmentService andothers who hadexercisedoption otcommutationof pension.[§ 2, Law 5 pf1975.][§2, 18 of1979.][§ 2. 18 of1979.]

Provided, however, that in a case where [§2, 18 ofthe date following the expiry of the periodof ten years falls on a date later than thefirst day of a month, the date ofcommencement of such pension shall be thefirst day of the following month.

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1979.]


[§ 2,Law 5 of1975.]

MunicipalFund and itsconstituents.

In this section, " member of the LocalGovernment Service " means member of theLocal Government Service constituted by—

(a) the Local Government ServiceOrdinance, No. 43 of 1945 ;* or

(b) the Local Government Service Act,No. 18 of 1969 ;† or

(c) the Local Government Service Law.

PART IX

THE MUNICIPAL FUND

185. (1) Every Municipal Council forits general financial purposes shall establisha Municipal Fund.

(2) There shall be payable into theMunicipal Fund—

(a) all rates, taxes, duties, fees and othercharges levied by the Council byvirtue of this Ordinance or of anyother written law;

(b) all fines levied and penaltiesrecovered under the authority ofthis Ordinance or under anyenactments specified in the tabularstatement in section 163 or inrespect of any offence to which thePresident extends the jurisdiction ofthe Municipal Magistrate;

(c) the amount of all stamp duties andfees specified in the SecondSchedule;

(d) all sums realized by sales, leases orother transactions of the Council;

(e) all revenue derived by the Councilfrom any property vested in theCouncil, or by the administration ofany public service;

(f) all sums and all sources of revenue,from time to time, appropriated ormade over to the Council byParliament, whether by resolutionor otherwise;

Moneysreceived by theCouncil to belodged with thebank.

Power to investany part of theMunicipalFund.

(g) subject to any special appropriationmade by the Minister, all grantsallocated to the Council by theMinister;

(h) all sums otherwise accruing to theCouncil in the course of the exerciseof its powers and duties.

186. All moneys received by aMunicipal Council and payable into theMunicipal Fund shall be lodged with anapproved bank, and shall be credited to anaccount entitled " the Municipal Fund ".

In this section " approved bank *' means abank specified by the Minister by Orderpublished in the Gazette as a bank in whichthe moneys of any Municipal Council,Urban Council or Town Council may bedeposited.

187. Any part of the Municipal Fundmay be invested by a Municipal Council inany one or more of the following securitiesand in no others :—

(a) stock or other securities of theGovernment of Sri Lanka;

(b) debentures issued by the StateMortgage and Investment Bank ;

(c) any other securities guaranteed bythe Government of Sri Lanka.

188. (1) There shall be paid out of the Application ofMunicipal Fund established by each Municipal,, . . , ,-, ., Fund.Municipal Council—

(a) all sums payable by the Council inrespect of any liability incurredu n d e r t h e W o r k m e n ' sCompensation Ordinance;

(b) all sums payable by the Council aspremium for the insurance of anyproperty belonging to or vested inthe Council, or for insuranceagainst any liability that may beincurred by the Council underthe Workmen's CompensationOrdinance;

* Chapter 264 u f t h e 1956 Revised Edition of the Legislative Enactments, is repealed by Act No. 18 of 1969. † Repealed by Law No. 16 of 1974.

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[§ 5, 15 of1957.]

(c) all sums which the Council isauthorized or required to refund byor under this Ordinance or anyother written law;

(d) all expenses incurred by the Councilin the construction, maintenance,extension and alteration of streets,bridges, causeways and the like; theacquisition of land necessary forany of these purposes, the lightingof public streets, places andbuildings ; the regulation of traffic,and the prevention and removal ofobstructions in public streets orplaces; the naming of streets, thenumbering of houses, the plantingof trees in streets and the erectionand maintenance of shelters instreets for the use of passengers byomnibus; the regulation ofbuildings, the removal of undueprojections, and the control,supervision and removal ofdangerous places, buildings, tradesand practices;

(e) all expenses incurred by the Council.in the construction, maintenance,supervision, and control of markets,bathing and washing places,q u a r a n t i n e and d i s i n f e c t i n gs ta t ions , seg rega t ion camps,h o s p i t a l s , c a t t l e m a r t s andslaughterhouses, latrines, privies,urinals, drains and sewerage,drainage works and other worksconnected therewith ; any form ofpublic vehicular service includingtramways; waterworks, drinkingfountains, tanks, wells, parks andgardens; the reclamation ofunhealthy localities, and othersanitary measures of a tike nature;and the acquisition of land requiredfor any of the above-mentionedpurposes;

(ee) all sums voted by the Council todefray the cost of refreshmentsserved to Councillors, officers andservants of the Council attendingany meeting of the Council or anycommittee of the Council;

(f) all expenses i n c u r r e d by theCouncil in the establishment andmaintenance of housing schemesin genera l and in par t icu lar ,the acqu i s i t ion , cons t ruc t ion ,m a i n t e n a n c e , e n l a r g e m e n t ,improvement, alteration, repair,operation, management, and lettingof dwellings, for the use of theworking classes, and of anybuildings for the use or convenienceof the inhabitants of such dwellings,and the doing of any act or thingnecessary or expedient to facilitateany such undertaking, and theacquisition of land or buildings forany such purpose;

(g) all expenses incurred by the Councilfor the cleaning and watering ofstreets and drains, scavenging; theremoval of night-soil and excessiveor n o x i o u s v e g e t a t i o n ; andgenerally the abatement of allnuisances;

(h) all sums payable by the Council forthe maintenance of schools ;

(i) all expenses incurred by the Councilin t h e e s t a b l i s h m e n t a n dmaintenance of Municipal services,the construction, purchase, andmaintenance of all buildingsrequired in order to give effect tothe purposes of this Ordinance, thesurvey of houses and lands, and allother works, matters, and servicesnecessary for or conducive to publicsafety, health, or convenience ;

(j) all expenses incurred by the Councili n t h e e s t a b l i s h m e n t a n dmaintenance of maternity andchild-welfare services, the trainingof midwives for the purposes of anymaternity service established by theCouncil, and charities or measuresfor the relief of distress caused byrain, floods, fire, earthquake,famine, or epidemics;

(k) all contributions voted by theCouncil for the purposes ofrecreation or entertainment in theM u n i c i p a l i t y or t o w a r d s the

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[§ 105, Law 24of 1977.]

s u p p o r t of a n y l a w l i b r a r yestablished within the Municipality,or for the relief of the poor or thesuppor t of any c h a r i t a b l e orbenevolent society or institution, orfor any fund or scheme constitutedor established for the purpose ofgranting relief or assistance toofficers or servants of the Councilin cases of sickness, indebtedness ordistress ;

(l) such contributions not exceeding inthe aggregate one thousand rupeesin any year as may be voted by theCouncil towards the cost of anypublic ceremonies, and any othercontributions voted by the Council,with the prior sanction in writing ofthe Minister, towards the cost ofany such ceremonies;

(m) all sums allocated by the Council tothe Mayor to be expended at hisdiscretion on civic receptions or thecelebration or observance of anyevent or occasion of public interest;

(mm) all allowances payable to theM a y o r , Depu ty M a y o r andCouncillors at such rates as may beprescribed by regulations madeunder section 289;

(n) all expenses incurred by the Councilin the maintenance of a fire brigade,and the protection of life andproperly from fire;

(o) all expenses incurred by the Councili n t h e e s t a b l i s h m e n t a n dmaintenance of any form of publicservice which the Council isauthorized to establish, maintain orprovide by or under this Ordinanceor any other written law;

(p) the expenses incurred by the Councilin t h e e s t a b l i s h m e n t a n dmaintenance of public librarieswithin the Municipality;

(q) all expenses incurred by or on behalfof the Municipal Commissioner inthe exercise of his powers and the

performance of his duties as a localauthority under the PetroleumOrdinance;

(r) all expenses incurred by the Councilor by the Mayor or t h e [ § 8, 48 ofCommissioner or any officer of the 1971.]Council on behalf of the Council inthe exercise of its or his powers andthe discharge of its or his functionsand duties under this Ordinance orany other written law or any by-law, rule or regulation madethereunder; and

(s) all sums which are required orauthorized to be paid out of thefund by or under this Ordinance orany other written law.

(2) The Minister may sanction anyexpenditure not authorized by the terms ofparagraph (1) of subsection ( I ) which maybe or may have been in good faith incurredby mistake or inadvertence in supposedpursuance of that paragraph.

(3) The Municipal Council of Colomboshall pay annually, out of the MunicipalFund, to the committee of the ColomboLaw Library a sum of one thousand fivehundred rupees.

189. All orders or cheques for thepayment of moneys out of the MunicipalFund shall be signed by two officersspecially authorized by the Council for thatpurpose, and the bank in which the fund isestablished may pay all orders or chequesagainst the said fund which are so signed,

190. At each general meeting of aMunicipal Council, the Mayor shall submitto the Council a statement of receipts anddisbursements on account of the MunicipalFund from the close of the previous year upto the close of the month preceding that inwhich the meeting lakes place. Suchstatement, together with the minutes of theproceedings of the meeting, shall beforwarded forthwith to the Commissioner ofLocal Government, and shall be publishedin the Gazette.

Orders,cheques, &c.,for paymentout of thefund.

Statement ofreceipts,disbursements,&c., onaccount ofthe fund.

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Purposes forwhich moneymay beborrowed.

Limitation ofborrowingpowers.

PART X

LOANS

191. Subject to the provisions of section192, a Municipal Council may, with thesanction of the Minister, borrow such sumsas may be required for any of the followingpurposes:—

(a) the carrying out of any work of apermanent character undertakenunder the provisions of thisO r d i n a n c e or any repea ledenactment;

(b) the es tabl ishment , completion,improvement or development, ofany public service undertaken asaforesaid ;

(c) the acquisition of any land orbuilding required for the purposesof or in connexion with any suchwork or public service ;

(d) any machinery, plant or equipmentrequired for the purposes of anysuch public service:

Provided that the sanction of the Ministershall not be necessary for borrowing anysuch sum if the amount outstanding inrespect of all loans already raised by suchCouncil does not exceed the total incomereceived by such Council during the threeyears immediately preceding the year inwhich that sum is to be borrowed.

192. The a m o u n t at a n y t i m eoutstanding in respect of all loans raised byany Municipal Council under the authorityof this Part shall not exceed in the aggregateten times the fair average annual incomereceived by the Council from all rates, taxes,properties, and other sources of income forthe preceding five years, or, in the case ofany Municipal Council which has not beenin existence for five years, ten times itsincome for one year as appraised by theCouncil, subject to the approval of theMinister:

Provided that in any case in which theliabilities of any Municipal Council inrespect of its loans are wholly or mainly due

to the Government of Sri Lanka, theMinister may, by Order published in theGazette, authorize the limit prescribed bythis section to be exceeded to such extent asmay be stated in the Order.

193. Where a Municipal Council is Modes ofauthorized by or under this Part to borrow borrowing.money, the Council may, subject to theprovisions of this Part, raise the moneyeither—

by mortgage; or

(b) with the consent of the Minister, bydebentures issued under thisOrdinance; or

(c) with the consent of the Minister, byhousing bonds issued under thisOrdinance in any case where themoney is to be raised for thepurpose of a housing scheme.

194. (1) All moneys borrowed by aMunicipal Council under this Part shall becharged indifferently on all the rates, taxes,property and revenue of the Council.

(2) Subject to the provisions of thissection, all securities created by a MunicipalCouncil under this Part shall rank equallywithout any priority.

(3) Nothing in this section shall

(a) apply to any money borrowed underthis Part by way of temporary loanor overdraft without security; or

(b) affect any priority existing at, or anyright to priority conferred by asecurity created before, the dateof the commencement of thisOrdinance.

GENERAL PROVISIONS ASTO LOANS

195. (1) Every sum borrowed by aMunicipal Council under this Part shall berepaid within such period as the Council,with the sanction of the Minister, maydetermine.

Security forborrowing andpriority ofsecurities.

Period forrepayment ofmoneysborrowed.

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(2) Where any sum is borrowed by aMunicipal Council under this Part for thepurpose of meeting expenditure on theconstruction of new, or the extension or thealteration of existing works forming or toform part of an undertaking of a revenue-producing character, it shall be lawful forany annual provision required to be madeby the Council for the repayment of the sumso borrowed to be suspended for suchperiod (not being a period longer than theperiod during which the expenditureremains unremunerative, or the period offive years from the commencement of thefinancial year next after that in which theexpenditure commences to be incurred,whichever is shorter) and subject to suchconditions as the Minister may determine.

196. (1) The Mayor of a MunicipalCouncil shall , within one month after beingrequested so to do by the Minister, transmitto the Minister a return showing theprovision made by the Council for therepayment of moneys borrowed by theCouncil under this Part.

(2) The return shall show suchparticulars, shall be made up to such dateand shall be in such form, as the Ministermay require, and shall be certified by theofficer whose duty it is to keep the accountsof the Council.

(3) If it appears to the Minister fromany return made under this section orotherwise that the Council—

(a) has failed to pay any instalment orannual instalment required to bepaid; or

(b) has failed to appropriate to thedischarge of any loan any sumrequired to be so appropriated ; or

(c) has failed to set apart any sumrequired for a sinking fund ; or

( d ) has applied any portion of a sinkingfund to a purpose other than thoseauthorized by this Part or anyregulation made thereunder,

the Minister may by order direct that suchsum as is specified in the order, not

exceeding the amount in respect of whichthe default has been made, shall be paid orapplied in the manner and by the date setout in the order, and the Council shallnotify the Minister as soon as the order hasbeen complied with. The Council shall, if itis necessary to do so for the purpose ofcomplying with any such order, makepayments out of the Municipal Fund.

(4) An order made under the lastpreceding subsection may be enforced at theinstance of the Minister by mandamus.

(5) If a return required to be madeunder this section is not made, the person indefault shall be liable, on conviction aftersummary trial before a Magistrate, to a finenot exceeding two hundred and fifty rupees,and notwithstanding the recovery of anysuch fine the making of the return may beenforced, at the instance of the Minister, bymandamus.

197. The balance of any moneyborrowed by a Municipal Council underthis Part and not required for the purposefor which the money was borrowed may,with the consent of the Minister, and subjectto any conditions which he may impose, beapplied to any other purpose for whichmoney may be borrowed under this Part:

Provided that such consent andconditions shall not be necessary if suchmoney was borrowed, under the proviso tosection 191, without the sanction of theMinister.

Municipal Council under this Part shall notbe bound to inquire whether the borrowingof the money is or was legal or regular orwhether the money was properly applied,and shall not be prejudiced by any illegalityor irregularity in the matters aforesaid or bythe misapplication or non-application ofany such money.

PROVISIONS RELATING TO DEBENTURESAND HOUSING BONDS

199. For the purposes of any borrowingby a Municipal Council by means of anissue of debentures or hous ing bondsunder this Part, debentures or housing

198. A person lending money to a Lender relievedfrom certain

Balance ofunexpendedmoneys.

inquiries.

Creation, &c.,of debenturesand housingbonds.

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Retun to Minister.


Form ofmortgage.

Transfer ofmortgage.

Receipts onbehalf of jointholders andminors.

Repayment ofmoneysborrowed onmortgage.

Sinking fund-

bonds may be created, issued, transferred,dealt with and redeemed in such manner asmay be prescribed.

PROVISIONS RELATING TOMORTGAGES

200. A mortgage created under this Partshall be by deed made in such form as maybe prescribed or in a form to the like effect.

201. The person entitled to a mortgagecreated by a Municipal Council under thisPart may transfer it by deed made in suchform as may be prescribed or in a form tothe like effect.

202. (1) Where two or more personsare jointly entitled to a mortgage created bya Municipal Council under this Part, anyone of those persons may give an effectualreceipt for any interest thereon, unlessnotice in writing to the contrary has beengiven to the Council by any other of thosepersons.

(2) The receipt of the guardian of aminor shall be a sufficient discharge to aMunicipal Council for any money payableto the minor in respect of a mortgagecreated by the Council under this Part.

203. (1) Every sum borrowed underthis Pan by a Municipal Council by way ofmortgage shall be paid off either by equalyearly or half-yearly instalments ofprincipal, or of principal and interestcombined, or by means of a sinking fund, orpartly by one of those methods and partlyby another or others of them.

(2) S u b j e c t to t h e p r o v i s i o n s ofsubsection (2) of section 195, the payment ofthe first instalment or the first payment tothe sinking fund shall be made within suchperiod as may be prescribed.

(3) All instalments referred to insubsection (1) may be paid by the Councilout of the Municipal Fund.

204. (I) If a M u n i c i p a l C o u n c i ldetermines to repay by means of a sinkingfund any sums borrowed under this Part by

way of mortgage, the sinking fund shall beformed and maintained either—

(a) by payment, out of the MunicipalFund, to the sinking fundthroughout the fixed period of suchequal annual sums as will besufficient to pay off within thatperiod the moneys for therepayment of which the sinkingfund is formed ; or

(b) by payment, out of the MunicipalFund , to the s i n k i n g f u n dthroughout the fixed period ofsuch equal annual sums as witha c c u m u l a t i o n s at a rate notexceeding such rate as may beprescribed, or such other rate as theMinister may in any particular caseapprove, will be sufficient to pay offwithin that period the moneys forwhich the sinking fund is formed.

In this Part, a sinking fund formed underparagraph (a) of this subsection is referredto as a " non-accumulating sinking fund ",and a sinking fund formed under paragraph(b) thereof as an " accumulating sinkingfund ".

(2) Every sum paid to a sinking fundshall, unless applied in repayment of themoneys for the repayment of which thesinking fund is formed, be immediatelyinvested, with the approval of the Minister,in the securities prescribed in section 20 ofthe Trusts Ordinance for the investment oftrust property which consists of money.

(3) In the case of an accumulatingsinking fund, the interest received in anyyear from the investment of the sums setapart for the purposes of the sinking fundshall be paid into the Municipal Fund, butthe contribution to be made to the sinkingfund out of the Municipal Fund shall in thatyear be increased by a sum equal to theinterest that would have accrued to thesinking fund during that year if interest hadbeen accumulated therein at the rate percentum per annum on which the annualpayments to the sinking fund are based.

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(4) A Municipal Council may at anytime apply the whole or any part of asinking fund in or towards the discharge ofthe moneys for the repayment of which thesinking fund was formed :

Provided that, in the case of anaccumulating sinking fund, the Councilshall pay, out of the Municipal Fund, intothe sinking fund each year and accumulateduring the residue of the fixed period a sumequal to the interest which would have beenproduced by such sinking fund or partthereof so applied if invested at the rate percentum per annum on which the annualpayments to the sinking fund are based.

(5) Any surplus of a sinking fundremaining after the discharge of the wholeof the moneys for the repayment of which itwas formed shall be applied to suchpurpose, as the Council, with the consent ofthe Minister, may determine.

Adjustments of 205. (1) If at any time it appears to asinking fund. Municipal Council that the amount in a

sinking fund, together with the sums whichwill be payable thereto in accordance withthe provisions of this Part, and, in case ofan accumulating sinking fund, with theaccumulations thereon, will not be sufficientto repay within the fixed period the moneysfor the repayment of which the sinking fundis formed, the Council shall, eithertemporarily or permanently, make suchincreased payments, out of the MunicipalFund, to the sinking fund as will cause thesinking fund to be sufficient for thatpurpose, and if it appears to the Ministerthat any such increase is necessary, theCouncil shall increase the payments out ofthe Municipal Fund to such extent as hemay direct.

(2) If the Council desire to accelerate therepayment of any moneys borrowed underthis Part by way of mortgage, the Councilmay increase the amounts payable, out ofthe Municipal Fund, to the sinking fund.

(3) If the amount in a sinking fund,together with the sums which will bepayable thereto in accordance with theprovisions of this Part, and also, in the caseof an accumulating sinking fund, togetherwith the accumulations thereon, will in the

opinion of the Minister be more thansufficient to repay within the fixed periodthe moneys for the repayment of which thesinking fund is formed, the Council mayreduce the payments to the sinking fundeither temporarily or permanently to suchamounts as will in the opinion of theMinister be sufficient to repay within thefixed period the moneys for the repaymentof which the sinking fund is formed.

(4) If at any time the amount in asinking fund, together with theaccumulations thereon in the case of anaccumulating sinking fund, will in theopinion of the Minister be sufficient torepay the moneys for the repayment ofwhich the sinking fund is formed within thefixed period the Minister may authorize theCouncil to suspend the annual payments,out of the Municipal Fund, to the sinkingfund until the Minister otherwise directs.

SUPPLEMENTARY BORROWINGPOWERS

206. (1) Subject to the provisions of Temporarysection 192, a Municipal Council may, with loans, &c.the consent of the Minister, borrow by wayof temporary loan or overdraft from a bankor otherwise, any sums which the Councilmay temporarily require—

(a) for the purpose of defrayingexpenses pending the receipt ofmoneys receivable by the Council inrespect of the period of account inwhich those expenses arechargeable and taken into accountin the estimates made by theCouncil for that period ;

(b) for the purpose of defraying,pending the raising of a loan whichthe Council has been authorized toraise under this Part, expensesintended to be defrayed by meansof the loan:

Provided that the consent of the Ministershall not be necessary for borrowing anysuch sum if the amount outstanding inrespect of all loans already raised by suchCouncil does not exceed the total incomereceived by such Council during the threeyears immediately preceding the year inwhich that sum is to be borrowed.

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Power toreborrow.

(2) Where money is borrowed inpursuance of paragraph (h) of subsection ( I )and subsequently such a loan as ismentioned in that paragraph is raised, thenfor the purposes of the provisions of thisPart regulating the repayment of that loan,the loan shall, to the extent of the sumborrowed under the said paragraph, bedeemed to have been raised at the timewhen the borrowing under the saidparagraph took place.

207. (I) Subject to the provisions ofsection 192, a Municipal Council may, withthe consent of the Minister, borrow for thepurpose of—

(a) paying off any moneys previouslyborrowed under this Part by theCouncil and which are intended tobe repaid forthwith; or

(b) replacing moneys which, during thepreceding twelve months, have beentemporarily applied from othermoneys of the Council in repayingmoneys previously borrowed, andwhich at the time of suchrepayment it was intended toreplace by borrowed moneys:

Provided that the consent of the Ministershall not be necessary for borrowing anysum under the preceding provisions of thissubsection if the amount outstanding inrespect of all loans already raised by suchCouncil does not exceed the total incomereceived by such Council during the threeyears immediately preceding the year inwhich that sum is to be borrowed ;

Provided further that a MunicipalCouncil shall not have power to borrowunder this section—

(a) for the purpose of making anypayment to a sinking fund or ofpaying any instalment or makingany annual payment which has ormay become due in respect ofborrowed moneys; or

(b) for the purpose of replacing anymoneys previously borrowed whichhave been repaid—

(i) by instalments or annualpayments;

(ii) by means of a sinking fund;

(iii) out of moneys derived fromthe sale of land ;

(iv) out of capital moneys properlyapplicable to the purpose ofthe repayment, other thanmoneys borrowed for thatpurpose.

(2) Any moneys borrowed under thissection shall, for the purposes of repayment,be deemed to form part of the original loan,and shall be repaid within thai portion ofthe fixed period which remain unexpired,and the provisions which are for the timebeing applicable to the original loan shallapply to the moneys borrowed under thissection:

Provided that the Minister may, uponapplication made to him for that purpose,extend the period for the repayment of themoneys borrowed under this section so as toexpire on such date as he may think fit.

207A. If the Municipal Council fails tosanction the raising of a loan for thepurpose of fulfilling any duty imposed onthe Council or carrying out any work whichthe Mayor considers to be necessary, theMayor may, with the approval of theMinister, raise such loan and may exerciseall the powers vested in the Council underthe provisions of this Part as though suchpowers were conferred by this Part on theMayor.

REGULATIONS

208. ( I ) The Minister may make Regulations.regulations for the purpose of carrying outor giving effect to the principles andprovisions of this Part.

(2) In particular and without prejudiceto the generality of the powers conferred bysubsection (1), the Minister may makeregulations for or in respect of all mattersstated or required to be prescribed, and, inthe case of loans raised by the issue ofdebentures or housing bonds under thisPart, for or in respect of the followingadditional matters:—

(a) the terms of the issue of such loans ;

When Mayormay exercisepower ofCouncilrelating toraising ofloans,[§ 106. Law 24of 1977.]

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(b) the discharge of such loans;

(c) the security for such loans;

(d) the extension or variation of thetimes within which such loans maybe discharged;

(e) the consent of owners underdisability;

(f) the application of the enactmentsrelating to stamp duties and tocheques;

(g) the disposal of unclaimed dividends.

(3) No regulation made by the Ministerunder this section shall have effect until ithas been approved by Parliament, andnotification of such approval is published inthe Gazette.

(4) Eve ry r e g u l a t i o n shall uponnotification of such approval be as valid andeffectual as if it were herein enacted.

SAVINGS

209. Nothing in the provisions of thisPart shall, unless there is specific provisionin this Ordinance to that effect, apply to anyloans raised by a Municipal Council underany other Part or under any other writtenlaw or under any repealed enactment; andin the case of any loan raised by aMunicipal Council under any repealedenactment, the provisions of such repealedenactment relating to loans shall,notwithstanding such repeal, apply to suchloan in like manner and to the same extentas they would have applied if thatenactment had not been so repealed.

INTERPRETATION

210. For the purposes of this Part," fixed period ", in relation to any moneysborrowed under this Part, means the periodoriginally determined under section 195 (1)as the period within which such moneys areto be repaid.

Budget.

Budget to becirculated andopen toinspection.

PART XI

BUDGET, ESTIMATES, ACCOUNTS,AND CONTRACTS

BUDGET

211. After consultation with the severalstanding committees, the Mayor of eachMunicipal Council shall, on a date to befixed by him in each year, submit to theCouncil a budget containing an estimate ofthe available Municipal income and detailsof the proposed expenditure for the ensuingfinancial year.

212. Every budget of a MunicipalCouncil shall—

(a) be circulated among the Councillorsat least seven days prior to the datereferred to in section 211; and

(b) be open to inspection at theMunicipal office or at such otherplace as the Mayor may determine,for seven days prior to the said dateand notice thereof shall be given bythe Mayor in the Gazette and intwo or more of the newspaperscirculating within the Municipality.

213. Every Municipal Council shall Finalfinally consider the budget at a special considerationmeeting to be called in the last month of thefinancial year.

214. (1) The Mayor may at any time Supplementaryprepare a supplementary budget and lay it budgetbefore the Council.

(2) Every supplementary budget shall—

(a) be circulated among the Councillorsat least seven days prior to themeeting of the Council beforewhich it is laid ; and

(b) be open to public inspection at theMunicipal office or at such otherplace as the Mayor may determinefor seven days prior to the saidmeeting and notice thereof shall begiven by the Mayor in the Gazetteand in two or more of thenewspapers circulating within theMunicipality.

Savings.

Interpretation.

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sliit s sliit

of budget.


Power ofCouncil withregard lobudget andsupplementarybudget.

M ayor'spowers withregard tobudget,[§ 107, Law 24of 1977.]

Reduction orincrease ofexpenditure.[§ 108, Law 24of 1977,]

Lapse ofauthority forexpendituresanctioned bybudget.[§ 109. Law 24of 1977.]

Annualadministrationreport.

215. It shall be in the discretion of aMunicipal Council to pass, modify, or rejectall or any of the items in any budget orsupplementary budget or to add any itemthereto.

215A. If the Municipal Council modifiesor rejects all or any of the items in anybudget or supplementary budget or addsany item thereto and the Mayor does notagree with any such decision of the Council,he shall re-submit the budget orsupplementary budget to the Council forfurther consideration. Where a budget orsupplementary budget is not passed by theCouncil within two weeks after it is re-submitted, such budget or supplementarybudget shall, notwithstanding that it has notbeen passed by the Council, be deemed tobe the duly adopted budget orsupplementary budget of the Council.

216. The Mayor may in case ofnecessity, during any year reduce or increasethe expenditure under any head of thebudget or of any supplementary budget, ormay transfer the moneys assigned under onehead of expenditure to another head :

Provided that the total amount ofexpenditure sanctioned by the budget or byany supplementary budget passed by theCouncil shall not be exceeded.

217. The authority for expenditureconveyed by any budget or supplementarybudget passed by a Municipal Council ordeemed to be the duly adopted budget orsupplementary budget of such Council shallexpire at the end of the financial year towhich such budget relates.

ACCOUNTS

218. The Mayor shall, as soon aspossible after the close of each financialyear, prepare a detailed report of hisadministration during the previous year,with a statement showing the nature andamount of receipts and disbursements onaccount of the Municipal Fund during thatyear. Such report and statement shall besubmitted to the Council, and with anyresolutions that may be passed thereon bythe Council, shall be submitted to the

Minister within six weeks of the date whenthe same were first submitted to theCouncil.

219. The accounts of every Municipal Audit ofCouncil shall be audited by the Auditor- accounts.General or by such officers as may beauthorized by him, and he or they shallmaintain a continuous audit of suchaccounts.

220. For the purposes of any audit and Powers ofexamination of accounts under this audltors-Ordinance, the auditor or auditorsappointed by or under section 219 may, bysummons in writing, require the productionbefore him or them of all books, deeds,contracts, accounts, vouchers and the otherdocuments and papers which he or they maydeem necessary, and may require any personholding or accountable for any such book,deeds, contracts, accounts, vouchers,documents or papers to appear before himor them at any such audit and examinationor adjournment thereof, and to make andsign a declaration with respect to the same.

221. If any person neglects or refuses to Penalty.produce any books, deeds, contracts,accounts, vouchers, documents or papers, orto make or sign a declaration, whenrequired to do so under section 220, he shallbe guilty of an offence and shall be liable onconviction to a fine not exceeding onehundred rupees and to an additional finenot exceeding fifty rupees for each dayduring which such failure or neglect iscontinued after he has been convicted ofsuch offence.

222. The auditor or auditors shall Auditors'submit a monthly report of his or their audit reportto the Council, and shall also submit anannual report of such audit to the Counciland a duplicate of such annual report to theMinister as soon as possible after the closeof the financial year.

223. (I) The Minister may by written Irregularities inorder direct the auditor or auditors of the accounls-Municipal accounts appointed by or undersection 219 to call the attention of theCouncil to any material defect, improprietyor irregularity in the expenditure of moneysby, or in the recovery of moneys due to, theCouncil or in the Municipal accounts.

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Powers ofCouncil inrelation toauditors.

Remunerationof auditors.

Surcharges andappealstherefrom.

[§6, 15 of1957.]

(2) The Council shall report to theMinister as soon as possible the actionwhich it has taken, or which it proposes totake, in respect of any such defect,impropriety or irregularity.

(3) The Minister may make such ordersas he thinks fit upon such report, and suchorders shall be final and shall be compliedwith by the Council and all other persons.

224. A Municipal Council may, fromtime to time, require the auditor or auditorsof its accounts to furnish informationconcerning the extent, method or progressof any audit or to make any special audit.

225. Every Municipal Council shall,from time to time, pay out of the MunicipalFund to the Deputy Secretary to theTreasury as remuneration to the auditor orauditors of its accounts such sums as theMinister in charge of the subject of Financemay certify as reasonable for their services.

226. (1) E v e r y a u d i t o r of t h eMunicipal accounts of a Municipal Council,acting in pursuance of the powers conferredupon him by this Ordinance or any otherenactment, shall disallow every item of theMunicipal accounts which is contrary tolaw, and surcharge the same on the personmaking or authorizing the making of theillegal payment, and shall charge againstany person the amount of any deficiencyor loss incurred by the negligence ormisconduct of that person and any amountwhich ought to have been, but is not,brought into account by that person, andshall in each case certify the amount duefrom such person and communicate hisdecision in writing to such person throughthe Mayor:

Provided that no expenses paid by theCouncil shall be disallowed by any sucha u d i t o r if such expenses have beensanctioned by the Minister by virtue ofpower conferred on him in that behalf byany provision of this Ordinance.

(2) Before making any disallowance orsurcharge against any person, the auditorshall afford an opportunity to such personto be heard or to make any representationwith regard to the matter which he may

think fit, and shall in the event of hismaking such disallowance or surchargefurnish such person in writing, onapplication being made to him for thatpurpose, with the reasons for his decision inrespect of such disallowance or surcharge.

(3) Any person aggrieved by any suchdisallowance or surcharge may, withinfourteen days after the date of the decisionof the auditor being communicated to him,appeal therefrom to the Minister:

Provided that no such appeal shall beentertained in any case in which theappellant has failed or neglected to makeany representation with regard to the matterof such disallowance or surcharge after anopportunity to do so has been afforded tohim by the auditor in accordance with theprovisions of subsection (2).

(4) Upon any such appeal, the Ministershall decide the same according to themerits of the case, and may by order directthe recovery from the appellant of the wholeor any portion of the amount disallowed orsurcharged, if he thinks fit to do so; and ifhe finds that any disallowance or surchargehas been lawfully made, but that thesubject-matter thereof was incurred in suchcircumstances as to make it fair andequitable that the disallowance or surchargeshould be remitted, the Minister may byorder direct that the same shall be remitted,but that the amount of the costs andexpenses which may have been incurred bythe auditor in the enforcing of suchdisallowance or surcharge or any portionthereof, shall be recovered from suchperson.

(5) Any amount directed to be recoveredfrom any such person by any order made bythe Minister under this section mayforthwith be recovered by the Commissionerin the same manner as any sum certified tobe due by an auditor is recoverable underthe provisions of this section.

(6) Every sum certified to be due fromany person by any auditor as aforesaid shallbe paid by such person to the Commissionerwithin fourteen days after the decision ofthe auditor has been communicated to suchperson, unless there is an appeal against the

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Contractsinvolvingexpenditurenot exceedingone thousandfive hundredrupees.

Contractsinvolvingexpenditureexceeding onethousand fivehundredrupees.

decision ; and if such sum is not so paid andthere is no such appeal, it shall be the dutyof the Commissioner to recover the samefrom such person, and any sum so certified,together with all costs and expensesincurred in connexion with the enforcementthereof, may, on application to a Magistratehaving local jurisdiction, be recovered in thesame manner as if it were a fine imposed bysuch Magistrate.

CONTRACTS

227. The Commissioner may, on behalfof the Council, enter into any contract forthe execution or performance of any workor service, or for the supply of any articlesor materials, involving an estimatedexpenditure of not more than one thousandfive hundred rupees, if the contract will notor is not expected to endure for more thanone year. and the necessary funds have beenprovided for the same in a sanctionedbudget or by supplementary budget.

228. Any contract for the execution orperformance of any work or service or forthe supply of any articles or materials for aMunicipal Council, which involves anestimated expenditure of more than onethousand five hundred rupees, or which willor is expected to endure for more than oneyear, shall, if entered into in Sri Lanka, bereduced to writing, and signed by the Mayorand the Commissioner on behalf of theCouncil, and sealed with the common sealof the Council, and, in addition to suchother matters as may be deemed necessaryfor inclusion in any such contract, shallspecify—

(a) the work or services to be executedor performed, or the articles ormaterials to be supplied ;

(b) the price or rate to be paid for thework, service, articles or materials ;

(c) the time or times within which thework or service is to be completed,or the articles or materials are to besupplied ; and

(d) any penalty or penalties to beimposed in case of breach.

229. (I) Before any such contract as is Tenders.referred to in section 228 is entered into—

(a) the Commissioner shall, if theCouncil so directs, take sufficientsecurity for the due performance ofthe contract;

(b) the Commissioner shall, unlesso t h e r w i s e a u t h o r i z e d by aresolution of the Council in anyparticular case, call for tenders byadvertisement;

(c) the invitations to tender and thetenders, if any, or copies thereof,shall be laid before the Councilwhich shall either accept one ofsuch tenders, or reject all of them;and

(d) the contract shall be sanctioned bythe Council, after satisfying itselfthat the necessary funds have beenp r o v i d e d f o r t h e s a m e ina s a n c t i o n e d b u d g e t o rsupplementary budget.

(2) If the Council rejects any or all the [§ 110, Law 24tenders laid before the Council or fails to of 1977.]sanction the contract referred to insubsection (1), the Mayor may, with theapproval of the Minister, enter into suchcontract notwithstanding the provisions ofparagraphs (c) and ( d ) of subsection (1) ofthis section.

PART XII

RATES AND TAXES

*230. (1) Subject to the provisions Assessment ofhereinafter contained, every Municipal properly.Council shall, from time to time, so often asit thinks necessary, make and assess, withthe sanction of the Minister, any rate orrates on the annual value of all houses andbuildings of every description, and of alllands and tenements whatsoever within theMunicipality.

* Application modified in such areas as may be specified in an Order under section 2 of the Rating andValuation Ordinance.—See section 76 thereof.

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[§2.8 of 1967.] ( IA) In pursuance of the powers of aMunicipal Council under subsection (1), anyCouncil may, with the sanction of theMinister, impose different rates for differentareas or parts of the Munic ipa l i ty accordingto the services provided by such Council foreach such area or part.

[ § 2 , 5 7 of1979.]

[§ 2, 57 of1979.]

(1B) It shall be lawful for the Minister toauthorize the waiver of the whole or anypart of the rates imposed by the Councilunder this section in any past year and anycosts incurred for the purpose of recoveringthose rates where—

(a) he is of the opinion that such rateshave been imposed without theprovision of adequate services ; or

(b) he determines, with the approval ofthe Government, that such waiver isjust and equitable in all thecircumstances of the case.

(Ic) Where the Minister has undersubsection ( I B ) authorized the waiver of thewhole or part of any rates imposed and anycosts incurred, the Council shall—

(a) where such rates and any costsincurred have been paid, set offsuch amount of the rates and costswaived, against future rates due onthe property in respect of whichsuch rates have been paid ;

(b) where such rates and any costsincurred have not been paid, waivethe amount of such rates and costs.

No person shall have a right to a refund ofsuch amount.

Mayor, with the sanction of theCouncil, may direct, and

(d) shall be assessed and levied in themanner provided by this Ordinanceor by any by-law made thereunder;

Provided that—

(i) no house, building, land, or tenementshall pay less than one rupee a yearin respect of such rate or rates ;

(ii) all houses, buildings, lands, ortenements which are situated withinan area not benefited by theconservancy service provided by theCouncil shall be exempt from anyportion of such rate or rates that isdeclared by a resolution of theCouncil to be levied for the purposeof providing such service; and

(iii) all school b u i l d i n g s , bui ld ingswholly or mainly used for religiouspurposes, public libraries, burialand cremation grounds, andbuildings in charge of militarysentries shall be exempted from thepayment of such rate or rates.

(3) Every Municipal Council shall allowa discount of ten per centum of the amountof any annual rate payable under thissection if such rate is paid on or before thethirty-first day of January of that year orwhere such rate is payable in instalments aMunicipal Council shall allow a discount offive per centum of the amount of instalmentof rate due if such amount is paid within thefirst one month of the period for which theinstalment of rate is due.

[§3,42 of1979.]

(2) Such rate or rates—

(a) shall endure for any period notexceeding twelve months,

(b) shall not exceed in the aggregate themaximum rate or rates from t ime totime determined by the Minister,

(c) shall be payable by such instalmentsa n d a t s u c h t i m e s as t h e

*231. All houses, buildings, lands, and Assessment oftenements within the Municipality state property.belonging to the State, and leased or let bythe State to any person, shall be liable to beassessed in respect of the rate or ratesleviable under section 230 ; and every lesseeor occupier of any such premises shall beliable to pay, and shall pay to the Council,the rate or rates leviable in respect of thehouse, building, land, or tenement so heldor occupied.


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Property of theState not liableto seizure andsale.

Division orconsolidationof properly forassessment-

Return forpurposes ofvaluation.

*232. No property whatever of theState, whether movable or immovable, shallbe liable to be seized or sold for therecovery of any rate or rates, tax or taxes,which may be due from any person holding,occupying, or enjoying any house, building,land, or tenement the property of the State,under any agreement, contract, or permit,either express or implied, with or from theState.

†233. (1) The Council may, from timeto time, as often as it may think necessaryfor the purpose of assessment, divide anyhouse, building, land, or tenement, andconsolidate any separate houses, buildings,lands, or tenements whatsoever within theMunicipality, and assess, in respect of anyrate or rates leviable under this Ordinance,each such divided portion separately, andeach such consolidated premises as a whole :

Provided that in the case of any suchconsolidation the consolidated premisesshall be assessed at the aggregate annualvalue of the several houses, buildings, lands,or tenements of which such premises arecomposed.

(2) The Council shall cause a notice ofsuch division or consolidation to be given toevery occupier, whether he be proprietor,joint proprietor or tenant, of each suchhouse, building, land, or tenement.

(3) Nothing in this section shall bedeemed to affect the requirements of section235 regarding the service of notice ofassessment.

(4) The assessed annual value of anypremises so dealt with shall not, by reasonof such division or consolidation, beincreased or reduced for the year in whichthe division or consolidation is made.

†234. (1) In order to enable aMunicipal Council to assess the annualvalue of any house, building, land, ortenement liable to be rated, the Council mayrequire the owner and occupier of suchhouse, building, land, or tenement to

furnish returns of the rent or annual valuethereof, and for the like purpose it shall belawful for any person authorized in thatbehalf by the Council at any time betweensunrise and sunset, to enter and inspect andsurvey such house, building, land, ortenement.

(2) It shall be the duty of the owner ofany house, building, land, or tenement tonotify in writing to the Council thecompletion of any new building or of anyaddition to any existing building, intendedfor occupation.

(3) Every person who—

(a) fails or neglects to furnish the returnherein specified within seven daysfrom the day on which he isrequired to do so ; or

(b) knowingly makes a false or incorrectreturn; or

(c) hinders, obstructs, or prevents anyperson authorized as aforesaid fromentering or inspecting or, if need be,surveying any such house, building,land, or tenement; or

(d) fails to notify the completion of anynew building or of any addition toan existing building within fourteendays from the date of suchcompletion,

shall be guilty of an offence, and shall beliable on conviction to a fine not exceedingone hundred rupees.

†235. (1) The Council shall cause to be Valuation ofkept a book, to be called the" Assessment property.

Book ", in which the annual value of eachhouse, building, land, or tenement withinthe Municipality shall be entered every year,and shall cause to be given public noticethereof and the place where the assessmentbook may be inspected.

(2) Every owner or occupier of anyhouse, building, land, or tenement, or hisauthorized agent, shall be permitted free of

* Application modified in such areas as may be specified in an Order under section 2 of the Rating andValuation Ordinance. —See section 76 thereof.

† Shall not have effect in such areas as may be specified in an Order under section 2 of the Rating and ValuationOrdinance.—See section 76 thereof.

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charge, to inspect any portion of the saidassessment book which relates to hispremises.

(3) The Council shall cause a notice ofassessment in Sinhala, Tamil and English tobe served on or left at the premises of everyoccupier, whether he be proprietor, jointproprietor, or tenant of the house, building,land, or tenement assessed. The said noticeshall be substantially in the form set out inthe Third Schedule, and there shall beappended thereto a demand of payment ofthe rate or rates leviable within such timeand in such proportions as the Council maydeem reasonable.

(4) Such notice shall further intimatethat written objections to the assessmentwill be received at the Municipal officewithin one month from the date.of serviceof the notice.

(5) The Council shall cause to be kept abook to be called the " Book ofObjections", and cause every objection toan assessment to be registered therein. TheCouncil shall cause to be given notice inwriting to each objector of the day on whichand the place and the time at which hisobjections will be investigated.

(6) At the time and place so fixed theCouncil shall cause to be investigated theobjections, in the presence of the objector(or an agent authorized by him in writing) ifeach objector or agent appears or in hisabsence if such objector or agent does notappear. Such investigation may beadjourned, from time to time, forreasonable cause.

(7) W h e n a n y o b j e c t i o n t o anassessment is disposed of, the Council shallcause the decision thereon to be notified tothe objector, and such decision shall benoted in the book of objections, and anynecessary amendment shall be made in theassessment book.

(8) Every assessment against which noobjection is taken shall be final for the year.

*236. (1) Every person who isaggrieved by the decision under section 235with regard to the assessment of any house,building, land, or tenement, may, withinthirty days of receiving the notification ofthe decision, institute an action objecting tosuch decision in the Primary Court havingjurisdiction in the place where such house,building, land, or tenement, is situated, ifthe amount of the rate or rates on theannual value of such house, building, landor tenement, or in the case of aconsolidation, on the annual value of thehouses, buildings, lands, or tenements, soconsolidated, does not exceed one thousandfive hundred rupees, and in the DistrictCourt having such jurisdiction where suchamount exceeds the sum of one thousandfive hundred rupees.

(2) Upon the trial of any action underthis section, the plaintiff shall not beallowed to adduce evidence of any groundof objection which is not stated in hiswritten objection to the assessment.

(3) Every such court shall hear anddetermine such action according to theprocedure prescribed for such court by thelaw for the time being in force regulating thehearing and determination of actionsbrought in such court, and the decision ofsuch court shall in all cases be subject toappeal to the Court of Appeal.

(4) Every such appeal shall be governedby the provisions of Chapter LV1II of theCivil Procedure Code, or by any enactmenthereafter enacted regulating the making ofappeals to the Court of Appeal from anyjudgment, decree, or order of a PrimaryCourt or a District Court.

(5) Neither the institution of such actionnor any appeal therein shall stay the levyingof the whole or any part of such rate orrates, and the excess, if any, collected shallbe returned according to the decision ofsuch Primary Court or District Court ifthere be no appeal, or according to the finaldecision of the Court of Appeal in case ofappeal.

*237. (1) Where physical alterationsaffecting the annual value of any house,building, land, or tenement are made afterthe assessment in respect thereof for anyyear has become final by virtue of the

Procedure incase ofobjection toassessment. &c.

Revision ofassessment onalteration ofpropertyaffectingannual value.

* Shall not have effect in such areas as may be specified in an Order under section 2 of fhe Rating and ValuationOrdinance.—See section 76 thereof.

XVIII/65


Assessments ofannual values.[§ 3, 57 of1979.]

preceding sections, a Municipal Councilmay, notwithstanding anything to thecontrary contained in the said sections, atany time prepare a new assessment for suchpremises.

(2) Every such new assessment shallcome into force from the first day of themonth following that in which it is enteredin the assessment book :

Provided always that such newassessment shall as far as possible be madein the manner prescribed by the precedingsections and be subject to the objections,investigations, actions, and appeals referredto therein.

238. (1) A Municipal Council shallprepare a new assessment only when sodirected by the Minister, generally orspecially. The Minister may direct thepreparation of a new assessment in respectof any class or species of immovableproperty or all immovable property in anyMunicipal Council area having regard tothe prov is ion of new services or theimprovement of existing services in suchMunicipal Council area. Except when a newassessment is carried out on the directionsof the Minister, the Council shall adopt thevaluation or assessment for the precedingyear with such alterations as may, inparticular cases, be deemed necessary, as thevaluation or assessment for the yearfollowing:

Provided always that notice of suchvaluation and assessment shall be given inthe prescribed manner.

(2) The Minister may on representationsmade or of his own volition direct therevision of the assessment of the annualvalues in respect of any past year in suchmanner as he may deem fit having regard tothe services that had been provided at thetime.

(3) Where there has been a reduction ofthe rates as a result of the revision of

Revision ofassessment andremission ofrates in certaincases.

assessments on a direction of the Ministerunder subsection (2), the Council shall—

(a) where such rates have been paid, setoff the amount of such rates andany costs incurred for the purposeof recovering those rates soreduced, against future rates due onthe property in respect of whichsuch rates have been paid ; or

(b) where such rates have not been paid,waive the amount of such rates andany costs incurred.

No person shall have a right to a refundof such amount.

*239. The Council shall have power andauthority at any time to revise anyassessment, increasing or decreasing thesame as it may see fit, and to fix the dateupon which the revised assessment shallcome into force.

*240. (I) If any building, other than a Remission ofbuilding containing furniture, is or remains rates lnuntenanted, a proportionate remission of Lftses

the rates and taxes payable in respect ofsuch building may be allowed for the periodduring which the building is or remainsuntenanted.

(2) If any building containing furnitureand registered with the Council as abuilding intended to be let as a furnishedbuilding is or remains untenanted aproportionate remission of one-half of therates and taxes payable in respect of suchbuilding may be allowed for the periodduring which such building is or remainsuntenanted.

(3) The period for which a remission isallowed under subsections (1) and (2) shallin respect of any building commence on theday on which the Council receives a writtennotice of its being untenanted and terminateon the date on which it is reoccupied :

Provided that the said period shallterminate on a date one month prior to thesaid date of reoccupation if within threedays of the reoccupation notice thereof isnot given to the Council. Every notice under

non†-tenancy.

* Shall not have effect in such areas as may be specified in an Order under section 2 of the Rating and ValuationOrdinance.—See section 76 thereof.

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Liabilityof personsleaving theMunicipality.

Seizure ofmovableproperly.

Deduction ofrates paid bytenant fromrent.

this subsection shall contain an address towhich all communications arising therefrommay be posted.

(4) When with reference to any claim forremission under this section a dispute arisesregarding the period during which anybuilding is or remains untenanted, a writtennotice of the decision of the Council thereonshall be posted to the last of the addressesgiven under subsection (3); and suchdecision shall be final, unless a writtenapplication for its revision is presented tothe Council within seven days from the dateupon which such notice is posted and unlesssuch decision is in consequence revised bythe Council.

*241. If during the course of any quarterthe Council has reason to believe that anyperson who, if that quarter had come to anend, would be liable to pay any rate or ratesfor that quarter is about to leave theMunicipality, the Council may declare suchperson liable to immediate payment of suchrate or rates or any of them from thecommencement of that quarter up to thedate of such declaration, and the amount ofsuch rate or rates so declared to be due shallbe leviable forthwith, in like manner and inall respects as the said rate or rates may inordinary cases be leviable.

*242. No movable property found in orupon any house, building, land, or tenementin respect of which any rate or rates underthis Ordinance may be due shall be seizedby the Council for any arrears of such rateor rates beyond two quarters next precedingsuch seizure, unless such movable propertybelongs to any person who was the owner orjoint owner of the said house, building,land, or tenement at the time the arrearsbeyond such two quarters accrued andbecame due; or unless such movableproperty belongs to any person who hasoccupied the said house, building, land, ortenement at the time when the said last-mentioned arrears accrued and became due.

*243. The occupant of any house,building, land, or tenement, not being theowner or joint owner thereof, whoseproperty has been seized as aforesaid, or

who to avoid such seizure, or, after seizure,to avoid a sale of such property, has paidthe amount of rate or rates due in respect ofsuch house, building, land, or tenement, andcosts, may deduct the amount so paid byhim from the rent due by him on account ofthe said house, building, land, or tenementto the owner or owners thereof; and thereceipt of the Mayor for the amount so paidshall be deemed an acquittance in full forthe like amount of rent:

Provided that nothing herein containedshall authorize any such deduction from therent by any occupant, who by the terms ofhis lease or other agreement is himselfbound and liable to pay such rate or rates.

†244. No assessment or valuation, andno charge or demand of rate or tax underthe authority of this Ordinance and noseizure and sale, shall be impeached oraffected by reason of any mistake in thename of any person liable to pay the rate ortax, or in the description of any property orthing liable to rate or tax, or any mistake inthe amount of assessment or the mode ofseizure and sale ; and no proceedings underthis Ordinance or any by-law madethereunder shall be quashed or set aside forwant of form by any court if the provisionsof this Ordinance or of such by-law have insubstance and effect been complied with.

245. (1) Every Municipal Council maylevy an annual tax on vehicles and animalsspecified in the Fourth Schedule, and keptor used within the Municipality, at the ratesspecified in that Schedule.

(2) The tax on vehicles and animalsshall be payable at such times as the Councilmay direct, and shall be assessed and leviedin the manner hereinafter mentioned or byany by-laws provided, which by-laws theCouncil is hereby empowered to make.

(3) No tax under this section shall beassessed or imposed or levied upon—

(a) any vehicle or animal kept or usedby the President or his personalstaff • or

Assessment,&c., not to beimpeached forwant of form.

Taxes onvehicles andanimals.[§ 4, 42 of1979.]

* Shall not have effect in such areas as may be specified in an Order under section 2 of the Rating and ValuationOrdinance. See section 76 thereof.

+ Application modified in such areas as may be specified in an Order under section 2 of the Rating andValuation Ordinance.—See section 76 thereof.

XVIII/67

MUNICIPAL COUNCILSCap. 576]

Tax on vehiclesand animalspayable yearlyin advance.

Sanction ofMinister notrequired forcertain rates.

(b) any gun carriage or ordnance cart orwagon; or

(c) any artillery or cavalry horse or anyhorse of the mounted orderlies orpolice; or

(d) the authorized number of horsesbelonging to military officers doingstaff, regimental, or other publicduty within the Municipality; or

(e) any bicycle belonging to the Stateand used by the armed forces of SriLanka; or

(f) any vehicle kept for sale by a bonafide dealer in such vehicles.

246. (1) The annual tax leviable underthis Ordinance on the vehicles and animalsspecified in the Fourth Schedule shall bepayable annually by each person in whosepossession or custody or control any vehicleor animal liable to the tax may be found sosoon as it has been for thirty days kept orused within the Municipality, but no personshall be liable under this section in respectof any vehicle or animal which has been inhis possession, custody or control for lessthan thirty days in any year.

(2) No person by reason of the transferof ownership shall be liable to pay the taxfor any vehicle or animal on which tax hasalready been paid for the year in which theownership was transferred.

(3) Half the tax paid on any vehicle oranimal shall be refunded in every case wherethe Council is satisfied that the vehicle oranimal has been kept or used for less thansix months in any one year.

247. Whenever in any year a MunicipalCouncil, in making and assessing under theprovisions of this Ordinance any rate onproperty, makes, assesses, imposes, orlevies, without alteration, the same rate aswas in force during the preceding year, thesanction of the Minister shall not berequired for the making, assessment,imposition, or levying of such rate.

Power ofCouncil to levycertain licenceduties.[§ 5, 42 of1979.]

247A. (1) A Municipal Council may,impose and levy a duty in respect of licencesissued by the Council.

(2) The duty levied under subsection (I)in respect of any licence issued by theCouncil authorizing the use of any premisesfor any of the purposes described in thisOrdinance or in any by-law madethereunder shall be determined by theCouncil according to the annual value of thepremises so licensed :

Provided that where the annual value ofsuch premises falls within the limits of anyitem in Column I set out below, themaximum duty shall not exceed the sumset out in the corresponding entry inColumn II—

Column I Column II

Rs.

. . 2,000

. . 3,000

. . 5,000;

Where the annual value—

does not exceed Rs. 1,500exceeds Rs, 1,500 but does not

exceed Rs. 2.500exceeds Rs. 2,500

Provided further, that where any suchpremises are used for the purposes of ahotel, restaurant or lodging house, and suchhotel, restaurant or lodging house isregistered with the Sri Lanka Tourist Boardfor the purposes of the TouristDevelopment Act, the duty so levied shallbe according to the takings of the hotel,restaurant or lodging house for the yearpreceding the year in which the licence dutyis levied, and shall not exceed one percentum of such takings.

For the purposes of this section," takings " in relation to a hotel, restaurantor lodging house means the total amountreceived or receivable from transactionsentered into in respect of that hotel,restaurant or lodging house or for servicesperformed in carrying on that hotel,restaurant or lodging house-

247B. (1) A Municipal Council may Tax on certainimpose and levy a tax on any trade carried trades

on within the administrative limits of that [ 5,42,of

Council. 1979.]

XVIII/68


(2) The tax levied under subsection (1)shall be annual tax determined by theCouncil according to the annual value of thepremises on which that trade is carried on :

Provided that where the annual value ofsuch premises falls within the limits of anyitem in Column I set out below, the taxlevied shall not exceed the sum set out in thecorresponding entry in Column II—

Column I Column II

Rs.

. . 2,000

. . 3,000. . 5,000:

Where the annual value—does not exceed Rs. 1,500exceeds Rs. 1,500 but does not

exceed Rs. 2.500exceeds Rs, 2,500

Provided further, that such tax shall notbe leviable or payable in respect of anytrade for which a licence is necessary underthe provisions of this Ordinance or anyby-law made thereunder.

(3) The tax levied under subsection (1)shall be payable, on such date as may bedetermined by the Council or prescribed byby-law, by the person who carries on suchtrade.

(4) If any person liable to pay the taxleviable under this section fails to pay suchtax within seven days after demand, theCouncil shall report such failure to theMagistrate's Court having jurisdiction overthe area in which such Council is situated.The Court shall proceed to recover theamount due as if it were a fine imposed byCourt, notwithstanding that such amountexceeds the amount of fine which aMagistrate may impose in the exercise of hisordinary jurisdiction, and the amount sorecovered shall be paid into the Fund of theCouncil.

247C. (1) A Municipal Council mayby resolution impose and levy annually onevery person who, within the administrativelimits of such Council, carries on anybusiness for which no licence is necessaryunder the provisions of this Ordinance orany by-law made thereunder, or any tax ispayable under section 247B, a tax accordingto the takings of the business for the year

preceding the year in which such tax ispayable at such rates not exceeding the ratesset out below:—

Column I Column II

Where the takings of the business Taxfor the year— payable

Rs.(i) do not exceed Rs. 6,000 . . Nil

(ii) exceed Rs- 6.000 but do notexceed Rs. 12,000 . • 90

(iii) exceed Rs. 12,000 but do notexceed Rs. 18,750 - • 180

(iv) exceed Rs. 18,750 but do notexceed Rs. 75,000 • • 360

(v) exceed Rs. 75,000 but do notexceed Rs. 150,000 . . 1,200

(vi) exceed Rs. 150,000 . • 3,000;

Provided, however, that the precedingprovisions of this section shall not apply toitinerant vendors who do not carry onbusiness at fixed places or do not for thepurposes of such business establishthemselves on the public roads or otherpublic place.

(2) The tax payable under subsection (1)shall be payable on such date as may bespecified by the Council or prescribed byby-law.

(3) If any person liable to pay the taxleviable ander this section fails to pay suchtax within seven days after demand, theCouncil shall report such failure to theMagistrate's Court having jurisdiction overthe area in which such Council is situated.The Court shall proceed to recover theamount due as if it were a fine imposed byCourt, notwithstanding that such amountexceeds the amount of fine which aMagistrate may impose in the exercise of hisordinary jurisdiction, and the amount sorecovered by Court shall be paid into theFund of the Council.

For the purposes of this section—

(a) " business" includes any trade orprofession or calling or the businessof a manufacturer, or of any persontaking commission or fees in respect

Tax on certainbusinesses,[§ 5, 42 of1979.]

XVIII/69


of any transaction or servicesrendered or the business of anindependent contractor, but doesnot include the occupation ofselling articles, goods or materialsat a private fair or the occupationof maintaining any educationalestablishment or school to whichgrants from State funds are paid orto which such grants were earlierpaid but at present are not paid;and

" takings " in relation to any businessmeans the total amount received orreceivable from transactions enteredinto in respect of that business orfor services performed in carryingon that business, and includes—

(a) in the case of a financier,money-lender or pawn-broker,the moneys given out by himas loans, the interest receive orreceivable by him on suchloans, and the sums receivedby him as fees or othercharges in respect of suchloans;

(b) in the case of an auctioneer,and subject to the provisionsof paragraph (c) in the case ofa broker or commissionagent—

(i) in respect of lands sold byhim or in the sale ofwhich he is instrumental,the commissions or feesreceived or receivable byhim for any transactionseffected or servicesrendered by him inconnexion with suchsale;

(ii) in respect of any goodssold by him or in thesale of which he isinstrumental the toalamount paid or payableby the purchaser of suchgoods;

(c) in the case of any broker (otherthan a share broker or a

p r o d u c e b r o k e r ) , orcommission agent, who—

(i) on behalf of any personnot resident in SriLanka, sells or isinstrumental in sellingany goods of that non-resident person, or

(ii) acts on behalf of anexporter of any goodsmanufactured in SriLanka, or

(iii) on behalf of any otherperson carrying on abusiness in Sri Lanka, isinstrumental in selling inSri Lanka any goods ofthat other person, beinggoods the total proceedsof the sale of which isincluded in the takingsof the business of thatother person,

the commissions or feesreceived or receivable by suchbroker or commission agent inrespect of any transactionseffected, or services renderedby him in so selling, acting, orin being instrumental in soselling, and in the case of ashare broker or a producebroker, the commissions orfees received or receivable bysuch broker or commissionagent in respect of anytransaction effected or servicesrendered by him; and

(d) in the case of a personcarrying on any educationalestablishment or school, thetotal amount, excludingprofits from investment of themoneys of the educationalestablishment or school,received or receivable by himi n c a r r y i n g o n s u c heducational establishment orschool, but does not includeany amount received orreceivable by the sale ofcapital assets.

XVIII/70


247D. (1) Where any land within theadministrative limits of a Municipal Councilis suitable for building purposes, or for thepurposes of permanent or regularcultivation, or such land is capable of beingdeveloped for any such purpose at a costwhich would in the opinion of the Council,be reasonable, and where—

(a) no building has been erected on suchland; or

(b) the extent of such land which isactually covered by buildings bearsto the total extent of such land, aproportion less than the prescribedproportion; or

(c) such land has not been subject toregular or permanent cultivation,the Council shall levy annually onthe owner of such land, a tax notexceeding two per centum of thecapital site value of such land.

(2) The provisions of sections 235 and236 shall, with the necessarymodifications, apply with respect toevery assessment of the capital sitevalue of land made undersubsection (1).

For the purposes of this section, "capitalsite value " when used in reference to anyland, means the probable price which wouldbe paid for the land, exclusive of allbuildings thereon, if the land were sold inthe open market, free of all mortgages,leases, encumbrances or other charges.

247E. (1) Where any land within theadministrative limits of a Municipal Councilis sold by public auction or otherwise, by anauctioneer or broker or his servant or agent,the vendor or such auctioneer or broker orhis servant or agent, shall pay to theCouncil, from the proceeds of the sale ofsuch land, a tax equivalent to one percentum of the amount of such proceeds.

(2) If the tax payable under subsection(1) is not paid within fourteen days ofdemand, the Council shall report suchfailure to the Magistrate's Court and theCourt shall proceed to recover the amountdue as if it were a fine imposed by Court,notwithstanding that such amount exceedsthe amount of fine which a Magistrate may

impose in the exercise of his ordinaryjurisdiction, and the amount so recoveredby Court shall be paid into the Fund of theCouncil.

248. (1) Every Municipal Council may, Tolls.with the sanction of the Minister, establishtolls, and take and receive all tolls payablewithin the Municipali ty; and it shall belawful for the Minister to make over to theCouncil such existing or future tolls lawfullyestablished, or such proportion of any suchtolls as to him may seem fit, for the propermaintenance of the roads within the -Municipality.

(2) Every Municipal Council whichestablishes tolls or to which tolls are madeover as aforesaid, is hereby empowered toappoint toll-keepers and the provisions ofthe Tolls Ordinance shall, unless altered ormodified by any by-laws made by theCouncil under this Ordinance, apply to thetolls so established or made over.

(3) The Council may by resolution,approved by the Minister and published inthe Gazette, make over any toll establishedor taken and received by the Council ormade over to the Council under thisOrdinance in respect of any ferry, to any ofthe following local authorities or bodies,that is to say, any other Municipal Council,any Urban Council, any Town Council, orany Village Council.

249. The Council may compound, forany period not exceeding one year, withlivery stable-keepers and other personskeeping or using carriages and horses forhire, for a certain sum to be paid for thecarriages and horses so kept by such personsin lieu of the tax levied under section 245.

250. It shall be lawful for any personauthorized in that behalf by the Council, atany time between sunrise and sunset, toenter and inspect any stable or coach house,or any place wherein he may have reason tobelieve that there is any vehicle or animalliable to taxation under this Ordinance ; andthe Council may summon any person whomit has reason to believe to be liable to thepayment of such tax, or any other person,and may examine any such person as to the

Power tocompoundwith liverystable-keepersand others.

Power toinspect stables,&c., and tosummonpersons liableto the paymentof the tax.

Tax onundevelopedland.[§ 5, 42 ofi979.]

Tax on cerlainsales of land.[§ 5, 42 of1979.]

XVIII/71


Penalty fordisobeyingsummons, orhindering theinspection.

Warrant forrecovery ofrates and taxes.

[§ 9, 48 of1971.]

number and description of the horses andcarriages in respect of which such person isliable to be taxed.

251. Every person who—

(a) on being summoned under section250 fails, without lawful excuse, toappear in pursuance of thesummons; or

(b) hinders or obstructs any personauthorized as aforesaid, fromentering or inspecting or leavingany such stable, coach house, orplace,

shall be guilty of an offence, and shall beliable on conviction to a fine not exceedingfifty rupees.

*252. (1) If the amount of any rateassessed under this Ordinance or theamount of any tax imposed thereunder isnot paid into the Municipal office withinsuch time as the Council may direct, it shallbe the duty of the Commissioner to issue awarrant signed by him to some collector orother officer of the Council named thereindirecting him—

(a) in the case of non-payment of anyrate, to levy such rate and the costsof recovery by seizure and sale ofall and singular the movable ori m m o v a b l e p r o p e r t y of thep r o p r i e t o r or of atny j o i n tproprietor, of the premises onaccount of which such rate may bedue, and of all movable property, towhomsoever the same may belong,which may be found in or upon anysuch premises; and

(b) in the case of non-payment of anytax, to levy such tax and the costsof recovery by seizure and sale ofthe property on account of whichsuch tax may be due, and of all andsingular the movable or immovableproperty of the defaulter.

(2) Every warrant issued undersubsection (1) shall be in the form contained

in the Fifth Schedule, with such variationsas the circumstances require.

(3) A Municipal Council may byresolution waive the whole or any part ofany rate or tax and any costs incurred forthe purpose of recovering that rate or tax ifit appears to the Council that the amount tobe waived is inconsiderable or irrecoverableor that it should be written off on theground of the poverty of the person liabletherefor; and, in any case where any suchresolution is passed, no warrant undersubsection (1) shall be issued and any suchwarrant that may have been issued shall berecalled,

253. (1) If the amount due as rent forany premises let by the Council at a rentalnot exceeding thirty rupees a month is notpaid into the Municipal office withinfourteen days after such amount becomesdue, it shall be the duty of theCommissioner by warrant signed by him toauthorize an officer of the Council namedtherein and his assistants to levy suchamount and the costs of recovery by theseizure and sale of all movable orimmovable property situated within theMunicipality and belonging to the tenant,and by the seizure and sale of all movableproperty, to whomsoever the same maybelong, which may be found in or upon thepremises for which rent is due.

(2) Every warrant issued undersubsection (1) shall be in the form set out inthe Sixth Schedule, with such variations ascircumstances may require.

†254. Where a warrant is issued for thelevy of any rate in respect of any house,building, land or tenement belonging to theState and leased to any person, suchwarrant shall not direct the seizure and saleof such house, building, land or tenement,or the leasehold or other interest of anylessee or occupier in the same, but shall belimited to directing the seizure and sale ofthe movable or immovable properly of suchlessee or occupier.

254A. (1) Where under the provisionsof this Ordinance, or any by-law, rule orregulation made under this Ordinance, anyduty, fine, penalty, fee or other payment hasbecome due to the Municipal Council, then,

Warrant forrecovery ofrent due to theCouiicil-

[§ 10, 48 of1971.]

Warrantswhere Stateproperty isleased.

Recovery ofpayments dueto theMunicipalCouncil.[§ 28, 48 of1971.]

* Application modified in such areas as may be specified in an Order under section 2 of the Rating andValuation Ordinance.— See section 76 thereof.

† Shall not have effect in such areas as may be specified in an Order under section 2 of the Rating and ValuationOrdinance.—See section 76 thereof.

XVIII/72


Scale of costs.

[§ 6. 42 of1979.]

notwithstanding anything to the contrary inany such provision or any such by-law, ruleor regulation, it shall be the duty of theMunicipal Commissioner to take all stepsnecessary to recover such duty, fine,penalty, fee or other payment and credit itto the funds of the Municipal Council.

(2) Where any rate, tax, rent, fee, duty,toll, fine, penalty or any other paymentwhatsoever has become due to theMunicipal Council under any written law,other than this Ordinance, or any by-law,rule or regulation made under thisOrdinance, then, notwithstanding anythingto the contrary in the aforesaid written law,it shall be the du ty of the Munic ipa lCommissioner to take all steps necessary torecover such rate, tax, rent, fee, duty, toll,fine, penalty or other payment and credit itto the funds of the Municipal Council.

*255. The costs of recovery as leviableunder any warrant issued under this Partshall be according to the following table ofcharges:—

(a) for costs on the issue of a warrant, acharge of—

(i) ten per centum on the amountof tax or rent due;

(ii) fifteen per centum on theamount of rate due on barel a n d s a n d r e s i d e n t i a lpremises; and

(iii) twenty per centum on thea m o u n t of r a t e due onproperties other than barel a n d s a n d r e s i d e n t i a lpremises;

(b) for seizure and removal of goodsseized, in case such removal takesplace, a charge not exceeding fivecents for every fifty cents of rate ortax or rent due ;

(c) for keeping any goods seized in safecustody in case of detention, a

charge not exceeding five cents perday;

(d) for keeping a person in possession incase of seizure of immovableproperty, or in case goods seizedare not removed, a charge notexceeding seventy-five cents perday;

(e) for the expenses of sale, when anysale takes place, a charge notexceeding twenty-five cents onevery ten rupees of the net proceedsof sale.

*256. Any property seized in pursuanceof any warrant issued under this Part shallbe sold by public auction (of which at leasttwenty-one days' notice shall be given in theGazette and in one or more of then e w s p a p e r s c i r c u l a t i n g w i t h i n t h eMunicipality in respect of propertyexceeding the value of one thousand rupees,and at least six days' notice in all othercases) by the officer to whom such warrantis addressed, or some other officer of theCouncil appointed by the Commissioner forthat purpose, at any time after theexpiration of twenty-four days in the case ofproperty exceeding the value of onethousand rupees, and of eight days in allother cases, from the date of such seizure,unless in the meantime the amount of therate or rates or tax or taxes or rent and ofthe costs aforesaid be duly paid ; and thesurplus accruing by such sale (if there beany), after deducting the amount of suchrate or rates or tax or taxes or rent and thecosts, shall be restored to the owner or jointowner of the property so sold :

Provided, however, that whenever it isnecessary to seize and sell the property ofany person making default in the paymentof any rate or tax or rent, it shall be thedu ty of the officer acting under theCommissioner's warrant as aforesaid toobserve, so far as the same may beapplicable, the order and course prescribedby the Police Ordinance or by any otherenactment to be in that behalf hereafterenacted.

Sale ofpropertyseized.

[§11, 48 of1971.]

[§ I I , 48 of1971.]

* Application modified in such areas as may be specified in an Order under section 2 of Ihe Rating andValuation Ordinance.—See section 76 thereof.

xvIII/73


Surplus of sale.

[§ 12, 48 of1971.]

Power to breakopen house.

Certificate ofsale-

[§ 13, 48 of1971.]

Rights ofmortgagee.

Power ofCouncil topurchase landsold fornon-paymentof ratesor taxes.[§ 14, 48 of1971.]

257. If no demand shall be made for anysurplus accruing from any sale made inpursuance of section 256 by the owner orjoint owner of the property sold withintwelve months from the date of such sale,the Commissioner shall pay the amount ofsuch surplus to the credit of the MunicipalFund, and no person thereafter shall beentitled to demand or receive the same.

258. The person to whom any warrantunder this Part is addressed may break openin the day-time any house or building forthe purpose of seizing property in pursuanceof such warrant.

*259. Where land or other immovableproperty is sold under any warrant issuedunder this Part, a certificate substantially inthe form set out in the Seventh Schedule,signed by the Commissioner, shall besufficient to vest the property in thepurchaser free from all encumbrances.Every such certificate shall be liable to thestamp duty leviable on conveyances ofimmovable property and to any registrationor other charges authorized by law, suchduty and charges being payable by thepurchaser:

Provided, however, that it shall be lawfulfor a mortgagee of any land or otherimmovable property seized by virtue of anywarrant issued under this Part to payand discharge the amount of rate or tax andcosts due under and by virtue of suchwarrant.

260. Upon any payment and dischargeby a mortgagee under section 259, suchmortgagee shall be entitled to add theamount so paid and discharged to the sumdue upon his mortgage, and the amount soadded shall be deemed to be secured by suchmortgage.

*261. Where land or other immovableproperty is seized and sold for non-paymentof rates or taxes, it shall be lawful for anyperson authorized in that behalf by theCommissioner, to bid at the sale for, and topurchase, such land or other property forand on behalf of the Council.

*262. Where a Municipal Councilpurchases any land or other immovableproperty which has been seized and sold fornon-payment of rates or taxes, the Councilshall not be required to pay the whole of thepurchase money, but shall be entitled totake credit for the amount due under thewarrant and the costs aforesaid, and shallonly be required to pay the balance, if any,after deducting such amount, to the owneror person entitled to the property sold :

Provided that where the proceeds of anysuch sale are less than the amount due tothe Council under the warrant and as costsas aforesaid, nothing herein contained shallpreclude the Council from recovering inaccordance with the provisions of thisOrdinance, the balance of any amountwhich may be due to it after deducting theamount realized by such sale.

263. Where land or other immovableproperty is purchased by a MunicipalCouncil under the provisions of section 261,a certificate substantially in the form set outin the Eighth Schedule, signed by theCommissioner, shall vest the property soldabsolutely in the Council free from altencumbrances -, and such certificate shall bereceived in all courts as conclusive evidenceof the title of the Council to such land orother immovable property. Every certificateshall be liable to the stamp duty leviable onconveyances of immovable property and tothe charges payable for the registrationthereof.

263A. A Municipal Council shall selland convey any immovable property vestedin the Council under section 263 to theperson who would be entitled to suchproperty but for the title thereto vesting inthe Council, if—

(a) within twelve months reckoned fromthe date on which such propertyvested in the Council, such personmakes a written application in thatbehalf to the Council, and

Council maytake credit toextent of rateor tax andcosts due.

Form ofconveyance tothe Council.

[§ 15, 48 of1971.]

Sale ofproperty vestedin the Councilto the personwho would beentitled to suchproperty butfor the titlethereto vestingin the Council,[§7, 15 of1957.]


XVIII/74


Power to sellproperly vestedin the Council.[§8,15 of1957.]

(b) within such period reckoned fromthe date of the receipt of theapplication as may be determinedby the Council and notified to suchperson, he pays to the Council asum equivalent to the price paid bythe Council for the purchase ofsuch property and the amounts andcosts which, if such property weresold and conveyed by the Councilunder section 264, would bededucted under subsection (2) ofthat section from the surplusreferred to in that subsection.

*264. (I) A Municipal Council, forvaluable consideration, may sell and conveyto any person any land or other immovableproperty vested in it under section 263 ifsuch land or other property has not alreadybeen sold and conveyed by the Councilunder section 263A.

(2) Any surplus accruing from any suchsale and conveyance (whether made andexecuted before or after the 4th day ofAugust, 1933) shall, after deducting theamounts and costs specified in subsection(5), be paid on demand to the personentitled to the land or immovable property.

(3) No such surplus shall be so paidunless the said demand is made within tenyears from the date of the sale andconveyance;

Provided that where the surplus ispayable either to a fideicommissary who isnot entitled to possession at that date or toa person who is then a minor, the saidperiod shall not commence to run until theright to possess accrues or majority isattained respectively.

(4) If no demand is made within the saidten years, the Council shall pay such surplusto the credit of the Municipal Fund, and noperson shall thereafter be entitled todemand or receive the same.

(5) The amount and costs which may bededucted under subsection (2) are asfollows;—

(a) the amount of the rates or taxes, ifany, remaining unpaid in respect of

the period prior to the seizure andsale of the land or property,including costs on the issue of thewarrant;

(b) the amount of the rates or taxeswhich would have been due andpayable at the date of such sale andconveyance, if the land or propertyhad not been seized and sold,

together with an additional ten percentum of such amount; and

(c) the costs incurred by the Council inconnexion with the seizure,purchase , s u r v e y i n g , v e s t i n g ,maintenance, improvement, and thesale and conveyance of the land orproperty.

(6) After any payment is made inaccordance with this section no furtherclaim in respect of such surplus shall beallowed against the Council at the instanceof any person whomsoever:

Provided that nothing herein containedshall affect the liability of any person whomay receive the whole or part of any suchsurplus to pay the same to the personlawfully entitled thereto.

(7) For the purposes of this section, theexpression " person entitled" means theperson who would have occupied suchposition in respect of the land or immovableproperty sold and conveyed, but for the titlethereto vesting in the Council under section263.

264A. Where a Municipal Councildecides to retain any immovable propertyvested in it under section 263, the value ofsuch property at the time such propertybecame vested in the Council shall beassessed by the Council, and thereupon theprovisions of subsections (2) to (7), bothinclusive, of section 264 shall apply in thecase of such property subject to thefollowing modifications :—

(a) subsection (2) of that section shallhave effect as if there weresubstituted in that subsection, foi

Procedurewhere theCouncil retainsproperty vestedin the Council.[§9, 15 of1957,]

* Application modified in such areas as may be specified in an Order under section 2 of the Rating andValuation Ordinance.—See section 76 thereof,

XVIII/75


all the words from " Any surplus "to " shall, ", the following :—

" Where the value of any land orother immovable property assessedby the Council under section 264Aexceeds the price paid by theCouncil for the land or otherimmovable property under section262, the excess (hereafter in thissection referred to as the surplus)shall, ";

(b) subsection (3) of that section shallhave effect as if there weresubstituted in that subsection, forthe words " sale and conveyance : ",the words " assessment of the valueof the land or other immovableproperty by the MunicipalCouncil: ";

(c) subsection (5) of that section shallhave effect as if—

( i ) t h e r e w e r e i n s e r t e d ,immediately after paragraph(b) of that subsection, thefollowing new paragraph :—

"(bb) the amount paid bythe Counc i l u n d e rsection 262 in respect ofthe land or property,";and

(ii) there were substituted, inparagraph (c) of thatsubsection, for all the wordsfrom " improvement, and " tothe end of that paragraph,the words " improvement ,assessment of the value, andconveyance of the land orproperty."; and

(d) subsection (7) of that section shallhave effect as if there weresubstituted, for the words "soldand conveyed,", the words" retained by the Council,".

Registration of *265. (1) It shall be the duty of eachmortgages and Municipal Council to make provision bynotices of sale. means of by-laws for the registration of

mortgages of immovable property situatedwithin the Municipality and of the addressesof the mortgagees thereof.

(2) Before any property, in respect ofwhich any mortgage has been registeredunder this section, and which has beenseized for the recovery of any rates andtaxes, is offered for sale, the Council, atleast twenty-one days before the sale, shallcause a notice of the sale to be posted to theregistered address of the mortgagee.

266. (1) The Council may cause atenant of the Council who has failed to payrent within fourteen days after the same hasbecome due to be served with a noticedetermining the tenancy and requiring thetenant to quit on or before the expiration ofone month from the date of service.

(2) Every notice under subsection (1)shall be in the form set out in the NinthSchedule with such variations ascircumstances may require.

(3) Where a tenant fails to quit inaccordance with a notice served on himunder subsection (1), the Council may bywarrant authorize an officer of the Councilnamed therein and his assistants to ejectfrom the rented premises the tenant and allpersons occupying the premises under, orwith the permission of, the tenant.

(4) Every warrant under subsection (3)shall be in the form set out in the TenthSchedule with such variations ascircumstances may require.

(5) A tenant upon whom a notice undersubsection (1) is served may, within ten daysof the service of the notice, apply by petitionto the Primary Court having jurisdiction inthe area where the premises are situated foran order staying ejectment.

(6) Upon such application being madethe Primary Court shall, after notice to theCouncil, hold a summary inquiry and makean order staying ejectment altogether or fora stated period or refusing to stay ejectmentas in the circumstances may appear fit.

Termination oftenancy oftenants of theCouncil.


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Power to makeby-laws.

Approval andpublication ofby-laws.

Additionalprovisions ofby-laws.

Every such order shall be final andconclusive and there shall be no appealtherefrom.

PART XIII

BY-LAWS

267. (1) Every Municipal Council may,from time to time, make and when mademay revoke or amend, such by-laws as mayappear necessary for the purpose of carryingout the principles and provisions of thisOrdinance.

(2) Every contravention of a by-lawmade by a Municipal Council shall be anoffence under this Ordinance.

(3) Such by-laws may provide penaltiesfor the contravention thereof as follows:—

(a) in the case of a first offence, a finenot exceeding one hundred rupees ;

(b) in the case of a second or subsequentoffence, a fine not exceeding twohundred rupees; and

(c) in the case of a continuing offence,an additional fine not exceedingtwenty-five rupees for every dayduring which the offence iscontinued after a conviction or afterservice of a written notice from theMayor directing attention to suchcontravention.

268. (1) No by-law shall have effectuntil it has been approved by the Minister,confirmed by Parliament, and notificationof such confirmation is published in theGazette.

(2) Every by-law shall upon thenotification of such confirmation be asvalid, and effectual, as if it were hereinenacted.

269. (1) A Municipal Council mayprovide for the observance of any by-lawsby enacting therein such provisions as itthinks necessary as to the giving of notices,as to the deposit of plans and sections bypersons intending to lay out, construct, or

alter any street, building, drain, or otherwork, as to inspection by the officers of theCouncil, and as to the power of suchofficers (subject to the provisions of thisOrdinance) to remove, alter, or pull downany work begun or done in contravention ofsuch by-laws:

Provided that no requirements of any by-laws relative to the construction oralteration of streets, buildings, drains, orother works shall apply to any such workswhich were so constructed or altered, as thecase may be, before such by-laws came intoforce, except where expressly stated thereinto the contrary.

(2) A Council may make by-laws whichshall be in force in any specified place orpremises outside the Municipality if suchplace, or premises, or the administration ormanagement thereof, is or are vested in theCouncil.

270. Where a Municipal Council hasmade by-laws to the satisfaction of theMinister in respect of any matter for theregulation of which provision is alreadymade in the Municipal Dairies andLaundries Ordinance, the Minister may, bynotification in the Gazette, declare that theprovisions of that Ordinance shall not, tosuch extent as may be specified therein,apply within the Municipality.

271. Copies of all by-laws made by aMunicipal Council shall be kept at theMunicipal office, and shall be available forsale to the public.

272. In particular and without prejudiceto the generality of the powers conferred bythe preceding sections, by-laws may bemade by a Municipal Council for and withrespect to all or any of the followingmatters, namely:—

(1) officers and servants, and procedure,including—

(a) the creation of posts or offices(other than the posts or officesof Mayor, Deputy Mayor,Municipal Commissioner, CharityCommissioner and MunicipalMagistrate);

Application ofMunicipalDairies andLaundriesOrdinance.

Copies of by-laws to be keptat Municipaloffice.

Matters withrespect towhich by-lawsmay be made.

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*(b) appointments to posts oroffices in the service of theCouncil, not being posts in theLocal Government Service;

(c) the payment of salaries,allowances and remunerationto officers and servants of theCouncil who are not membersof the Local GovernmentService;

(d) the grant of leave of absenceto officers and servantsreferred to in sub-paragraph(c);

(e) the due performance of theirseveral duties by officers andservants in the service of theCouncil;

(f) the regulation of Council andcommittee meetings;

(b) the structure and stability ofwalls, foundations, roofs, andchimneys of new buildings,the prevention of fires andpurposes of health;

(c) the structure of hearths andstaircases, and the heighta n d v e n t i l a t i o n o f

rooms to be used for humanhabitation, and the structureand levels of floors ;

(d) the sufficiency of space aboutbuildings to secure a freecirculation of air and theventilation of buildings;

(e) the paving of yards and openspaces in connexion withbuildings;

(f) the quality of materials to beused;

(g) the line of frontage withneighbouring buildings;

(h) the front elevation of buildingswhere the building is one of arow of contiguous buildingsabutting on a street;

(g) the form in which all estimates,budgets, statements, andr e t u r n s i n c i d e n t a l t oMunicipal business shall bedrawn up; (3)

(h) the form in which Municipalaccounts shall be kept;

(i) the form of any books, registersor documents required to bekept or used for the purposesof this Ordinance.

(2) Buildings, building operations andworks, including—

(a) the alignment, level, width andconstruction of new streets;

(i) the levy of fees for theexamination and considerationof plans for new buildings orfor alterations to existingbuildings.

Drainage, including-

(a) the laying out, construction oralteration of drains, water-closets, urinals, sinks, bathsand sanitary appliances, theflushing of water-closets, thepaving of floors andcourtyards and open spaces;

(b) the charging, levying, andrecovering of fees for theinspection and cleansing of alldrains, water-closets, andother sanitary appliances;

(c) the issue of licences to personscarrying out drainage work,and the conditions underwhich such licences may beissued and used, the mannerin which such work shall becarried out; and theimposition and recovery offees for such licences;

* Vide also Sections 2 (2) and 19 (2) of the Local Government Service Law.

XVI1I/78


(d) the provision of proper andsufficient means of sewerage,and the drainage for newstreets and roads or forexisting streets and roads, notbeing streets and roadsconstructed by. vested in, ormaintained by the Council;

(e) the regulation of the use ofpublic latrines and as to thedecent conduct of personsusing such latrines.

(4) Waterworks, including—

(a) the prevention of waste,misuse, undue consumption,or contamination of the watersupplied by the Council forpublic or private use;

(b) the direction of the use, andprescribing the size, nature,strength, and materials, andthe mode of arrangement,position, alteration, removal,renewal, and repair of thepipes, valves, cocks, cisterns,soil pans, water-closets,and other apparatus andreceptacles or any of themto be used r e spec t i ve lyfor carrying, delivering,regulating, and storing water ;

(c) the regulation of the publicsupply of water by stand-pipes, and the use of thesame;

(d) the regulation of the supply ofwater by private services, andthe materials and fittings to beused;

(e) the regulation of the supply ofwater by measurement, andt h e m a t e r i a l s , m e t e r s ,appliances, and fittings usedfor such a purpose or inconnexion therewith;

(f) the regulation of the terms andconditions subject to whichwater will be supplied for

other than domestic purposes,and the price to be paid forwater so supplied;

( g ) the p r e s c r i b i n g of t heprocedure for the recovery ofmoneys due for the supply ofwater; and

(h) every other purpose relating tothe supply or control of watersupplied from the waterworksas to the Council may appearnecessary.

(5) Sanitation, including—

(a) the prevention and abatementof nuisances;

(b) the removal and disposal ofnight-soil, and the charging,levying, and recovering of feesfor such removal anddisposal;

(c) the inspection, regulation,maintenance, and cleansingof all drains, privies, earth-closets, cesspools, ash-pits,and sanitary appliances, theclosing of buildings or parts ofbuildings unfit for humanh a b i t a t i o n , a n d t h eprohibition of their use forsuch habitation;

(d) the conservancy of privatepremises;

(e) the regulation of any houses orplaces established for thereception of persons sufferingfrom infectious disease, andf o r t h e i m p o s i n g andrecovering of fees for the useand occupation of such housesor places;

(f) the cleansing, disinfection, anddestruction of temporarybuildings and infected articles,a n d t h e c l e a n s i n g anddisinfection of buildings;

(g) the regulation and control ofswine:

XVIII/79

Cap.576 MUNICIPAL COUNCILS

(h) the prevention of malaria andthe destruction of mosquitoesand other disease-bearinginsects;

(i) the licensing, regulat ion,inspection and control ofstables and cattle galas;

(j) washing and bathing, includingthe regulation, supervision,inspection and control ofbathing places (other thanbathing places established bythe Council) and places forwashing animals (other thanplaces for washing animalsestablished by the Council).

(6) Streets, including—

(a) the improvement, making,repairing, cleaning, watering,and lighting of streets;

(b) the prevention and abatementof o b s t r u c t i o n s a n dencroachments on streets,roads and canals;

(c) the regulation of traffic instreets;

(d) the erection of hoardings andother temporary structures,and the charging of fees forthe same.

(7) Land and property, including—

*(a) the c l a s s i f i c a t i o n andassessment of buildings, lands,and tenements within theMunicipality;

(b) the r e g i s t r a t i o n at theMunicipal office of the namesand addresses of the owners oflands and buildings within theMunicipality, the inspectionof the registers in which suchnames and addresses areregistered, and the impositionand recovery of fees for suchregistration and inspection;

(c) the r eg i s t r a t ion at theMunicipal office of mortgagesover immovable propertys i t u a t e d w i t h i n t h eMunicipality, and of theaddresses of mortgagees, theinspection of the register inwhich such mortgages areregistered and the imposingand recovery of fees for suchregistration and inspection;

*(d) the posting of notices inwriting to such registeredmortgagees of the sale ofimmovable property seized forthe recovery of rates or taxes;

(e) the putting up and preservationof boundaries and offences oflands, whether private orpublic;

(f) the care and regulation ofcommon pasture lands, andthe levy of fees for the use ofsuch lands.

(8) Markets, fairs, bakeries, and [§l0,l5ofprovisions, including— 1957-]

(a) the licensing, regulation,management, conduct, andinspection of bakeries and thepersons employed therein, andof the manufacture andquality of bread;

(b) the establishment of marketsand fairs, private as well as [§ 10 15 ofpublic, including marts for the 1957.]sale of cattle and otherlivestock, and the regulation,control, and use of suchmarkets, and fairs, and the [§10,15 ofbuildings, shops, sheds, stalls, 1957.]pens, and standings therein,and for preventing nuisancesor obstructions therein or inthe immediate approachesthereto;

(c) the seizure, forfeiture, andremoval and destruction ofunwholesome flesh, fish, or


XVIII/80


other provisions introducedinto the Municipality, and theprevention of the sale orexposure for sale thereof;

(d) the prohibition of the holdingof cattle markets except induly licensed places, and thegranting of licences forholding such markets, or thewithdrawal of such licencesfor breach of the conditionsthereof;

(e) the seizure and removal ofarticles exposed for sale incontravention of any by-law ;

(f) the preparation and publicationof a list of current prices;

(g) the regulation of the mode ofsale of articles, whether bymeasure, weight, tale, orpiece;

(gg) the fixing of the price (bothwholesale and retail) abovewhich any article of food shallnot be sold in any market orf a i r , w h e t h e r p u b l i c orprivate;

(h) the regulation, supervision,inspection and control of thesale of living animals.

(9) The management and control ofslaughterhouses, including the levyand recovery of fees for the usethereof, and the prevention ofcruelty to animals therein.

(10) Stray cattle, including the fixing,levying, and recovery of charges forthe occupation of pounds for straycattle, and the cost of the keep ofthe animals impounded.

(11) The maintenance and regulation ofquarantine stations for cattle, andthe levying of fees for theoccupation thereof.

*(12) Revenue, including the assessmentof property, and the collection ofrates and taxes.

(13) The prescribing of fees and thefixing of charges to be levied ormade for any act, matter or thingrequired under this Ordinance to bedone or observed.

(14) The licensing, regulation, inspectionand control of hairdressers' andbarbers' shops and saloons.

(15) The r e g u l a t i o n , supe rv i s ion ,inspection and control of offensiveor dangerous trades or businesses.

(16) The licensing of money-changers.

(17) The licensing of accountants andauditors (other than auditors whoare registered under the CompaniesOrdinance),†

‡ (18 ) The l icens ing , regu la t ion ,inspection and control of places ofpublic entertainment, including theprotection of the public fromdanger from fire.

(19) The regula t ion, supervision,inspection and control of the sale,or the storage or manufacture forthe purposes of sale, of articles offood or drink including the sale, orthe storage or manufacture for thepurposes of sale, of such articles athotels, shops and places other thanmarkets.

(20) Itinerant vendors, including—

(a) the supervision or control ofitinerant vendors;

(b) the issue of licences for thepurposes of such supervisionor control, and the conditionsto be attached to suchlicences;

[§ 10. 15 of1957.1

* Application modified in such areas as may be specified in an Order under section 2 of the Rating andValuat ion Ordinance. - See section 76 thereof.

† Repealed and replaced by the Companies Act, No. 17 of 1982.‡ Vide also section 5 (2) of the Public Performances Ordinance.

XVIIl/81


(c) the regulation or prohibition ofthe sale of any specified articleor the sale of articles in anyspecified place or area.

(21) Laundries and washing, including—

(a) the regulation, supervision andcontrol of laundries (otherthan public laundriesestablished by the Council)and laundrymen;

(b) t h e i n s p e c t i o n of suchlaundries, and the medicalexamination of those engagedin laundry work;

(c) the l ight ing, vent i lat ion,c l e a n s i n g , d r a inage , andwater supply to laundries;

(d) the prevention of infection andcontagion through articles inthe charge of laundrymen;

(e) f a c i l i t a t i n g inqu i r i e s inconnexion with the spread ofinfectious and contagiousdiseases through laundries,and articles sent thereto anddistributed therefrom.

(22) The licensing, registration, andregulation of lodging-houses,restaurants, eating houses and teaand coffee boutiques.

(23) Dairies, including—

(a) the licensing, registration andregulation of dairies, cowsheds, milk shops, milk stores,dairymen, cow-keepers andpurveyors of milk;

(b) the inspection of dairies anddairy cattle, and the medicalexamination of those engagedin dairies or in the distributionof milk for sale;

(c) the l ight ing, ven t i l a t ion ,cleansing, drainage, and watersupply of dairies and cowsheds in the occupation of

persons following the trade ofcow-keepers or dairymen;

(d) the cleanliness of premises inwhich milk is kept, and ofmilk shops, and of vesselsused for containing milk forsale;

(e) the precautions to be taken bypurveyors of milk and personsselling milk by retail againstinfection and contamination;

(f) the standardization of milk andthe prevention of the sale ofmilk below the prescribedstandard;

(g) the determination of thedeficiency in any of then o r m a l c o n s t i t u e n t s ofgenuine milk (includingcondensed and curdled milk),cream, butter, or cheese, orwhat addition of extraneousmatter, or proportion ofwater, in any sample of milk,cream, butter, or cheese whichshal l , for the purposes ofany enactment, by-law, orregulation for the time beingin force, raise a presumptionuntil the contrary is provedthat the milk, cream, butter,or cheese is not genuine or isinjurious to health;

(h) f a c i l i t a t i n g i n q u i r y inconnexion with the spreadof infectious or contagiousdiseases through dairies.

(24) the registration of cows kept inpremises other than licensed dairies,the cleanliness and drainage of thebuildings or parts of the buildingsin which such cows are kept, andthe levy of fees for the registrationof such cows.

(25) the establishment, maintenance,and regulation of tolls.

(26) The regulation of the terms andconditions on which the assistanceof the fire brigade may be obtainedand the charging and recovering offees for such assistance.

(27) The prohibition or the regulationand control of advertisementsdisplayed or exhibited so as to be

XVIII/82


visible from any street, road, canalor lake, and the charging of fees inrespect of advertisements displayedor exhibited in accordance withby-laws made in that behalf .

(28) The establishment, maintenance,working and supply, and therecovery of charges in connexiontherewith of the following publicservices;—

(a) water supply;

(b) the lighting of streets, publicplaces, and public buildings;

(c) the supply of electric light orpower;

(d) markets;

(e) public baths, bathing places,laundries and places forwashing animals;

(f) any other form of publicservice which the Council hasresolved to provide.

(29) The prohibition of fishing in waterspolluted by refuse and sewage.

(30) The abatement of nuisances,i n c l u d i n g the p r o h i b i t i o n ,regulation and control of theo p e r a t i o n of g r a m o p h o n e s ,loudspeakers, amplifiers and otheri n s t r u m e n t s a u t o m a t i c a l l y orm e c h a n i c a l l y p r o d u c i n g orreproducing sound.

(30A) Taxation, including the renderingof all returns and information thatmay be required for the purposes ofany tax payable, or for the issue ofany licence, under this Ordinance.

(31) The issue of licences in respect ofany act, matter or thing for thelicensing, regulation, supervision orcontrol of which the Council isauthorized to make by-laws, theconditions to be attached to suchlicences, the refusal of such licenceswhether in the absolute discretion

of the issuing authority or inprescribed circumstances and thecancellation or suspension of suchlicences for any non-compliancewith such by-laws.

(32) The control of parking of motor [§ 2, Law 18 ofvehicles within the Municipality by 1977.]providing parking places andcollecting the prescribed fee forparking such motor vehicles in suchplaces:

Provided that the precedingprovisions of this paragraph shallnot apply in respect of motorvehicles of the Sri Lanka TransportBoard.

273. Where a notice, section, plan, orother document is required by any by-law tobe laid before the Mayor, he shall within areasonable time after the same has beendelivered or sent to him signify in writing tothe person by or for whom any work isproposed to be executed his approval ordisapproval of the proposals submitted ; andif the work is commenced after such noticeof disapproval or without such approval,and is in any respect not in conformity withany by-law, the Council may cause so muchof the work to be pulled down or removedas is not in conformity with such by-law.

274. In any case where a MunicipalCouncil may under section 273 pull down orremove any work begun or executed incontravention of any by-law, or where thebeginning or the execution of the work is anoffence in respect whereof the offender isliable under any by-law to a penalty, theexistence of the work during its continuancein such a form and state as to be incontravention of the by-law shall be deemedto be a daily continuing offence, but apenalty shall not be incurred in respectthereof after the expiration of one year fromthe first day when the offence wascommitted or the by-law was broken.

275. In any case where a MunicipalCouncil incurs expenses in consequence of abreach of any by-laws under this Ordinanceby the act or default of any person, theCouncil may recover the amount of suchexpenses in the manner provided in thisOrdinance from the said person.

Approval ordisapproval ofplans.

Continuingoffence.

Recovery ofexpenses.

[§ 7. 42 of1979.]

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Right of entry. 276. In any case where the provisions of the purpose of satisfying himself in regard to any of the matters referred to in

subsection (I), a retired judicial officer toinquire into and report upon such matterwithin a period of three months, and theperson so appointed shall in relation to suchinquiry have the powers of a commission ofinquiry appointed under the Commissionsof Inquiry Act.

this Ordinance are contravened any personauthorized under the provisions of thisOrdinance may, subject to such provisions,enter upon private property, execute anywork, and recover any expenses withoutprejudice to the powers conferred upon suchperson by any by-laws made hereunder.

PART XIV

CENTRAL CONTROL

277. (1) If at any time the Minister issatisfied that there is sufficient proof of—

Powers ofMinister todissolveCouncil forincompetency,&c.[§111. Law 24of 1977.]

(a) incompetence and mismanagement;or

(h) persistent default in the performanceof the duties imposed by thisOrdinance or any other writtenlaw; or

(c) persistent refusal or neglect tocomply with any provisions of law;or

(d) abuse of the powers conferred bythis Ordinance or any other writtenlaw; or

(e) persistent refusal to hold or attendmeetings or to vote or to transactbusiness at any meeting to be held,

on the part of the Mayor, or on the part ofany Municipal Council, or of any of theCouncillors thereof the Minister may as thecircumstances of each case may require byOrder published in the Gazette—

(i) remove the Mayor from office; or

(ii) remove all or any of the Councillorsof the Council from office and theprovisions of section 13 (3) shallthereupon apply; or

(iii) dissolve the Municipal Council;

and such Order shall as soon as may beconvenient be laid before Parliament.

[§l l I. Law 24 (IA) The Minister shall, before makingof 1977.] an Order under subsection (1), appoint for

(IB) (a) When the Minister appoints a [§ 111, Law 24retired judicial officer under subsection ( IA) of 1977.]to inquire into any matter the Minister may,as the circumstances of each case mayrequire, by Order published in the Gazette—

(i) suspend the Mayor from office anddirect the Deputy Mayor or, wherethe office of the Deputy Mayor isvacant or where the Deputy Mayorhas been suspended from office,the Municipal Commissioner toexercise the powers and perform theduties of the Mayor; or

(ii) suspend any Councillor from office;or

(iii) suspend the Council and directthe Municipal Commissioner toexercise the powers and duties ofthe Council and its Mayor.

(b) Upon the receipt of the report of theperson appointed under subsection (IA), theMinister may make an Order undersubsection (1) or revoke the Order madeunder paragraph (a) of this subsection.

(Ic) Where the Minister removes the [§ 111. Law 24Mayor of a Municipal Council from office of 1977-]by Order under subsection (1), the Mayorshall also cease to be a Councillor and theprovisions of the Local AuthoritiesElections Ordinance shall thereupon applywith regard to the filling of such vacancy.

(2) By any subsequent Order publishedin like manner—

(a) the President may appoint for a [§ 2, Law 8 ofstated period or, from time to time, 1974.]a Special Commissioner or SpecialCommissioners to have, exercise,perform and discharge such of therights, privileges, powers, dutiesand functions conferred or imposed

XVIII/84


[§ 2. Law 8 of1974.]

[§2,12 of1959.]

[§ 3, 42 of1968.]

upon, or vested in, the Council orthe Mayor by this Ordinance orother written law as may be setforth in such Order, or in any Orderor Orders amending the same ; or

(b) the Minister may direct that a newMunicipal Council in accordancewith the provisions of thisOrdinance shall be constituted forthe Municipality in place of thedissolved Council.

(3) Every Order made under this sectionshall contain such directions as may benecessary for the purpose of giving effect tothe Order, and shall, on publication in theGazette, have the force of law.

(3A) At any time after the dissolution ofthe Council and after the appointment of aS p e c i a l C o m m i s s i o n e r or S p e c i a lCommissioners under subsection (2), theMinister may by Order published in theGazette direct that a new Municipal Councilin accordance with the provisions of thisOrdinance shall be constituted for theMunicipality in place of the dissolvedCouncil.

(4) Whenever, in consequence of theexercise of the powers conferred by thissection, it becomes necessary for any periodof time to elapse between the dissolution ofthe Council and the appointment of aSpec i a l C o m m i s s i o n e r or S p e c i a lCommissioners or the constitution of a newCouncil, or between the cessation of theh o l d i n g of o f f i c e by t he S p e c i a lCommissioner or Special Commissionerswho was or were appointed and thec o n s t i t u t i o n of a new Counci l , theMunicipal Commissioner shall during suchperiod—

(a) have, exercise, perform anddischarge all the rights, privileges,powers, duties and functions vestedin or conferred or imposed on theCouncil, the Mayor, or the DeputyMayor, by this Ordinance or by anyother written law, and

(b) be the successor of the dissolvedC o u n c i l o r t h e S p e c i a lC o m m i s s i o n e r or S p e c i a lCommissioners, as the case may be.

(4A) The Special Commissioner or [§ 3,42 ofSpecial Commissioners appointed under 1968.]subsection (2) upon the dissolution of aCouncil shall—

(a) if the appointment was madeimmediately after the dissolution ofthe Council, be the successor orsuccessors of the dissolved Council,and

(b) if the appointment was made afterthe Municipal Commissioner undersubsection (4) had had, exercised,performed, and discharged therights, privileges, powers, dutiesand functions referred to in thatsubsection, be the successor orsuccessors of the MunicipalCommissioner,

(4B) The provisions of section 325 with [§ 3,42 ofthe necessary modifications shall— 1968.]

(a) in the case of a MunicipalCommissioner who under sub-section (4) of this section is thesuccessor of a Council whichwas dissolved, or of a SpecialC o m m i s s i o n e r or S p e c i a lCommissioners, apply in the samemanner as if all references to anylocal authority in the aforesaidsection 325 were references to thedissolved Council or to the SpecialC o m m i s s i o n e r or S p e c i a lCommissioners, as the case may be,and as if all references to aMunicipal Council in the aforesaidsection 325 were references to theMunicipal Commissioner, and

( b ) in t h e c a s e of a S p e c i a lC o m m i s s i o n e r w h o u n d e rsubsection (4A) of this section is thesuccessor of a Council which wasdissolved or of the MunicipalCommissioner, apply in the samemanner as if all the references toany local authority in that aforesaidsection 325 were references to theCouncil which was dissolved or tothe Municipal Commissioner, as thecase may be, and as if all thereferences to a Municipal Councilin the aforesaid section 325 werer e f e r e n c e s to the S p e c i a lCommissioner.

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[§ 3, 42 of1968.]

Power ofMinister to callfor extractsfromproceedings.

Power ofMinister to callfor statistics.

Power ofMinister tomake inquiry,

(5) Where, after the dissolution of theMunicipal Council for any Municipality, anew Municipal Council is constituted forthat Municipality, the new Council shall bethe successor of the person or persons who.immediately prior to the constitution of thenew Council had had, exercised, performedand discharged the rights, privileges,powers, duties and functions conferred orimposed upon, or vested in, the Council bythis Ordinance or other written law, and theprovisions of section 325 shall apply withthe necessary modifications in the case ofthe constitution of the new Council in thesame manner as if all the references to anylocal authority in that section werereferences to such person or persons, as thecase may be, and as if all the references to aM unicipal Council in that section werereferences to the new Council.

278. The Minister may by written orderrequire any Municipal Council to furnishhim with any extract from any proceedingsof the Council, or of any standing or specialcommittee of the Council and the Councilshall comply with the requirements of suchorder without unreasonable delay.

279. The Minister may at all times callfor such statistics connected with theworking, income, and expenditure of anyMunicipal Council as he deems f i t ; and theCouncil shall comply with the requirementsof such notice without unreasonable delay.

280. If at any time it appears to theMinister that any Municipal Council isomitting to fulfil any duty or to carry outany work imposed upon it by thisOrdinance or any other written law he maygive notice to the Council that unless, withinfifteen days, the Council shows cause to thecontrary, he will appoint a special officer toinquire into and report to him the facts ofthe case, and to recommend what steps suchofficer thinks necessary for the purpose offulfilling such duty or carrying out suchwork. Such inquiry shall be conducted, asfar as may be practicable, in an openmanner.

281. On the receipt of the report of theofficer appointed under section 280, or ofany special officer appointed under section142, the Minister may determine what dutyor work shall be done or executed, andmake an order requiring the Council, withina time to be specified in such order, to fulfilsuch duty or carry out such work.

282. Where any Municipal Council failsto comply with any order made undersection 281, within the time specifiedtherein, the Minister may direct the Mayoror appoint any other person to fulfil suchduty or carry out such work, and may fixthe remuneration to be paid to such person,and may direct that such remuneration andthe cost of such work shall be defrayed outof the Municipal Fund.

283. (1) For the purpose of fulfillingany duty or carrying out any work referredto in section 281, the Minister may direct aMunicipal Council to raise funds by any oneor more or all of the following methods,namely, the levy of any tax under thisOrdinance or the levy of any such tax at ahigher rate than previously in force or theraising of a loan.

(2) Where the Minister by virtue of thepowers conferred by subsection ( I ) directs aCouncil to raise a loan, the provisions ofPart X and of any regulations madethereunder (except the provision of section191 which requires the sanction of theMinister for the raising of a loan) shallapply to such loan in like manner and to thesame extent as they apply to a loan raisedunder that Part.

(3) Nothing in the preceding provisionsof this section shall be deemed or construedto authorize a Council to levy any tax at arate higher than the maximum rateauthorized by or under this Ordinance.

284. The Minister may, at any time, byOrder published in the Gazette—

(a) vary the limits of any Municipality ;

(b) vary the number of Councillorsprescribed for any MunicipalCouncil ;

Power ofMinister tomake orderrequiringCouncil to dothe necessarywork-

Power toenforce order.

Power to directthe levy of atax oriheraising of aloan.

Power ofMinis ter tovery limits ofMunicipali tyor wards andnumber ofmembers andto dissolve andreplaceCouncil.[§ 112, Law 24of 1977.]

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Effect ofdissolution ofCouncil undersection 284.

(c) dissolve any existing MunicipalCouncil and direct that it shall bereplaced by a new MunicipalCouncil to be constituted inaccordance with the provisions ofthis Ordinance, in lieu of suchexisting Council, whenever itappears to him to be expedient soto do upon any variation of thelimits of the Municipality for whicht h e e x i s t i n g C o u n c i l w a sconstituted ;

(d) dissolve any Municipal Council forthe purpose of constituting anyother local authority in its place.

*286. (1) Where the Minister inpursuance of the provisions of section 284dissolves any existing Municipal Counciland directs that it shall be replaced by a newMunicipal Council to be constituted inaccordance with the provisions of thisOrdinance, the existing Council shall,without prejudice to anything already doneby it, be dissolved from such date as may bespecified by the Minister and shall, fromthat date. cease to have, exercise, performand discharge any of the rights, privileges,powers, duties and functions conferred orimposed upon it or vested in it, by thisOrdinance or by any other written law.

(2) The Minister may in the Order undersection 284 dissolving the existing Councilor in any subsequent Order under thatsection give such directions as may benecessary tor the purpose of giving effect tothe Order and such directions shall, onpublication in the Gazette, have the force oflaw.

(3) During the period that elapsesbetween the dissolution of a Council undersection 284 and the constitution of a newCouncil in its place, the Commissioner shallhave, exercise, perform and discharge allthe rights, privileges, powers, duties andfunctions vested in or conferred or imposedon the Council, the Mayor or DeputyMayor by this Ordinance or by any otherwritten law.

(4) The new Council shall, from the dateof the Constitution thereof, be the successor

Amendment ofSchedules.

Additionalpowers ofMinister.

of the dissolved Council for all purposesrelating to the Municipality and all theprovisions of section 325 shall apply, withthe necessary modifications, in the case ofthe constitution of the new Council, in thesame manner as if alt references to any localauthority in that section were references tothe dissolved Council and as if all referencesto a Municipal Council in that section werereferences to the new Council.

287. (1) The provisions of anySchedule to this Ordinance may be amendedor rescinded by Order made by the Ministerand published in the Gazette.

(2) All references in this Ordinance or inany other written law to the said Schedulesshall be construed as references to theSchedules in force for the time being.

288. The powers and duties conferredor imposed upon the Minister by thisOrdinance shall be in addition to and not inderogation of any powers or dutiesconferred or imposed upon him by anyother written law.

289. (1) The Minister may make Power to makeregulations generally for the purpose of regulallons.giving effect to the principles and provisions 1977.]of this Ordinance and in respect of anymatter for which regulations are authorizedor required by this Ordinance to be made orrequired by this Ordinance to be prescribed.

(2) No regulation made under thissection shall have effect unless it has beenapproved by Parliament and notification ofsuch approval is published in the Gazette.

(3) Every regulation made under thissection shall, upon the notification of suchapproval, be as valid and effectual as if itwere herein enacted.

PART XV

GENERAL

290. Nothing in this Ordinance shall bedeemed or construed to prohibit theexercise, discharge or performance by anyMunicipal Council or the Mayor, DeputyMayor, Commissioner or other officer of

Exercise ofpowers, &c-,conferred byLocalGovernmentService Law.


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Information tobe given bylandlords totenants.

Service ofnotices, &c.

any such Council of any power, function orduty vested in, assigned to or imposed on itor him by the Local Government ServiceLaw or any regulation made thereunder.

291. (I) The landlord of every suchhouse within the Municipality as is let at arent not exceeding the prescribed rent shalldeliver in writing to the tenant of thathouse, at the commencement of the tenancyand before any rent is demanded orcollected, the landlord's name and addressand, if the landlord is not directlyresponsible for keeping that house in allrespects reasonably fit for humanhabitation, the name and address of theperson who is so responsible.

(2) Where there is any failure to complywith the provisions of subsection (1) inrespect of any house, the landlord of thathouse and any person who while suchfailure continues demands or collects anyrent in respect of that house shall be guiltyof an offence and shall on conviction beliable to a fine not exceeding twenty-fiverupees.

(3) In this section—

"landlord", in relation to any house,means the person for the time beingentitled to receive the rent of thathouse, and includes any tenant wholets that house or any part thereofto any subtenant; and

" prescribed rent" means the rentprescribed by the Minister, for thepurposes of this section, by Orderpublished in the Gazette.

292. (1) Every notice, order or otherdocument required or authorized by thisOrdinance or any by-law, regulation or rulemade thereunder to be served on any personmay be served—

(a) by the delivery thereof to suchperson, or by the delivery thereof atthe last known place of abode ofsuch person to some adult memberor servant of his family ;

(b) by the delivery thereof at the usualor last known place of abode or

business of such person in a coveraddressed to such person; or

(c) by the despatch thereof by registeredpost in a letter addressed to suchperson at his usual or last knownplace of abode or business:

Provided always that where the Councilhas made provision for the registration ofowners of property and any owner ofproperty has registered his name andaddress in accordance therewith, every suchdocument shall be served upon him by thedespatch thereof in a letter sent byregistered post to that address.

(2) Every notice, order or otherdocument despatched by registered postshall be deemed to have been served at thetime when the letter containing thedocument would be delivered in theordinary course of post; and in provingsuch service it shall be sufficient to provethat the letter containing the document wasproperly addressed and put in the post.

(3) A notice, order or other documentrequired or authorized by this Ordinance orany by-law, regulation or rule madethereunder to be served on the owner oroccupier of any premises shall be deemed tobe properly addressed if addressed by thedescription of the lt owner " or " occupier "of such premises without the addition of hisname or any further description.

(4) A notice, order or 6ther documentrequired or authorized by this Ordinance orany by-law, regulation or rule madethereunder to be served on the owner oroccupier of any premises may be served bythe delivery thereof or a true copy thereof tosome adult person on the premises or, ifthere is no such person on the premises towhom the document can with reasonablediligence be delivered, by affixing it on someconspicuous part of the premises.

(5) Any notice, application or otherdocument required or authorized by thisOrdinance or any by-law, regulation or rulemade thereunder to be given, made ordelivered to a Municipal Council, shall bedeemed to have been given, made ordelivered to the Council if such notice,

XVI1I/88


Execution ofworks andrecovery ofexpenses.

Power to levycharges onoccupier.

Limitation ofoccupier'sliability.

application, or other document is given,made or delivered to the secretary of theCouncil.

293. Whenever under the provisions ofthis Ordinance or any by-law or regulationor rule made thereunder any work isrequired to be executed by the owner oroccupier of any house, building, or land,and default is made in the execution of suchwork, the Council, whether any penalty is oris not provided for such default, may causesuch work to be executed, and the expensesthereby incurred shall be paid by the personby whom such work ought to have beenexecuted, and, in case of default, shall berecoverable as hereinafter provided.

294. (1) Where the owner of anyhouse, building, or land makes default inthe payment of any expenses referred to insection 293, the Council may, by way ofadditional remedy, whether an action orproceeding has been brought or takenagainst any such owner or not. require thepayment of all or any part of such expensesfrom the person who then, or at any timethereafter, occupies the house, building, orland under such owner.

(2) The whole or any part of anyexpenses referred to in subsection (1) shall,in default of payment by such occupier ondemand, be levied by distress of the goodsand chattels of such occupier.

(3) Every occupier who pays anyexpenses or from whom any expenses arerecovered under the preceding provisions ofthis section shall be entitled to deduct fromthe rent payable by him to his landlord somuch as is so paid by or recovered from himin respect of any such expenses, and toretain possession of the house, building, orland until such expenses are fullyreimbursed to him.

295. (1) No occupier of any house,building, or land shall be liable to pay moremoney in respect of any expenses chargedby this Ordinance on the owner thereof thanthe amount of rent due from him for thepremises in respect of which such expensesare payable at the time of the demand madeupon him, or which at any time after suchdemand and notice not to pay the same to

his l and lord has accrued and becomepayable by him, unless he neglects orrefuses, upon application made to him forthat purpose by the Counci l , t ru ly todisclose the amount of his rent, and theaddress of the person to whom such rent ispayable.

(2) The burden of proof that the sumdemanded of any such occupier is greaterthan the rent which was due by him at thetime of such demand, or which has sinceaccrued, shall be upon such occupier.

(3) Nothing herein contained shall betaken to affect any special contract madebetween any owner and occupier respectingthe payment of the expenses of any suchworks as aforesaid.

296. (1) Whenever default is made bythe owner of any house, building, or land inthe execution of any work required to beexecuted by him, the occupier of suchhouse, building, or land may, with theapproval of the Council, cause such work tobe executed, and the expenses thereof shallbe paid to him by the owner, or the amountmay be deducted out of the rent, from timeto time, becoming due from him to suchowner.

(2) The owner of any house, building, orland shall not be entitled to eject theoccupier thereof until any expenses incurredby the occupier under subsection (1) havebeen fully paid or deducted as provided bythat subsection.

297. If the occupier of any house,building, or land prevents the owner thereoffrom carrying into effect, in respect of suchhouse, building, or land, any of theprovisions of this Ordinance or of any by-law, or regulation or rule made thereunder,after notice of his intention so to do hasbeen given by the owner to such occupier, aMagistrate or Municipal Magistrate uponproof thereof, and upon application of theowner, may make an order in writingrequiring such occupier to permit the ownerto execute all such works, with respect tosuch house, building, or land, as may benecessary for carrying into effect theprovisions of this Ordinance or of any by-law, or regulation or rule made thereunder,

Occupier, indefault ofowner, mayexecute worksand deductexpenses fromthe rent.

Obstruction byoccupiers.

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Remedy ifneither ownernor occupierpays expenses.

Provisionsregarding entryof premises byMayor, &c.

and may also, if he thinks fit, order theoccupier to pay to the owner the costsrelating to such application or order; and if,after the expiration of eight days from thedate of the order such occupier continues torefuse to permit such owner to execute suchworks, such occupier shall be guilty of anoffence, and shall be liable on convictionthereof to a fine not exceeding fifty rupeesfor every day during which he so continuesto refuse, and every such owner, during thecontinuance of such refusal, shall bedischarged from any penalties to which hemight otherwise have become liable byreason of his default in executing suchworks.

298. If neither the owner nor theoccupier of any house, building, or landpays the expenses incurred by the Council,the amount of the expenses shall be a firstcharge upon the house, building, or land inrespect of which the expenses were incurred,and shall be recoverable as such by theCouncil.

299. (1) For the purpose of carryingout the provisions of this Ordinance or ofany by-law, regulation or rule madethereunder, it shall be lawful for the Mayor,the medical officer of health or any officergenerally or specially authorized in thatbehalf by the Mayor or by the medicalofficer of health, at any time betweensunrise and sunset, and after givingreasonable notice to the occupants, to enterany building within the Municipality andmake such inspection and examination ofthe premises as may appear necessary.

(2) Whenever the Mayor or otherperson is empowered by this Ordinance orby any by-law, regulation or rule madethereunder to enter any premises for thepurpose of inspection or for any otherpurpose, the Mayor or such other personmay enter such premises at any timebetween sunrise and sunset but shall give theowner or occupier (except in cases where itis expressly provided by this Ordinance thatnotice need not be given) reasonable noticeof his intention to enter the premises.

(3) Every person who prevents orattempts to prevent the Mayor or any otherperson authorized as aforesaid from

Damage toproperty ofCouncil to bemade good inaddition topenalty.

improvementto privateproperty.

entering any premises, or refuses admittancethereto, shall be guilty of an offence, andshall be liable on conviction to a fine notexceeding fifty rupees.

300. If on account of any act, neglect,default or omission any person is convictedof an offence under this Ordinance, and byreason of the said act, neglect, default oromission of that person, damage is causedto any property of a Municipal Council, heshall, in addition to any other penalty thatmay be imposed for the offence, be liable tomake good such damage and the amount ofsuch damage shall in case of dispute bedetermined by the court by which theperson is convicted, and the amount of suchdamage shall be recovered as if it were a fineimposed by the court.

301. Where a Municipal Council shall Recovery ofhave incurred any expense in executing any expenses on

. , . account ofof the works which under this Ordinance orany by-law, regulation or rule madethereunder the owner of any house,building, or land is required to execute, theCouncil may either recover the amount ofsuch expenses in the manner hereinbeforeprovided, or if it thinks fit, may takeengagements from the said owner forpayment by instalments of such sums as willbe sufficient to defray the whole amount ofthe said expenses, with interest thereon atthe rate of nine per centum per annum,within a period not exceeding five years andsuch sums when due may be recovered bythe same process by which rates may berecovered under this Ordinance.

302. A Municipal Council may make Payment ofcompensation out of the Municipal Fund to compensation.all persons sustaining any damage by reasonof the exercise of any of the powers vestedin the Council, its officers or servants by orunder this Ordinance.

303. (1) Except as herein otherwise Determinationprovided, in all cases where compensation, of

compensation.damages, costs, or expenses are payableunder the provisions of this Ordinance orany by-law, regulation or rule madethereunder, the amount, in case of dispute,and, if necessary, the apportionment of the

XVIII/90


Recovery ofdamages.

same, shall be ascertained and determined inthe following manner:—

(a) where the amount claimed does notexceed one hundred rupees, by aM a g i s t r a t e or a M u n i c i p a lMagistrate after summary inquiryinto the claim;

(b) where the amount claimed exceedsone hundred rupees and does notexceed one thousand five hundredrupees, by the Primary Courthaving local jurisdiction;

(c) where the amount claimed exceedsone thousand five hundred rupees,by the District Judge having localjurisdiction.

(2) In the cases referred to in paragraphs(b} and (c) of subsection (1) the claim shallbe made by ins t i tu t ing a civil actiontherefor. Such action shall be heard anddetermined according to the procedureprescribed by the law for the time being inf o r c e r e g u l a t i n g the h e a r i n g anddetermination of actions brought in PrimaryCourts and District Courts respectively.

(3) Any person aggrieved by a decisionof a Magistrate under paragraph (a) ofsubsection (1) may appeal therefrom to theCourt of Appeal in accordance with theprovisions of section 320 of the Code ofCriminal Procedure Act.

(4) Any person aggrieved by a decisionunder paragraph {b) or paragraph (c) ofsubsection (1) may appeal therefrom to theCourt of Appeal. Every such appeal shall besubject to the provisions relating to appealsto the Court of Appeal contained in thePrimary Courts' Procedure Act and inChapter LVIII of the Civil Procedure Coderespectively.

304. If the amount of compensation,damages, costs, or expenses determinedunder section 303 are not paid by the personliable to pay the same within seven daysafter the demand, such default may bereported to the Magistrate, and the amountthereof shall be recovered in the same wayas if it were a fine imposed by suchMagistrate.

Fees forlicences. &c.[§ 8, 42 of1979.]

proceedings.

305. (I) Where permission is given bythe Council or the Mayor or theCommissioner for making any temporaryerection or for putting up any projection,the Council may charge a fee for suchlicence or permission, and the rates of thefees. to be so charged shall be, from time totime, determined by the Council;

Provided that no such fee shall exceed thesum of one thousand rupees and the feesshall all be taken to the credit of theMunicipal Fund.

(2) Where permission is given or anylicence is granted for the temporaryoccupation of any ground belonging to theCouncil, the Council may charge rent forsuch ground, according to the time theoccupation continues, at such rates as may,from time to time, be fixed by the Council.

306. (1) The Council may direct any Legal andprosecution for any nuisance whatsoever, otherand may order proceedings to be taken forthe recovery of any fines and penalties, andthe punishment of any persons offendingagainst the provisions of this Ordinance orof any by-law, regulation or rule madethereunder, and may order the expenses ofsuch prosecution or other proceedings to bepaid out of the Municipal Fund.

(2) Where any person complains of theexistence of a nuisance to the Mayor, theCouncil shall enquire into the complaint somade, and may make order for abating orremedying such nuisance.

(3) Nothing herein contained shall beheld to preclude any person fromproceeding against the Mayor or theCouncil by mandamus or other proceeding,to compel him or it to put the provisions ofthis Ordinance or of any by-law, regulationor rule made thereunder in force for abatingor remedying a nuisance or in any otherrespect, or to restrain him or it from anundue or illegal exercise of authority.

307. (1) No action shall be instituted Limitation ofagainst any Municipal Council, or the actions againstMayor or any Councillor or any officer of Council.the Council or any person acting under thedirection of the Council or Mayor foranything done or intended to be done under

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Limitation ofprosecutions.

Protection ofCouncillors,&c.

the provisions of this Ordinance or of anyby-law, regulation or rule made thereunderuntil the expiration of one month next afternotice in writing shall have been given to theCouncil or to the defendant, stating withreasonable certainty the cause of suchaction, and the name and the place of abodeof the intended plaintiff and of his proctoror agent, if any, in the action.

(2) Every ac t ion r e fe r r ed to insubsection (1) shall be commenced withinthree months next after the accrual of thecause of action and not afterwards.

(3) If any person to whom notice ofaction is given under subsection ( I ) shall,before action is brought, tender sufficientamends to the plaintiff, such plaintiff shallnot recover in any such action whenbrought, and the defendant shall be entitledto be paid his costs by the plaintiff.

(4) If no tender of amends is madeunder subsection (3) it shall be lawful forthe defendant in such action, by leave of thecourt before which such action is pending,at any time before issue is joined, to payinto court such sum of money as he maythink fit, and thereupon such proceedingsshall be had as in other cases wheredefendants are allowed to pay money intocourt.

308. No person shall be liable to anyfine or penalty under this Ordinance or anyby-law, regulation or rule made thereunderfor any offence triable by a Judge of theHigh Court or Magistrate or MunicipalMagistrate, unless the complaint respectingsuch offence is made within three monthsnext after the commission of such offence :

Provided that in respect of an offenceunder section 234 the complaint may bemade at any time within twelve months nextafter its commission.

309. No matter or thing done or omittedto be done, and no contract entered into byany Municipal Council, and no matter orthing done or omitted to be done under thedirection of the Council, by any Councilloror officer of the Council or by any otherperson whomsoever shall, if the matter orthing so done or omitted to be done or thec o n t r a c t or t h i n g so e n t e r e d in to

was done or omitted to be done or enteredinto bona fide for the purpose of carryingout the provisions of this Ordinance or anyother enactment relating to the powers andduties of the Council, the Mayor, theDeputy Mayor, or the Commissioner, or ofany by-law, regulation or rule madethereunder, subject any Councillor or anysuch officer or other person personally toany action, liability, claim or demandwhatsoever, and any expenses incurred bythe Council, or by any Councillor; or officerof the Council or other person acting asaforesaid shall be borne and repaid out ofthe Municipal Fund :

Provided that nothing in this section shallexempt any Councillor from liability to besurcharged with the amount of any paymentwhich may be disallowed upon the audit ofthe accounts of the Council and whichsuch Councillor authorized or joined inauthorizing,

310. Subject and without prejudice toany other powers, a Municipal Council,where the defendant in any action,prosecution or other proceeding is aCouncillor or an officer, agent or servant ofthe Council, may, if it thinks fit, except sofar as the court before which the action,prosecution or other proceeding is heardand determined otherwise directs, pay out ofthe Municipal Fund all or any part of anysums payable by the defendant in or inconsequence of the action, prosecution orproceeding, whether in respect of costs,charges, expenses, damages, fines orotherwise.

311. Every Councillor, and every officeror servant of the Council duly appointed,and every contractor or agent to whom thecollection of any municipal rate, tax, rent ortoll, or any payment on account of, or inconnexion with, Municipal land is entrustedby or on behalf of the Council, and everyservant or other person employed by suchcontractor or agent, shall be deemed to be apublic servant within the meaning of thePenal Code.

312. Except where otherwise provided,every person who is guilty of an offenceunder the provisions of this Ordinance shallbe liable for every such offence to a fine not

Defendant'scosts, &c., maybe paid fromMunicipalFund.

Councillorsand othersto bepublic servants.

Penalty foroffence.

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Prosecutionsto be beforeMagistrate.

Application offines.

Powers andliability whenextinguishinga fire.

exceeding one hundred rupees, and in thecase of a continuing offence, to a furtherfine not exceeding twenty-five rupees foreach day during which the offence iscontinued after conviction or after service ofa written notice from the Mayor directingattention to such offence.

313. Every prosecution under thisOrdinance shall be instituted before aMagistrate or Municipal Magistrate, andshall be governed by the provisions of theCode of Criminat Procedure Act and it shallbe lawful for such Magistrate to impose thefull fine or penalty herein or in any by-lawprovided, notwithstanding that such fine orpenalty exceeds the limits of his ordinarypowers of jurisdiction.

314. The Magistrate by whom any fineis imposed by virtue of this Ordinance mayaward any portion, not being more thanone-half of the amount recovered, to theinformer, and shall order the remainder, or,if he makes no award to the informer, thewhole of such fine to be paid to the Council.

315. (1) The Superintendent or otherofficer in charge of the fire brigademaintained by any Municipal Council underthe provisions of this Ordinance may,subject to such orders as the Council may,from time to time issue, take command ofthe firemen of such brigade and of any otherpersons who voluntarily place their servicesat his disposal and by himself or throughthose so under his command for the purposeof putting an end to a fire—

(a) remove any persons who interfere bytheir presence with the operationsof the brigade;

(b) break into or through or takepossession of or pull down anypremises doing as little damage aspossible;

(c) shut off the water from the mainsand pipes of any district and utilizethe water of any well or tank; and

(d) generally do all things and take allmeasures that appear expedient forthe protection of life and property.

(2) Any damage occasioned in the dueexercise of the powers under subsection (1)shall be deemed to be damage by fire withinthe meaning of any policy of insuranceagainst fire.

316. The annual expenses of the police Expenses offorce of any Municipality, exclusive of the police.salaries of the Inspector-General of Police,the Superintendents, and the cost ofbarracks, hospitals, arms, and medicalattendants, shall be paid out of theMunicipal Fund of the Council:

Provided that it shall be lawful for theMinister in charge of the subject of Police tofix the numerical strength and cost of suchforce, and without his sanction no reductiontherefrom shall be made by the Council.

317. (1) The Commissioner of LocalGovernment shall prepare and transmit tothe Mayor of each Municipal Council areport containing a general survey of theaffairs of the Council in each year, and theMayor shall cause such report to be tabledfor the information of the Councillors at thenext meeting of the Council held after thereceipt of such report.

(2) For the purpose of preparing thereport referred to in subsection (1), theCommissioner of Local Government or anyofficer generally or specially authorized inthat behalf by him may—

(a) inspect any public building,immovable property or institutionused, occupied or carried on by oron behalf of any MunicipalCouncil, or any work in progressunder the direction of anyMunicipal Council;

(b) call for and inspect any book ordocument in the possession orunder the control of any MunicipalCouncil; and

(c) require any Municipal Council tofurnish accounts of income andexpenditure, reports or copies ofdocuments relating to theproceedings or duties of the Councilor any committee of the Council,and such other information as may

Annualreport ofCommissionerof LocalGovernmenton affairs ofeach MunicipalCouncil.

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ExistingMunicipalit iesto continue.

ExistingMunicipalCouncils tocontinue.

Existing by-laws, &c. , tocontinue.

Specialprovisionsrelating toproperty, &c.,of Councils ofColombo,Kandy andGalle-

be c o n s i d e r e d n e c e s s a r y byt h e C o m m i s s i o n e r of L o c a lGovernment.

PART XVI

T R A N S I T I O N A L A R R A N G E M E N T S A N DMISCELLANEOUS PROVISIONS

318. The Municipalities of Colombo,Kandy and Galle, respectively, existing atthe date of the commencement of thisO r d i n a n c e s h a l l c o n t i n u e t o beMunicipalities subject to the provisions ofthis Ordinance and shall be deemed for allpurposes to have been declared to beMunicipalities under section 2 of thisOrdinance,

319. The M u n i c i p a l Counci l s ofColombo, Kandy and Galle, respectively,constituted and existing at the date of thecommencement of this Ordinance shall bedeemed for all purposes to have beenconstituted under section 3 of thisOrdinance, and the term of office of themembers of each such Council shall bedetermined in like manner as if thisOrdinance had been in operation at the timeof the general election at which the memberswere elected.

320. A l l p r o c l a m a t i o n s , o r d e r s ,notifications, rules, regulations, and by-lawsof or affecting the Municipalities ofColombo, Kandy and Galle, and publishedunder any repealed enactment, and all posts,o f f i ces , a p p o i n t m e n t s , c o n t r a c t s ,assessments, valuations, documents, licencesand permission created or made or granted,rates and taxes imposed, by the MunicipalCouncils of Colombo, Kandy and Galle,under any such enactment shall, so far asthey are not inconsistent with the provisionsof this Ordinance, continue in force and bedeemed for all purposes to have beenpublished, created, made, granted, orimposed, as the case may be, under thisOrdinance.

321. ( I ) All property of any kindwhatsoever, movable or immovable, and allinterests therein, which by virtue of anyrepealed enactment was vested in or held intrust for the Municipal Councils ofColombo, Kandy and Galle, respectively,

with ail rights which were enjoyed by suchCouncils, shall continue to be vested in orheld in trust for the said Councils for thepurposes of this Ordinance.

(2) The M u n i c i p a l C o u n c i l s ofColombo, Kandy and Galle, respectively,may continue to take and receive the tollsheretofore taken and received by themrespectively.

(3) The Municipal Council of Colomboshall be entitled to lake and receive for theMunicipal Fund all stamp duties payablefor and in respect of the licences issuedunder or by virtue of the Excise Ordinanceto sell by retail arrack and rum at tavernssituated within the Municipality ofColombo.

322. Nothing in this Ordinance shall bedeemed to affect the right of the State todemand and receive every several sum orinstalment of money lent under theprovisions of any enactment authorizing thegrant of a loan, to either of the MunicipalCouncils of Kandy and Galle for theconstruction of waterworks, but the saidseveral sums or instalments of money shallcontinue to be charged on the rates andtaxes, rents and all other income andproperty of the Council to which the samewere lent as aforesaid.

323. ( I ) Sections 9, 10, 12, 17. 18, 19,20, 21, 22, 23, 24, 33 and 34 of the ColomboMunicipal Council Waterworks Ordinanceshall apply to the Municipality of Galle.

(2) In the application of the above-named sections of the said Ordinance thefollowing modifications shall have effect:—

(a) for the expression " the WaterworksEngineer " the word " Mayor " shallbe substituted;

(b) so long as a rate shall be leviableunder the provisions of the GalleWaterworks Ordinance, or anyamendment thereof, section 18 ofthe Colombo Municipal CouncilWaterworks Ordinance shall beread as if there were substituted forthe words " the Municipal CouncilsOrdinance " the words " the GalleWaterworks Ordinance. 1891 "•

Loans byGovernment toGalle andKandyCouncils forwaterworks.

Applicationof certainport ions of theColomboMunicipalCouncilWaterworksOrdinance toGalle.[§ 2, Law 38 of1973.]

XVI1I/94


[§ 2, Law 38 of1973.]

Applicationof certainprovisions ofthe ColomboMunicipalCouncilWaterworksOrdinance toKandv.[§ 3, Law 38 of1973.]

Power ofMinister toapplyprovisions ofColomboMunicipalCouncilWaterworksOrdinance toMunicipalCouncils.[§ 3, Law 38 of1973.]Constructionof otherwritten law.

(c) in section 33 of the ColomboMunicipal Council WaterworksOrdinance the expression " theregulations made hereundcr " shallbe taken to refer to by-laws madeor deemed to have been made underthis Ordinance.

(3) The Municipal Council of Galle mayby means of by-laws made and published inmanner provided by this Ordinance applyto the Mun ic ipa l i t y of Galle, with suchmodifications as circumstances may require,any of the regulations contained in theSchedule to the said Colombo MunicipalCouncil Waterworks Ordinance.

323A. (1) Sections 3, 4, 7 and sections9 to 44 (inclusive) of the ColomboMunicipal Council Waterworks Ordinanceand the regulations set out in the Schedulethereto shall apply to the Municipality ofKandy, subject to the modifications set outin the Eleventh Schedule hereto.

(2) In the event of any conflict orinconsistency between the provisions madeapplicable to the Municipality of Kandy bysubsection (1) and the provisions of any by-laws relating to waterworks applicable tosuch Municipality, the provisions madeapplicable by subsection (1) shall prevailover the provisions of such by-laws to theextent of such conflict or inconsistency.

323B. The Minister may, by Orderpublished in the Gazette, apply to anyMunicipality all or any of the provisions oft h e C o l o m b o M u n i c i p a l C o u n c i lW a t e r w o r k s O r d i n a n c e w i t h suchmodifications, to meet the requirements ofthat Municipality, as may be set out in theOrder.

324. (1) Every reference, direct andindirect, in any written law which isapplicable, or in any document or writing toany Municipality or any Municipal Councilor to the Chairman, Assistant Chairman,members, officers or servants of any suchCouncil shall, subject to the provisions ofsubsection (3), be construed respectively asreferences to the Municipality, or Council,or the Mayor, Deputy Mayor, members,officers or servants of the Council, as the

case may be, constituted, elected, orappointed by or under the provisions of thisOrdinance or of any other written law forthe time being applicable in that behalf.

(2) All powers, duties or functionsconferred or imposed upon, or vested in, theCouncil or the Chairman, AssistantC h a i r m a n , M a y o r , D e p u t y M a y o r ,members, officers or servants thereof by anyother written law shall be exercised,performed and discharged subject to theprovisions of this Ordinance.

(3) All powers, duties or functionswhich are required by any written law inforce at the dale of the commencement ofthis Ordinance to be exercised, performedor discharged, by the Chairman or by theAssistant Chairman shall on and after thatdate be exercised, performed, or discharged,subject to the provisions of this Ordinance,by the Council:

Provided that the preceding provisions ofthis subsection shall not be deemed to affectthe powers of delegation vested in anyMunicipal Council by section 32.

325. (1) In any case where aMunicipality for which a Municipal Councilis constituted in accordance with theprovisions of this Ordinance comprises thewhole of the administrative area under thecontrol of any local authority establishedunder the Urban Councils Ordinance or theTown Councils Ordinance or the VillageCouncils Ordinance—

(a) the Municipal Council shall he thesuccessor of such iocal authority forall purposes relating to suchadministrative area from the date ofthe constitution of the Council andsuch local authority shall bedeemed to be dissolved on the dateimmediately preceding that date ;

(b) all licences and permits duly issuedor granted by such local authorityand in force at the said date, shallso far as they are not inconsistentwith the provisions of thisOrdinance be deemed to have beenduly issued or granted by theMunicipal Council under thisOrdinance;

MunicipalCouncils to besuccessors oflocalauthorities.

[§ 29, 48 of1971.]

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(c) all officers and servants in the service (e)of such local authority at the dateon which it is deemed to bedissolved as aforesaid, shall, subjectto the provisions of the LocalGovernment Service Law or ofany regulations made thereunder,become officers and servants of theMunicipal Council and shall,subject to the provisions aforesaid,hold their offices as nearly aspracticable by the same tenor andupon the same terms and conditionsas under the local authority:

Provided that the MunicipalCouncil may abolish any post oroffice which it may deemunnecessary subject to—

(i) in any case where the holder ofthe office or post at the timeof its abolition is not am e m b e r of t h e L o c a lG o v e r n m e n t service , thep a y m e n t o f s u c hcompensation as such holderwould have been entitled toreceive in like circumstances ifhis office or post had beenabolished by such localauthority or as may bedetermined by the MunicipalCouncil; or

(ii) in any case where such holderis a member of the LocalG o v e r n m e n t service , thep a y m e n t o f s u c hcompensation or other awardas he may be entitled tor e c e i v e u n d e r the LocalGovernment Service Law;

(d) all the r i g h t s , powers , du t i e s ,functions, privileges, responsibilities,protections, and immunities of orbelonging to, or vested in, suchlocal authority at the said date,shall, subject to the provisions ofthis Ordinance, be transferred andbelong to, or be vested in, theM u n i c i p a l C o u n c i l in d i r e c tsuccession to such local authorityand the Municipal Council shall inall respects whatsoever be deemedto be the successor of such localauthority;

(f)

(g)

all by-laws made by such localauthority under the Urban CouncilsOrdinance or the Town CouncilsOrdinance, or the Village CouncilsOrdinance, as the case may be, andin force at the said date shall, in sofar as they are not inconsistent withthe provisions of this Ordinance,continue in force and shall bedeemed for all purposes to be by-laws made by the MunicipalCouncil under this Ordinance:

[§ 29, 48 of1971.]

Provided that, notwithstandinganything in this paragraph, any by-law made by any Urban Council orTown Council or Village Council [§ 29,48 ofprescribing the quorum for 1971.]meetings of such Council shall notcontinue in force, and shall betaken not to have been in force onor after the 1st day of January,1951, in relation to the MunicipalCouncil which is or was thesuccessor of the aforesaid UrbanCouncil or Town Council or Village [§ 29,48 ofCouncil; 1971.]

a l t p r o c l a m a t i o n s , o r d e r s ,notifications, rules, regulations andby-laws of or affecting such localauthority and published or madeunder any written law other thanthe enactment under which suchauthority was constituted, and inforce at the said date shall, so far asthey are not inconsistent with theprovisions of this Ordinance,continue in force as if they had beenpublished or made with relation toor in the exercise of the powers ofthe Municipal Council under thisOrdinance, subject nevertheless torevocation or alteration by theMinister or by the MunicipalCouncil, as the case may be ;

all debts, liabilities and obligationsincurred, and all contracts, deeds,bonds, agreements and otherinstruments executed or enteredinto, and all matters and thingsengaged to be done by, with or for,such local authority at the said dateshall be deemed to have beenincurred, executed, entered into orengaged to be done by, with or forthe Municipal Council;

XVIII/96


(h) all rates, taxes, rents, tolls, fines,penalties and sums of money due tosuch local authority at the said dateshall be deemed to be due to theMunicipal Council; (n)

(i) all suits, prosecutions, appeals orother legal proceedings, civil andcriminal, instituted, or which mighthave been instituted, by or againstsuch local authority at the said datemay, subject to the provisions ofthis Ordinance and of any otherwritten law, be continued orinstituted by or against theMunicipal Council;

(j) all decrees or orders made by anycompetent court in favour of, oragainst, such local authority priorto the said date shall be deemed tohave been made in favour of, oragainst, the Municipal Council;

(k) the balance standing to the credit ofthe local fund of such localauthority at the said date, and allinterest or profits arising from anyinvestment or transaction inconnexion therewith, together withthe total amount of any suchinvestments, shall be transferred toand vested in the Municipal Fundof the Municipal Council;

(l) a l l a s s e s s m e n t s , v a l u a t i o n s ,measurements and divisions madeby such local authority at the saiddate shall be deemed to have beenrespectively passed and made by theMunicipal Council;

(m) all property movable or immovablewhich has been vested in, or legallypurchased o-r acquired by, orleased to, or placed at the disposalof, or in any other mannertransferred to such local authority,or which is held in trust for suchlocal authority, or is in itspossession or control at the saiddate shall be held by or in trust forthe Municipal Council subject tothe t r u s t s , charges, l iab i l i t ies ,reservations, servitudes or otherincumbrances and on the terms and

conditions appertaining, attachingor applicable thereto at the saiddate;

such local authority shall, during thelast year of its term of office, settleand adopt the budget and assessand impose all rates, taxes andlicence duties for the ensuing yearin accordance with the provisions ofthe enactment under which suchauthority was constituted, and suchbudget, rates, taxes and duties shall,so far as they are not inconsistentwith the provisions of thisOrdinance, be deemed for allpurposes to have been passed,assessed or imposed, as the casemay be, by the Municipal Councilunder this Ordinance.

1971.]

(2) In any case where a Municipality forwhich a Municipal Council is constituted inaccordance with the provisions of thisOrdinance does not comprise the whole ofthe administrative area under the control ofany local authority established under theUrban Councils Ordinance or the TownCouncils Ordinance, or the Village Councils [§29,48 ofOrdinance, the Minister may, by Orderpublished in the Gazette, direct that theprovisions of subsection (1) shall apply withsuch excep t ions , a d a p t a t i o n s andmodifications, if any, as may be specified inthe Order, and, in particular, withoutprejudice to the generality of the precedingprovisions of this subsection, the Ministermay, by any such Order, issue all suchdirections as he may deem necessary with aview to providing for any unforeseen orspecial circumstances, or to determining oradjusting any question or matter for thedetermination or adjustment of which noprovision or no effective provision is madeby this Ordinance.

(3) For the purposes of this section—

" local authority "—

(a) in relation to the UrbanCouncils Ordinance, means anUrban Council;

(b) in relation to the TownCouncils Ordinance, means aTown Council.

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(c) in relation to the VillageCouncils Ordinance, means aVillage Council.

326. (1) It shall be lawful for theMinister to make Orders providing for anyunforeseen or special circumstances, or fordetermining or adjusting any question ormatter, that may arise in connexion withthe administration of the affairs of anyMunicipality or any Municipal Council forwhich no provision or no effective provisionis made in this Ordinance.

(2) All such Orders shall, uponpublication in the Gazette, have the force oflaw and shall be as valid and effectual as ifthey were herein enacted.

327. (1) In this Ordinance, unless thecontext otherwise requires—

" annual value " * means the annual rentwhich a tenant might reasonably beexpected, taking one year withanother, to pay for any house,building, land, or tenement if thetenant undertook to pay all publicrates and taxes, and if the landlordundertook to bear the cost ofrepairs, maintenance and upkeep, ifany, necessary to maintain thehouse, building, land, or tenementin a state to command that rent:

Provided that in the computationand assessment of annual value noallowance or reduction shall bemade for any period of non-tenancywhatsoever;

" any repealed enactment" means anyenactment repealed by theMunicipal Councils Ordinance,No. 29 of 1947 ;

bridge" includes anydam or bund•

" building " includes any house, hut, shedor roofed enclosure, whether usedfor the purposes of a humanhabitation or otherwise, and alsoany wall;

culvert, sluice.

" canal" includes the full extent ofwaterway from bank to bank,together with the sides, towingpaths, embankments, drains andditches belonging thereto ;

" cart" means every vehicle drawn by abullock or bullocks, or by a buffaloor buffaloes;

" Commissioner", in relation to anyMunicipality, means the MunicipalCommissioner of the MunicipalCouncil constituted or deemed tobe constituted under this Ordinancefor that Municipality and includesany Deputy or Assistant MunicipalCommissioner of such Council andany person appointed to act as suchMunicipal Commis.sioner or suchDeputy or Assistant MunicipalCommissioner, and any officer ofsuch Council empowered by orunder this Ordinance to exercise,perform or discharge any of thepowers, duties or functions of theCommissioner to the extent tow h i c h s u c h o f f i c e r is soempowered ;

" Commissioner of Local Government"includes any Deputy Commissionerof Local Government;

" Council" or " Municipal Council ", inrelation to any Municipality, meansthe Municipal Council constitutedor deemed to be constituted undert h i s O r d i n a n c e f o r t h a tMunicipality;

" Councillor" means a member of anyCouncil;

" elections officer", in relation to anyMunicipality, means the electionsofficer appointed, under theprovisions of the Local AuthoritiesElections Ordinance, for theadministrative district in which suchMunicipality is situated andincludes any assistant electionsofficer so appointed;

[§ 29, 48 of1971.]

Orders fortransitionalperiod.

Interpretation.

* This definition of annual value shall not have effect in such areas as may be specified in an Order undersection 2 of the Rating and Valuation Ordinance.—See section 76 thereof.

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[§ 115, Law 24of 1977.]

" Local Government service " means theLocal G o v e r n m e n t s e r v i c ec o n s t i t u t e d by t h e Loca lGovernment Service Law;

" Magistrate" means any Magistrateh a v i n g j u r i s d i c t i o n w i t h i n aMunicipality;

" Mayor " and " Deputy Mayor " meansrespectively the Mayor and DeputyMayor elected in accordance withthe p rov i s ions of the LocalAuthorities Elections Ordinance.

" medical officer of health" means anymedical officer of health of aCouncil and includes any assistantmedical officer of health of suchCouncil and any person appointedto act as such medical officer ofhealth or such assistant medicalofficer of health;

" Municipality '" means any area declaredor deemed to have been declared tobe a Municipality under section 2 ofthis Ordinance;

" Municipal Magistrate", in relation toany M u n i c i p a l i t y , means theMunicipal Magistrate appointed forsuch Municipal i ty under thisO r d i n a n c e and i n c l u d e s anyadditional Municipal Magistrate soappointed;

" nuisance " includes any act, omission, orthing occasioning or likely tooccas ion i n j u r y , a n n o y a n c e ,offence, harm, danger, or damageto the sense of sight, smell, orhearing, or which is or is likely tobe dangerous or injurious to healthor property;

" owner " includes the person for the timebeing receiving the rent of thepremises in connexion with whichthe word is used, whether on hisown account or as agent or trusteefor any other person, or who wouldreceive the same if such premiseswere let to a tenant;

" premises" includes all messuages,buildings, lands, and servitudes,

and all servitudes shall be deemedto be part of the property to whichthey appertain, or in connexionwith which they are enjoyed ;

" prescribed " means prescribed by anyby-law made or deemed to havebeen made under this Ordinance ;

" private market" means any place (notbeing a public market) ordinarilyused as a market for the sate ofanimals, or of meat, fish, fruit,vegetables, or other perishablea r t i c l e s of food for h u m a nconsumption;

" proper officer" means the officer incharge of any work executed or tobe executed on or in connexionwith any street by direction of aMunicipal Council;

" public" when applied to any drain,culvert, gutter, or watercourse,means vested in the Council;

" public market " means any place whichhas heretofore been a public marketunder any repealed enactment orwhich may hereafter be declared tobe a public market by resolution ofthe Council;

" river" includes all public navigablestreams, lakes, and all towing pathsa n d e m b a n k m e n t s t h e r e t obelonging;

" street " includes any road, square, court,alley, lane, or passage, river orcanal, whether a thoroughfare or not,over which the public have a rightof way, together with the land (notbeing State property or privateproperty), whether covered or notby any pavement, verandah, orother structure, which lies betweenthe roadway and the main wall ofany house adjacent thereto, as wellas all drains, embankments, andditches belonging or appertainingthereto, also all public open places,and also the roadway over anypublic bridge or causeway within aMunicipality, and such waste landadjoining any street or road as mayh a v e b e e n r e s e r v e d f o r i tsprotection or benefit;

XVIII/99


" vehicle" includes any carriage, cart,coach, or tram car, and everyartificial contrivance, not being amechanically propelled vehicle,used or capable of being used as ameans of transportation on land ;

" work" includes the partial or totalconstructing, reconstructing, pullingdown, opening, cutting into, addingto, and altering any building, wall,retaining wall, chimney stack, flue,scaffold, ground, road, well, drain,pier, wharf, fence, or any other likeoperation whatsoever.

(2 ) For t h e p u r p o s e s of t h i sOrdinance—

(a) a person shall be deemed to residein, or to be a resident of, any place,if he has, and from time to timeuses, a sleeping apartment in anybuilding therein;

(b) a person shall not be deemed tocease to reside in, or to be aresident of, such place because he issometimes absent from the saidbuilding or has, or from time totime uses, a sleeping apartment in abuilding in another place :

Provided that he is at liberty toreturn, and has not abandoned theintention of returning to such first-mentioned building at any time;and

(c) a reference to an Ordinance orenactment includes any enactmentamending the Ordinance orenactment referred to, and anyOrdinance or enactment substitutedfor it, and also rules, regulations,by-laws, notif ications or ordersmade under any of such Ordinancesor enactments and for the timebeing in force.

(3) For the purposes of this Ordinance—

(a) the construction or making of anystreet, building, drain, or workincludes—

(i) every increase in the length orwidth or alteration in the levelof any street;

(ii) every alteration which involvesnew foundations or increasedsuperstructure on existingfoundations;

(iii) the reconstruction of anybuilding pulled down to orbelow the ground floor, or ofany frame building, of whichonly the framework is leftdown to the ground floor, orof which one-half of the cubiccapacity has been removed ;

(iv) the conversion into a dwellinghouse of any building notoriginally constructed for thehabitation of any humanbeing other than in thecapacity of a caretaker;

(v) the conversion into more thanone dwelling house of abuilding originally constructedas one dwelling house only ;

(vi) every increase in the length oralteration of the size of anydra in , or any add i t ion tothe app l i ances connectedtherewith, or the re-laying ofany drain or appliance; and

(b) the alteration of any street, building,drain, or other work includes everyalteration in regard to any matterprovided for under this Ordinanceor under any by-law, regulation orrule in force at the time of suchalteration.

(4) In determining for the purposes of [§ 2,4 of 1969.]this Ordinance the annual value of anypremises to which the Rent Act applies, andin assessing the annual rent of such premisesfor the purposes of such determination, aMunicipal Council shall not have regard tothe provisions of that Act.

XVIII/100


FIRST SCHEDULE

OATH OF ALLEG1ANCE AND OFFICE

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do solemnly aff irm, swear that t w i l l be faithful and bear trueallegiance to the Republic of Sri Lanka and that 1 will well and t ru ly serve the Republic of Sri Lanka and duly andfai thful ly and to the best of my abi l i ty , knowledge and judgment perform the duties of my office as . . . . . . . . . . . .. . . . . . . . . . . . . . .in accordance wi th the Cons t i tu t ion and wi th the law and that I will do all right to all mannerof people after the laws and usages of the Republic of Sri I.anka, without fear or favour, affection or ill-will.

[FirstSchedule, 2 of1978.][Section 167.]

On this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . at. . . . . . . . . .

Before me,

Justice of the Peace.

SECOND SCHEDULE

STAMP DUTIES AND FEES ACCORDED TO MUNICIPAL COUNCILS [Section 185.]

1. All stamp duties and fees assigned to Municipal Councils by—

(a) the Boats Ordinance ;

(b) the Butchers Ordinance ;

(c) the Vehicles Ordinance ;

(d) any other enactment by which any special provision is made in that behalf.

2. All sums paid as fees or stamp duties in respect of licences authorizing the exercise of any right or privilegewithin the Municipality under—

(a) the Masters Attendant Ordinance :

(b) the Poisons. Opium, and Dangerous Drugs Ordinance ;

(c) the Firearms Ordinance ;

(d) the Excise Ordinance ; and

(e) the Petroleum Ordinance.

3. All stamp duties paid by the inhabitants of the Municipality—

(a) being atlorneys-at-law, on certificates of admission under section 40 <2) of the Judicature Act;

(b) being notaries, on warrants, certificates and declarations issued or made under the Notaries Ordinance ;

(c) being pawnbrokers on licences issued under section 3 of the Pawnbrokers Ordinance; [§ 9, 42 of1979.]

(d) in respect of articles of apprenticeship or upon any contract whereby any person shall first become boundin order to qualify himself as a notary or a pharmacist.

3A. All stamp duties paid under the Stamp Ordinance* in respect of transfers, mortgage bonds, gifts and leases [§ 9, 42 ofaffecting any land situated within the administrative limits of the Municipal Council. 1979.]

4. All fees paid by the inhabitants of the Municipality for registration as auditors under the CompaniesOrdinance.†

* Repealed and replaced by the Stamp Duly Act, No. 43 of 1982.† Repealed and replaced by the Companies Act, No. 17 of 1982.

XVIII/101


[Section 235.]

THIRD SCHEDULE

FORM OF NOTICE OF ASSESSMENT

Municipality of ......................

No.

To.

Municipal Office,

. . . . . . 1 9 . . . . . .

Take notice that by virtue of the Municipal Councils Ordinance, the Municipal Council have ordered you to beassessed in respect of the under-mentioned property at the sums hereunder set forth ;—

Propertyassessed

AnnualValue asassessed

Amount of Rate payable, and limes ofpayment in all for the Year

On or before the . . . . . . . day o f . . . . . . . 19 ...., Rs . . . . . . . .On or before the ....... day of.......... 19 ...., Rs........On or before the . . . . . . . day of . . . . . . . 19 . . . . , Rs. . . . . . . .On or before the . . . . . . . day o f . . . . . . . . . . 19 .. . . , Rs . . . . . . . .

Or as the case may be.

Date of service;

. . . . . day o f . . . .,19

You are hereby required to pay the amount of the above rate (or rates) at the Municipal office in theproportions and at the times shown above; in failure whereof a warrant will be issued by the Municipal Councilfor the recovery of the same with costs.

[Section 245.]

[§ 10, 42 of1979.]

FOURTH SCHEDULE

Rs. Cts.For every vehicle other than a motor car, motor tricar, motor lorry, motor bicycle, cart, handcart,

jinricksha, bicycle, tricycle .. .. .. 25 0

For every bicycle or tricycle or bicycle car or cart, or tricycle car or cart—

(a) if used for trade purposes . . . . . . 10 0

(b) if used for other than trade purposes . . .. .. 5 0

For every cart .. .. .. 20 0

For every handcart . . . . 10 0

For every jinricksha .. . . . . 7 50

For every horse, pony or mule . . . . .. 15 0

For every elephant .. . , . . 50 0

Children's vehicles the wheels of which do not exceed 26 inches in diameter, wheelbarrows, handcarts, used fortrade purposes solely within private premises, and handcarts not used for trade purposes are exempted frompayment.

In this Schedule, " trade purposes " includes the carriage or transport, in connexion with any business or tradeand whether for sale or otherwise, of any article or goods of any written or printed matter.

FIFTH SCHEDULE

[Section 252.]

To

FORM OF WARRANT OF DISTRESS AGAINST DEFAULTERS

and his Assistants.

Whereas the persons named in the schedule underwritten have been rated by the Municipal Council (or beentaxed under the . . . . . . . . . . . . section of the Municipal Councils Ordinance, as the case may be) atthe sums opposite their respective names : And whereas the said persons have made defaul t in

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the payment of the said several sums to the Council, and the said sums are still due and owing, although noticedemanding payment of the same was served on the said persons:

These are therefore to order you forthwith to seize the property of the said persons (or the movable property ofany person whomsoever which you may find in or upon the premises in the said schedule mentioned); and ifwithin the space of eight clear days next after the said seizures respectively the said several sums set opposite totheir respective names, together with the costs leviable under section 255 of the said Ordinance, shall not be paid,then to sell the property seized by public auction, and the surplus (if any), after payments of the rate due (or lax,as the case may be) and costs, to restore to the owner or any joint owner of the property so sold ; and that you docertify to me on or before the . . . . . . . . . . . day of . . . . . . . . . . what you shall have done by virtue of thiswarrant.

Schedule

Names ofDefaulters

Descriptionof Properties

Situation ofProperties

Amount ofRate or Tax Total

Given under my hand at .,this day of 19

A.B..Municipal Commissioner.

[§16,48 of1971.]

To

(The form and schedule to be varied as may be necessary in the case of tax.)

SIXTH SCHEDULE

FORM OF WARRANT OF DISTRESS AGAINST DEFAULTERS

.. and his Assistants.

[Section 253.]

Whereas the persons named in the first column of the schedule hereto are indebted to the Municipal Council inthe sums specified in the second column of the said schedule for rent in respect of the premises specified in thethird column of the said schedule, and such sums are fourteen days (or more than fourteen days), in arrears, theseare therefore to order you forthwith to seize the property of the said persons within the Municipal limits or themovable property of any person whomsoever which you may find in or upon the premises in the said schedulementioned ; and if within the space of eight clear days next after the said seizures respectively the said several sumsset opposite to their respective names, together with costs leviable under section 255 of the Municipal CouncilsOrdinance, shall not be paid, then to sell, as near as may be, sufficient of the property seized by public auction,and the surplus proceeds of sale (if any), after payment of the rent due and costs, to pay, and any propertyremaining unsold to restore, to the owner, or any joint owner of the property; and that you do certify to theCouncil on or before the . . . . . . . . . . . day of. . . . . . . . . . . . . what you shall have done by virtue of this warrant.

Schedule

Names of Defaulters Amount of Rent Premises in respect of which Rent is due

N.B.—The two sets of words " fourteen days "anrf"more than fourteen days "to be used to suit the particularcircumstances of the case.

A.B., [§17, 48 ofMunicipal Commissioner. 1971.]

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SEVENTH SCHEDULE

[Section 259.] CERTIFICATE OF SALE

Whereas . . . . . . . . . . . . . of . . . . . . . . . . . . . was rated (or taxed, as the case may be) under the MunicipalCouncils Ordinance, and became liable to the Municipal Council of . . . . . . . . . . . . in the sum of . . . . . . . . . . . .rupees, inclusive of costs, and made default in the payment thereof:

And whereas warrant of distress was issued in conformity with the said Ordinance, and the property of the said. . . . . . . . . . . . . to wit (here describe ihe properly), was sold on the . . . . . . . . . . . . day of . . . . . . . . . . . . . and thesame was purchased by . . . . . . . . . . . . for . . . . . . . . . . . .rupees, which sum has been duly paid by the said . . . . .

[§ 18, 48 of Now know Ye thai I, . . . . . . . . . . . . . the Commissioner of the said Municipal Council, by virtue of the powers1971-] in me vested by the said Ordinance, do hereby certify that such sale and purchase have duly taken place, and that

the property above described is and shall henceforward be vested free from all encumbrances in the said . . . . . . . .his heirs, executors, administrators, and assigns for ever.

Given under my hand at ..this day of 19

[§18,48 of1971.]

A. A,Municipal Commissioner.

EIGHTH SCHEDULE

[Section 263.] CERTIFICATE OF PURCHASE BY COUNCIL

Whereas the sum of . . . . . . . . . . . . rupees was due to the Municipal Council of . . . . . .of . . . . . . . . . . . . . for and on account of (here describe rate or lax), and a further sum ofwas likewise due for costs and charges, which said sums have not been paid by the said ....

byrupees

[§ 19, 48 of1971.]

And whereas the land hereinafter described, belonging to the said . . . . . . . . . . . . . was seized and sold inconformity with the provisions of the Municipal Councils Ordinance, and the same was purchased on the . . . . . . ...... day of . . . . . . . . . . . . for and on behalf of the said Municipal Council in part satisfaction (or full, as thecase may be) of the sum of . . . . . . . . . . . . rupees so due as aforesaid, and . . . . . . . . . . . . rupees for costs andcharges:

Now know Ye that I, . . . . . . . . . . . . . (the Commissioner of the said Municipal Council), by virtue and inexercise of the power vested in me in this behalf by the Municipal Councils Ordinance, do hereby certify that thefollowing property, to wit: (here describe the properly), has been sold to and purchased by the said . - . . - , . . . . .for and on behalf of the said Municipal Council for the sum of . . . . . . . . . . . . rupees, which said sum has beenduly credited to the said Council, and that the said premises are and shall henceforward be vested in the saidCouncil free of all encumbrances.

Given under my hand at this day of19.

[§ 19, 48 of1971.]

A.B..Municipal Commissioner.

NINTH SCHEDULE

[Section 266.] FORM OF NOTICE DETERMINING TENANCY

To

Whereas an amount of . . . . . . . . . . . . was payable by you to the Municipal Council o f . . . . . . . . . . . . on the. . . . . . . . . . . . day of . . . . . . . . . . . . as rent in respect of premises . . . . . . . . . . . . and has not been paid, theMunicipal Council of . . . . . . . . . . . . . acting under section 266 of the Municipal Councils Ordinance, herebydetermine the cor.ti act of tenancy existing between you and the Municipal Council of . . . . . . . . . . . . and herebyrequire you to quit the said premises at or before the expiration of a month from the date of service on you of thisnotice.

If you fail to quit the said premises as required by this notice, you and all persons occupying the premises underor with your permission will be ejected therefrom.

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TENTH SCHEDULE

FORM OF WARRANT OF EJECTMENT [Section 266.]

To . . . . . . . . . . . and his Assistants.

Whereas on the respective dates specified in the first column of the schedule hereto the Municipal Council of. . . . . . . . . . . acting under section 266 of the Municipal Councils Ordinance, caused the persons named in thesecond column of the said schedule to be served with notices determining their respective tenancies of the premisesspecified in the third column of the said schedule and requiring them to quit such premises at or before theexpiration of a month from the date of service : And whereas the said persons have not quitted the said premises inaccordance with the said notice :

These are therefore to authorize you forthwith to eject from the said premises the persons named herein and allpersons occupying the same under or with the permission of the persons named herein ; and that you do certify tothe Council on or before the . . . . . . . . . . . day of . . . . . . . . . . . what you shall have done by virtue of thiswarrant.

Schedule

Dates of Service of Notice Names of Persons served withNotice

Premises in respect of which Warrant is tobe executed

ELEVENTH SCHEDULE [§ 4. Law 38 of1973.]

Modifications of the provisions of the Colombo Municipal Council Waterworks Ordinance in their application [Sectionto the Municipality of Kandy. 323A.]

(1) In section 7—

(a) for the expression " Municipality of Colombo,", substitute the expression " Municipality ofKandy,";

(b) for the expression ** Colombo Municipality, ", substitute the expression " Kandy Municipality, "; and

(c) for the expression " or pumps for the gratuitous use of the inhabitants of the Municipality fordomestic purposes. ", substitute the expression " or pumps. ".

(2) In section 13 omit the expression " and vested in the Council by this Ordinance ".

(3) In section 14 for the expression "the Municipality of Colombo", substitute the expression "theMunicipality of Kandy ".

(4) In section 15, in subsection (1) thereof for the expression "Judge of the Primary Court of Colombo,"substitute the expression " Judge of the Primary Court of Kandy, ".'

(5) In section 21 omit the expression " for other than domestic purposes. ".

(6) In section 44—

(a) for the expression " Magistrate's Court of Colombo; " , substitute the expression " Magistrate'sCourt of Kandy; "; and

(b) in the marginal note to that section, for the expression " Magistrate of Colombo ", substitute theexpression " Magistrate of Kandy ".

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(7) In the Schedule thereto—

(a) in regulation 4, substitute for all the words and figures from " Form A in this Schedule shall havebeen previously entered into with the Municipal Council. ", to the end of that regulation, of thefollowing:—

** Form A or Form I in this Schedule, as the case may be, shall have been previously enteredinto with the Municipal Council:

Provided that pending the making of such an agreement, any agreement entered into by anyperson with the Council under the by-laws made by the Council shall for all purposes be deemedto have been entered into under these regulations. ";

(b) immediately after regulation 4, insert the following new regulation:—

"4A. No owner or occupier shall be provided with a private service of water for domesticpurposes unless an agreement in the form G or H in this Schedule as may be applicable shallhave been previously entered into with the Municipal Council by the owner or occupier. ";

(c) for regulation 17, substitute the following new regulation:—

" 17. All pipes and fittings used in the construction of any service shall, unless otherwisespecified in these regulations, be of the thickness and quality approved by the WaterworksEngineer.";

(d) in regulation 31 for the expression "for other than domestic purposes", substitute the expression" for domestic or for other than domestic purposes ";

(e) for regulations 32, 33, 34, 35 and 36, substitute the following regulations :—

" 32. Water supplied to premises occupied wholly or in part for the following purposes shallbe considered as supplied for other than domestic purposes, namely :—

(a) Commercial Purposes Class I—for the purposes of conducting or carrying on any trade ormanufactory where water is used exclusively for the benefit of persons engaged oremployed therein, including Private Dental Clinics, Private Nursing Homes,Private Hospitals, Private Dispensaries and Private Surgeries.

(b) Commercial Purposes Class 2—conducting any trade or business where water is used forcatering for persons other than those referred to in Class 1 above in furtherance ofsuch trade or business and shall include the following:—

1. Hotels and Bakeries.

2. Eating Houses.

3. Restaurants.

4. Refreshment Rooms.

5. Private Boarding Houses (other than those attached to educational andreligious institutions).

6. Private lodging houses (other than pilgrim rests).

7. Private hostels or Guest houses.

8. Liquor Bars.

9. Taverns.

10. Milk Bars.

11. Ice Cream Parlours.

12. Photographic Studios.

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13. Canteens.

14. Carnivals.

15. Fairs.16. Clubs.17. Cinemas.

18. Theatres.

19. Places of Entertainments.

20. Battery (electrical storage cells) repairers.

21. Vegetable shops (other than those in the Municipal Central Market).

21. Florists (other than those in the Municipal Central Market).

23. Plant shops (other than those in the Municipal Central Market).

24. Building works, road making or road repairing purposes, other than Municipalroads.

25. Structural works.

26. Hair Dressing Saloons.

27. Public bathing places where fees are levied from persons using them.

28. Swimming baths, or for watering gardens or compounds, where special appliancesor connections are fixed permanently or temporarily to any service pipes or mainfor the purpose.

29. Aquariums.

30. Dairies.

31. Piggeries, keeping of horses and cattle.

32. Such other trade or business which the Council may by resolution declare, fromtime to time, as falling within this category.

(c) Industrial Purposes—conducting or carrying on any trade or manufactory which chieflydepend on water and include the following :—

1. Factories, using water for cooling engines or generating steam.

2. Factories utilizing water for manufacture of products.

3. Aerated water manufactories.

4. Ice manufactories.

5. Dye Works.

6. Laundries.

7. Syrup manufactories and canning industries other than dry canning.

8. Motor vehicles service stations, garages and workshops using water for washingvehicles, machinery and other equipment connected with the trade carried therein.

9. Leather tanneries.

10. Manufacturing of cement concrete articles.

11. Bottle washing firms and distilleries.

12. Liquor manufactories.

13. Chemical manufactories.

14. Electroplating works.

15. Soap manufactories.

16. Refrigeration rooms.

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17. Processing and packing establishments.

18. Brick, tile and ceramic manufactories.

19. Such other industries which the Council may by resolution declare, from time totime, as falling within this category.

33. All water supplied in bulk to local authorities, the Government Railway, Shipping lines andsuch other bulk supply which the Council may, from lime to time, by resolution declare as fallingwithin this category shall be considered as supplied for other than domestic purposes.

34. Every private service of water not falling within the categories hereinbefore mentioned shallbe deemed to be supplies for domestic purposes.

35. The prices of water supplied by meter to premises shall be as follows:—

A. For commercial purposes falling under—

Class I—Re. 1.50 per 1,000 gallons.

Class 2—Re. 1.65 per 1.000 gallons.

B. For industrial purposes at Re. 1.65 per 1,000 gallons.

C. For bulk supplies at Re. 1.30 per 1,000 gallons.

D. In the case of water supplied for domestic purposes to premises in respect of whichconsolidated rates or a fixed sum in lieu of such rates is not payable, the Councilmay make a charge at such rates as the Council may by resolution fix from time tolime.

E. For domestic purposes other than to premises referred to in item D at Re. 1 per 1,000gallons.

F. For temporary connections for a period not exceeding one month at Re. 1.65 per 1,000gallons.

36. Where water is supplied other than by meter the Council may make an assessment based onthe probable quantity of water used on the premises as determined by a temporary meter or asdetermined by the Waterworks Engineer. ";

(f) in regulation 40, for the expression " in regulation 35 (5), ", substitute the expression " in regulation 36, ";

(g) in the Forms A and E for the expression " the Colombo Municipal Council **, substitute the expression"the Kandy Municipal Council ";

(h) in the Form A—

(i) in paragraph 4 thereof, for the expression " thereunder shall ", substitute the expression " thereundershall in so far as they apply to the Kandy Municipal Council "; and

(ii) for the expression " Signed at Colombo, " wherever that expression occurs in that Form, substitutethe expression " Signed at Kandy, ";

(i) In the Forms B, D, E and F for the expression " Co lombo , . . . . . . . 19 . . . . . ." , substitute the expression"Kandy, - . . - , . , 19 . . . . . . ";

(j) in the Form C for the expression " To the Waterworks Engineer, Colombo ", substitute the expression " Tothe Waterworks Engineer, Kandy. **;

(k) in the Form E for the expression " Municipal Council of Colombo ", substitute the expression " MunicipalCouncil of Kandy "; and

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(t) immediately after Form F insert the following new Forms ;—

"FORM G [Regulation 4A.]

AGREEMENT FOR SUPPLY OF WATER FOR DOMESTIC PURPOSES

Agreement for supply of water by meter or otherwise for domestic purposes to premises N o . . . . . . . . . . . . . . . .b e t w e e n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(name in full)

(hereinafter styled the " owner ") on the one part and the Municipal Council of Kandy on the other part.

2. In consideration of being allowed a supply of water for domestic purposes to the aforesaid premises, theowner hereby agrees to abide by the conditions hereinafter set forth :

(a) That the water shall be supplied through a. . . . . . . . . . inch meter.

(b) That the owner shall pay or cause to be paid the sum of Rupees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a quarter, to the Municipal Council of Kandy as the rent of the meter.

(c) That the owner shall pay or cause to be paid to the Municipal Council of Kandy, at the rate of Rupees. . . . . . . . . . . . . . . per thousand gallons, for the quantity of water supplied during each month.

3. The owner shall pay the estimated cost of such private services (if installed by the Municipal WaterworksEngineer) cost of installing the meter or meters, and also the estimated cost of all future repairs, extensions andalterations executed by the Council, upon payment being demanded by the Municipal Waterworks Engineer.

4. If the rent of the meter or charge for water supplied is not paid to the Municipal Council within thirty daysfrom the due dale, the right to the separate service shall be forfeited and the Municipal Council may discontinuethe supply.

5. The provisions of the Colombo Municipal Council Waterworks Ordinance and of the regulations madethereunder shall in so far as they apply to the Kandy Municipal Council be taken as part of this agreement andany regulations which may be made thereafter under any sections of the said Ordinance shall also be binding onthe parties to this agreement.

6. The agreement may be determined by either party giving to the other party seven days' notice of his or itsintention to determine the same. In the event of its being so determined, the owner of the premises shall not beentitled to the use of the separate service until a fresh agreement shall have been made.

7. The owner further undertakes to be responsible for the safety of the water meter and fittings thereto andagrees to make good any loss or damage to same.

8. A regular water supply to this premises will not be guaranteed, and in the event of a failure due to lack ofpressure in the mains or for any other reason, the Council does not undertake to transport water to the aforesaidpremises.

9. The owner shall give due notice whenever a change of occupiers is about to take place in respect of theaforesaid premises, and no occupier shall be entitled to the use of the service until he has entered into a freshagreement with the Council.

Owner of the premises.Witnesses:

(1)

(2)No. . . . . . . . . . . . . . . . . . . Street.

Waterworks Engineer,on behalf of the Municipal Council, Kandy.

Municipal Council,Kandy..........19.

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[Regulation 4A.] FORM H

FORM OF AGREEMENT FOR SUPPLY OF WATER FOR DOMESTIC PURPOSES

Agreement for a supply of water by meter or otherwise for domestic purposes to premises No.. . . . . . . . . . . . . .b e t w e e n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(not being the owner hereinafter styled " the occupier ")on the one part and the Municipal Council of Kandy on the other pan.

2. In consideration of being allowed a supply of water for domestic purposes to the aforesaid premises theoccupier hereby agrees to abide by the conditions hereinafter set forth :

(a) That the water shall be supplied by a . . . . . . . . . . inch meter.

(b) That the occupier shall pay or cause to be paid the sum of Rs. . . . . . . . . . . . . -a quarter to the MunicipalCouncil of Kandy for the rent of the meter.

(c) That the occupier shall pay or cause to be paid to the Municipal Council of Kandy, at the rate ofR s . . . . . . . . . . . . per thousand gallons for the quantity of water supplied during each month.

3. The occupier shall pay the estimated cost of service connection, installation of meter or meters and also theestimated cost of all future repairs thereto upon payment being demanded by the Municipal Waterworks Engineer.

4. If the rent of the meter or charge for water supplied is not paid to the Municipal Council within thirty daysfrom the due date, the right to the separate service shall be forfeited and the Municipal Council may discontinuethe supply.

5. The provisions of the Colombo Municipal Council Waterworks Ordinance and of the regulations madethereunder shall in so far as they apply to the Kandy Municipal Council be taken as part of this agreement andany regulations which may be made hereafter under any sections of the said Ordinance shall also be binding on theparties to this agreement.

6. The agreement may be determined by either party giving to the other party seven days' notice of his or itsintention to determine the same. In the event of its being so determined the tenant of the premises shall not beentitled to the use of the separate service until a fresh agreement shall have been made.

7. The occupier further undertakes to be responsible for the safety of the water meter and fittings thereto andagrees to make good any loss or damage to same.

8. The occupier doth hereby deposit a sum of Rs.. . . . . . . . . . .with the Municipal Council of Kandy whichsaid sum may be set off against any dues in respect of water meter and any other charges due to the Council fromthe occupier.

9. A regular water supply to this premises will not be guaranteed and in the event of a failure due to lack ofpressure in the mains or for any other reason the Council does not undertake to transport water to the aforesaidpremises.

10. The occupier shall give due notice whenever he intends vacating the premises to the Municipal Council andthe Council shall thereupon be entitled to cut off the water supply until a fresh agreement is entered into, with theCouncil by the incoming occupier.

Tenant/Occupier of premises.No. ..... Street/Road.

Witnesses:

(1)

(2)


Municipal Council,Kandy,. . . . .19.. . .

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FORM I[Regulation 4.]

FORM OF AGREEMENT FOR SUPPLY OF WATER FOR OTHER THAN DOMESTIC PURPOSES

Agreement for a supply of water by meter for other than domestic purposes between . . . . . . . . . . , , - - - . . . .(hereinafter styled the " occupier ") on the one part and the Kandy Municipal Council on the other part.

2. In consideration of being allowed a supply of water for other than domestic purposes, namely, for (a), (b)and (c), to the aforesaid premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the occupier hereby agrees to abide by the conditions hereinafter set forth:

(a) that the water shall be supplied through a . . . . . . . . . . inch meter;

(b) thai the occupier shall pay or cause to be paid the sum of Rupees . . . . . . . . . . . . . . . . . . . . . . . . . . . aquarter in the advance to the Municipal Council for the rent of the meter . . . . . . . . . . . . . . . . . . . ;

(c) that the occupier shall pay or cause to be paid to the Kandy Municipal Council at the rate of Rupees . . . . .. . . . . . . per thousand gallons for the quantity of water supplied during each month. The first

payment to be made on the first day o f . . . . . . . . . . . . .

3. If the rent of the meter or the charges for water are not paid to the Municipal Council within fifteen daysfrom the due date, the right to the use of the service shall be forfeited, and the Municipal Council may discontinuethe supply.

4. The provisions of the Colombo Municipal Council Waterworks Ordinance and of the regulations madethereunder shall in so far as they apply to the Kandy Municipal Council be taken as part of this agreement, andany regulations which may be made hereafter under any sections of the said Ordinance shall also be binding on theparties to this agreement.

5. The agreement may be determined by either party giving to the other party. . . . . . . . . . . days' notice of hisor its intention to determine the same. In the event of its being so determined, either the owner or the occupier ofthe premises shall be entitled to the use of the service until a fresh agreement shall have been made.

6. The occupier further undertakes to be responsible for the safety of the water meter and fittings thereto andagree to make good any loss or damage to same.

7. The occupier doth hereby deposit a sum of Rs. . . . . . . . . . . . . . . . . . with the Municipal Council of Kandywhich said sum may be set off against any dues in respect of water meter and any other charges due to the Councilfrom the occupier.

Signed at Kandy, t h i s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day o f . . . . . . . . . . . . . . . . . . . 19 . . .

Occupier.


Witnesses to signatures

(1) ..............

(2) ..............

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municipal councils [cap. 576 - commonlii · municipal councils [cap. 576 ordinance no. 29 of 1947,...

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