st r om ho. - faofaolex.fao.org/docs/pdf/srl37104.pdf · 01 ulficc rs. .. dairy premises ... "...

5
Cap. 5651 SUBURBAN DAIRIES AND LA UNDRIES CHAPTER 565 SUBURBAN DAIRIES AND LAUNDRIES Ordinances \"os. .1X 0 1" 190X. 16 01" 1914. 701" 1922, 70 1" 192X. hi 0 1" 1939. .1 01" 1946. 570 1" 1946, 29 01" 1947. AN ORDINA:'-iCf PO MAKF BFTI FR PROVISION FOR THE REGULATION OF DAIRIFS AND LAlJ:'oiDRIFS st r ux r [DOlJTSIDF rHE MU\lICII'AI. LIMITS of- COl OM HO. .-lel \"0. 1201" 1952 I lst March.1910.J Short 111 1t:. 1. This Ordinance may be cited as the Suburban Dairies and Laundries Ordinance. 4. In this Ordinance. unless the context lnic rprc uu iun otherwise requires 2. The provisions of this Ordinance apply only to-- (d) laundry premises situated outside the said limits in which washing is carried on for persons resident within such limits. (a) dairymen, dairy farmers, COW- keepers, and purveyors of milk who sell or supply m ilk from dairy premises outside the Municipal limits of Colombo to persons resident within such limits (h) dairy premises, milk stores, and milk shops situated outside the Municipal limits of Colombo from which milk is sold or supplied to persons resident within the said Municipal limits : App ointment 01 u lficc rs. .. dairy premises .. milk stores ", .. dairyman " " milk vendor ", " laundryman ". and " laundry premises " have the same meanings as in the Municipal Dairies and I.aundries Ordinance ; " prescribed " means prescribed by this Ordinance or by any rule made thereunder . "administrative region means an administrative region defined by Order made under section 2 of the Local Government (Administ rative Regions) Ordinance : " Assistant Commissioner " means the Assistant Commissioner of Local Government for any administrative region : .. infectious disease ". in the sections of this Ordinance relating to dairies , means any dis ea sew hich the Minister, in pursuance of section 1I of the Municipal Dairies and l .aund ries Ordinance, may declare to be an infectious disease : 5. There may be appointed a suburban medical officer of health (in this Ordinance called .. the health officer '"). and such inspectors (veterinary or otherwise), clerks , resident or having their premises outside the limits of Colombo who persons resident within (c) laundrymen laundry Municipal wash for such limits 3. Notwithstanding the pr o v is io ns of section 15 of the Municipal Dairies and Laundries Ordinance, the provisions of Chapter I of the said Ordinance shall not extend to the persons and premises mentioned in paragraphs (a) and (h) of section 2 of this Ordinance. I unuauon 01 the application l11 the Municipal Dairies and Laundries Ordinance Application 01 Ord inance . XVIII282

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Page 1: st r OM HO. - FAOfaolex.fao.org/docs/pdf/srl37104.pdf · 01 ulficc rs. .. dairy premises ... " laundryman ". and " laundry premises " have the same meanings ... Form (It licence and

Cap. 5651 SUBURBAN DAIRIES AND LA UNDRIES

CHAPTER 565

SUBURBAN DAIRIES AND LAUNDRIES

Ordinances\"os . .1X 0 1" 190X.

16 01" 1914.701" 1922,7 0 1" 192X.

hi 0 1" 1939..1 01" 1946.

570 1" 1946,29 01" 1947.

AN ORDINA:'-iCf PO MAKF BFTI FR PROVISION FOR THE REGULATION OF DAIRIFS AND

LAlJ:'oiDRIFS st rux r [DOlJTSIDF rHE MU\lICII'AI. LIMITS of- COl OM HO.

.-lel

\"0. 1201" 1952

I lst March.1910.J

Short 111 1t:. 1. This Ordinance may be cited as theSuburban Dairies and Laundries Ordinance.

4. In this Ordinance. unless the context lnic rprcuu iun

otherwise requires

2. The provisions of this Ordinanceapply only to--

(d) laundry premises situated outside thesaid limits in which washing iscarried on for persons residentwithin such limits.

(a) dairymen, dairy farmers, COW­

keepers, and purveyors of milk whosell or supply m ilk from dairypremises outside the Municipal

limits of Colombo to personsresident within such limits

(h) dairy premises, milk stores, and milkshops situated outside theMunicipal limits of Colombo fromwhich milk is sold or supplied topersons resident within the saidMunicipal limits :

App ointment01 u lficc rs.

.. dairy premises .. milk stores ",.. dairyman " " milk vendor "," laundryman ". and " laundrypremises " have the same meaningsas in the Municipal Dairies andI.aundries Ordinance ;

" prescribed " means prescribed by thisOrdinance or by any rule madethereunder.

"administrative region means anadministrative region defined byOrder made under section 2 of theLocal Government (Administ rativeRegions) Ordinance :

" Assistant Commissioner " means theAssistant Commissioner of LocalGovernment for any administrativeregion :

.. infectious disease ". in the sections ofthis Ordinance relating to dairies ,means any dis e a sew h i c h theMinister, in pursuance of section 1 Iof the Municipal Dairies andl.aund ries Ordinance, may declareto be an infectious disease :

5. There may be appointed a suburbanmedical officer of health (in this Ordinancecalled .. the health officer '"). and suchinspectors (veterinary or otherwise), clerks,

resident or having theirpremises outside thelimits of Colombo whopersons resident within

(c) laundrymenlaundryMunicipalwash forsuch limits

3. Notwithstanding the pro v is io ns ofsection 15 of the Municipal Dairies andLaundries Ordinance, the provisions ofChapter I of the said Ordinance shall notextend to the persons and premisesmentioned in paragraphs (a) and (h) ofsection 2 of this Ordinance.

I unuauon 01the applicationl11 theMunicipalDairies andLaundriesOrdinance

Application 01

Ord inance .

XVIII282

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SUBURBAN DAIRIES AND LAUNDRIES [Cap. 565

I .iccurc 10 sellmilk

Form (It

licence and

duty thereon

Penaltv lorselling' milkwithoutdairyman'slicence

Power toinspect dairypremises.

and other officers as may be necessary forcarrying out the provisions of th isOrdinance under the supervision of theDirector of Health Services.

DAIRIES

6. It shall be unlawful for any personhaving his dairy premises outside theMunicipal limits of Colombo to sell orsupply milk to any person resident withinsuch limits, unless he is licensed bythe Assistant Commissioner for theadministrative region within which suchpremises are situated on therecommendation of the Director of HealthServices or the health officer to carryonbusiness as a dairyman in such premises inaccordance with this Ordinance.

7. Every such licence (in this Ordinancecalled "a dairyman's licence ") shall be inthe prescribed form, and shall expire on thethirty-first day of December next followingthe date when the licence was issued.

A duty of five rupees shall be chargeableupon the issue of every dairyman's licence,and shall be levied in the prescribed manner.

8. Any person who sells or supplies milkfrom dairv .nrernises situated outside theMunicipal'li mits of Colombo to any personresident within such limits without beinglicensed to carry on business as a dairyman,or, being so licensed, sells or supplies milkas aforesaid from dairy premises to whichhis licence does not extend, shall be guilty ofan offence, and shall be liable on a firstconviction to a fine which may extend tofifty rupees, and on any subsequentconviction to a fine which may extend toone hundred rupees, or to simple orrigorous imprisonment for a term notexceeding six months, or to both.

9. The health officer or any inspectormay at all reasonable times enter, inspect,and examine any dairy premises, and maytake away samples of the milk there found,and of the water of any well or other sourceof water supply therein or thereon for thepurpose of examination or analysis only.

10. If the Director of Health Services issatisfied from the health officer's report thatany dairy premises are in an unclean orunwholesome condition, or that diseasedcows are milked in the dairy, or that anywell or other source of water supply on thedairy premises or used in connexiontherewith is polluted, or if any personaffected with an infectious disease is foundto be in any part of the dairy premises insuch circumstances that the milk is likely tobe contaminated or made unwholesome,then the Director of Health Services may bynotice under his hand give such directions ashe may think fit to the dairyman or personin charge of the dairy premises for-

(a) cleansing or disinfecting the dairyor

(h) removing any diseased animal fromthe dairy premises ; or

(c) closing any such well or source ofwater supply, and for such purposethe Director of Health Services mayrequire the person in charge of thepremises to discontinue the use ofthe water thereof for any purposewhatsoever for such period as theDirector of Health Services maydirect, or to fill up the said well orsource of water and keep the samefilled up ; or

(d) removing any person affected withan infectious disease,

and may by the like notice forbid the sale orsupply of milk from the dairy premises untilsuch directions are complied with to hissatisfaction.

II . On the appearance of any infectiousdisease in man or beast in any dairypremises, the person in charge, and also themedical practitioner attending the case, shallimmediately notify the case to the healthofficer.

12. Whenever it appears to the Directorof Health Services that the spread of anydisease is attributable to the milk suppliedby any dairyman or milk vendor, he mayrequire such dairyman or milk vendorwholly to discontinue the supply,

Power torequire dairy­man to keepdairy in asanilar}condition.

Infectiousdiseases Indairy premises.

Discontinuanceof milk onaccount ofdisease.

XVII/283

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Cap. 565] SUBURBAN DAIRIES AND LAUNDRIES

Personssuffering frominfectiousdiseasesprohibitedfrom takingpart in dairyoperations.

Sale orsupply ofunwholesomemilk.

Penalties.

distribution, and sale of milk, and furnishforthwith upon demand a fu!l and completelist of all his customers and to give suchassistance to discover the residence of any ofthem as the Director of Health Services mayrequire.

13. No dairyman, cow-keeper, orpurveyor of milk shall knowingly allow anyperson suffering from any infectious disease,or having recently been exposed to infectionfrom a person so suffering, to milk cows orto handle vessels used for containing milk,or in any way to take part or to assist in theconduct of the business of the dairyman,cow-keeper, or purveyor of milk, until hehas satisfied the health officer that alldanger of communication of infection to themilk or of its contamination has ceased

14. It shall be unlawful for anydairyman or purveyor of milk to keep ordeposit milk in any room used for sleepingor dwelling in, or in any other place or waycalculated to render such milk unwholesomeor injurious to health, or to sell or supplyany milk which has been produced from anydiseased animal, or which has been in anyway exposed to infection from any personsuffering from any infectious disease, orwhich has been upon or in any dairypremises from which the sale of milk hasbeen directed to be discontinued on accountof disease as provided by section 12 of this

Ordinance.

15. Any person who wilfully disobeys oracts in violation of any of the provisionscontained in any of the last four precedingsections, or shall resist or wilfully obstructany person in the lawful exercise of any ofthe powers conferred under sections 9 and10, or shall without lawful excuse neglect ordisobey any requirement made under theprovisions of sections 10 and 12 hereof, orshall neglect or refuse to obey any order ordirection of the Director of Health Servicesmade under the said sections within the timelimited in that behalf by such order ordirection, shall for every such offence beliable on conviction to a fine not exceedingtwo hundred rupees, or to simple orrigorous imprisonment for a term notexceeding two months.

16. (l) If any person who is ill theemploy of a dairyman licensed under thisOrdinance sells, hawks about, or exposesfor sale within the Municipal limits of thetown of Colombo any milk which has beenadulterated with water or any foreignsubstance whatever, such dairyman shall bedeemed to be guilty of an offence, and shallbe liable to pay a fine not exceeding fiftyrupees.

(2) Such offence shall be triable by theMunicipal Magistrate of Colombo, any lawto the contrary notwithstanding.

(3) If any person when selling, hawkingabout, or exposing for sale milk as aforesaidhas in his possession a badge issued underany rule made under this Ordinance to adairyman licensed under this Ordinance, itshall be presumed for the purposes of thissection that such dairyman is the employerof the person selling, hawking about, orexposing for sale milk as aforesaid.

LAUNDRIES

17. (1) It shall be unlawful for anyperson having his laundry premises outsidethe Municipal limits of Colombo to washfor any person resident within such limits,unless he is licensed by the AssistantCommissioner for the administrative regionwithin which such premises are situated onthe recommendation of the Director ofHealth Services or the health officer to carryon business as a laundryman under thisOrdinance.

(2) Every such licence shall be in theprescribed form, and shall expire on thethirty-first day of December next followingthe date when the licence was issued.

(3) A duty of two rupees and fifty centsshall be chargeable upon the issue of everysuch licence, and shall be levied in theprescribed manner.

18. Any person who washes in laundrypremises situated outside the Municipallimits of Colombo for any person residentwithin such limits without being licensed tocarryon business as a laundryman underthis Ordinance, or, being so licensed washesas aforesaid in premises to which his licence

Dairymanliable for actsofhisemployee.

Offence triableby MunicipalMagistrate,Colombo.

Presumption asto dairymanbeing theemployer 01per sonpossessingbadge.

Licensing oflaundries.

Penalty forkeepinglaundrywithoutlicence.

XVIII 284

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SUBURBAN DAIRIES AND LAUNDRIES [Cap. 565

Applicati on 01the M unicipa\Dairies andLaundriesOrdinance.

Offences.

do es not extend, shall be guilty of anoffence, and shall be liable to the penalty

mentioned in section 8.

19. Sections 17 (1) (a), 17 (1) (h),

17 (1) (C), 20 , 21, 22, 23, 24 and 25 ofthe Municipal Dairies and LaundriesOrdinance shall extend to the laundrymen

and laundry premises to which thisOrdinance applies with the followingmodifications, that is to say :

(a) the powers assigned to the Mayor ofthe Municipal Council by section 17(1) (a) shall be exercised by theDirector of Health Services or bythe health officer or by any

inspector appointed under thisOrdinance ;

(h) the powers assigned to the saidMayor by section 17 (1) (h) shall beexercised by the Director of HealthServices or by the health officer ;

(c) the powers assigned to the Mayor bysect ion 17 (1) (c.) shall be

exercisable on ly by the Director of

Health Services

(d) In sections 20, 21, 22, 24 and 25 the

words .. Director of HealthServices ", shall be substituted forthe express ions " MunicipalCouncil " or .. Mayor of theMunicipal Council .. or .. Mayor "

(e) in section 24 .. health officer " sha11be substituted for .. medical officerof health of the Municipality "

(j) except as provided by this section,the provisions of Chapter 11 of the

Municipal Dairies and Laundries

Ordinance shall not extend to the

laundrymen and laundry premisesto which this Ordinance applies.

G ENER A L

20. All offences against this Ordinancemay be heard and determined and all

penalties thereunder may be imposed by theMagistrate having local jurisdiction in asummary way on the complaint of the

Director of Health Services , the healthofficer, or any inspector appointed underthis Ordinance :

Provided that any person aggrieved by

any adjudication of the Magistrate may

appeal therefrom to the Court of Appeal.

21. (1) The Director of Health Services Power to make

may (subject to the approval of the regul ati ons .

Minister) from time to time make and whenmade may revoke, add to, and alter ,regulations for carrying into effect thepurposes of this Ordinance, and inparticular-

(a) for prescribing the form of licence tobe issued to dairymen andlaundrymen ;

(b) for prescribing the receptacles ill

which milk may be stored orremoved from dairy premises ;

(c) for requiring all vessels, receptacles,or utensils used for the reception ofmilk or in connexion with any dairypremises to be kept in cleanly andsanitary condition ;

(d) for requiring that the interior surfaceof the walls of dairy premises iskept in a proper condition bymeans of plastering, whitewashing,or otherwise, and that the floors ofdairy and laundry premises are kept

cemented with proper provisionfor drainage ;

(e) for requmng dairymen licensedunder this Ordinance and their

servants to wear badges whenfollowing their trade within theMunicipal limits of Colombo, for

prescribing the form of such badgesand for the issue of such badges,

and for fixing and levying fees forthe same.

(2) Every such regulation when made,added to, or amended by the Director of

Health Services and approved by the

Minister shall be published in the Gazette

and shall come into operation when sopublished.

XVIl/285

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Cap. 5651 SUBURBAN DAIRIES AND LAUNDRIES

Refusal andcancellation oflicence.

(3) The breach or non-observance ofany regulation so published shall be anoffence, and any person convicted of suchbreach or non-observance shall be liable toa fine not exceeding twenty rupees, and toimprisonment of either description for aterm not exceeding ten days.

22 . (I) The Director of Health Servicesor the health officer may in his discretionrefuse to recommend the issue of adairyman's licence, or a licence to cany onbusiness as a laundryman, if he considersthat the premises in respect. of which thelicence is applied for are in an insanitarycondition, or unfitted to be used as a dairyor laundry, as the case may be, or that thepremises do not comply with therequirements of any regulations under thisOrdinance.

(2) Whenever the holder of any suchlicence as is mentioned in the last precedingsubsection is convicted of any offenceagainst this Ordinance, the AssistantCommissioner for the administrative regionwithin which the premises to which thelicence applies are situated shall on therecommendation of the Director of HealthServices or the health officer by notice inwriting given to the licensee cancel anddetermine such licence.

23. The Minister may in his discretion Ex tens ion 01

direct by Order that the application of this Ordinance totowns other

Ordinance shall, subject to any exceptions than Colombo .and modifications specified in the Order, beextended to any Municipal town other thanColombo; or to any town for which anUrban Councilor Town Council isconstituted : and thereupon, while the Orderis in force, this Ordinance shall applyaccordingly.

XVII/286