MUNICIPAL COUNCILS ORDINANCE

Arrangement of Sections

1. Short title.

PART I

CONSTITUTION OF MUNICIPAL COUNCILS

2. Power to declare areas to be Municipalities and to define their limits.

3. Municipal Council to be constituted for each Municipality.

4. Functions of Municipal Councils.

5. Composition of Municipal Councils.

6. Repealed.

7. Arrangements preliminary to constitution of Municipal Councils.

PART II

ELECTION AND TERM OF OFFICE OF COUNCILLORS

8. First general election of Councilors.

9. Commencement of term of office of Municipal Councils and date of constitution of such Councils.

10. Term of office of Councilors.

11. Subsequent general elections.

12. Repealed.

13. Refusal, resignation or vacation of office.

PART III

MEETINGS AND CONDUCT OF BUSINESS

MAYOR AND DEPUTY MAYOR

14. Term of office of Mayor and Deputy Mayor.

15. Repealed.

16. Mayor and Deputy Mayor to be justices of the Peace and Unofficial Magistrates.

MEETINGS

17. General meetings.

18. Special meetings.

19. Notice of meetings

20. Business at meetings.

21. Decisions of questions, and quorum.

22. Mayor or Deputy mayor to preside at meetings of the Council.

23. Adjournment in case of absence of quorum.

24. Adjournment of meetings.

25. Minutes of proceedings.

COMMITTEES

26. Standing Committees.

27. Special Committees.

28. Financial matters and finance Committee.

29. Custody of Municipal books, papers and access thereto by Committees and Councilors.

MISCELLANEOUS

30. Casting vote.

31. Notices may be served by post.

32. Delegation of powers, duties and functions of council.

33. Acts of Council not invalidated by vacancies or absence of Councilors.

PART IV

STATUS, POWERS AND DUTIES OF MUNICIPAL COUNCILS

34. Municipal Councils to be corporations.

35. Lands vested in Municipal councils.

36. Method of granting administration of such lands.

37. Other property vested in Municipal Councils.

37A. Control and erection of monuments.

37B. Naming of public parks.

38. Power to act a trustee for any public purpose.

39. Power to appoint agents outside Sri Lanka.

40. General powers.

40A. Powers of the Minister in Respect of commercial and industrial enterprises.

41. Prevention of Frauds Ordinance not to apply.

42. Power to authorise surveys.

42A. Demolition of unauthorised buildings.

43. Municipal office.

44. Acquisition of lands or general public purposes.

45. Compulsory acquisition of lands and buildings.

46. General duties of Council.

PART V

POWERS AND DUTIES AS TO STREETS

47. Power to construct new, and improve existing streets.

48. Acquisition of lands required for diversions or enlargements.

49. Gifts of land required for diversion or enlargement of street.

50. Power to dispose of discontinued street.

51. Power to take land adjoining new street for building purposes.

52. Proper officers empowered to enter upon lands for repair.

53. Power to take materials.

54. Power to erect buildings and keep cattle.

55. Power to throw rubbish upon adjacent lands.

56. Power to make temporary road.

57. Power to cut trees.

58. Power to put up fences.

59. Power to make and keep open ditches, and to lay trunks.

60. Power to lay stones.

61. Power to construct and maintain tramways.

62. Power to enter into contracts for tramways.

63. Public vehicular communications.

64. Other powers of a Municipal Council.

65. Roads for benefit, of, individual property owners.

66. Houses in a ruinous and dangerous state.

67. Failure to comply with notice.

68. Sale of materials of ruinous houses.

69. Street lines.

70. Setting back houses to street lines.

71. Naming of streets and numbering of houses.

72. Doors, not to open outwards.

OBSTRUCTION TO STREETS

73. Power to demand production of tile deeds.

74. Demand of production of deeds to include power of examination.

75. Power to make survey of premises.

76. Proof of right to apparent encroachment to rest upon the owner.

77. Removal of obstructions or encroachments.

INJURIES TO STREETS

78. Destroying milestone, bridge.

79. Using new street for certain time after making.

80. Owner or occupier bound bridge and cover drain leading to his house.

81. Allowing trees to grow in such a way as to injure streets.

82. Damage to street through clearing, draining or opening up neighbouring land.

NUISANCES ON STREETS

83. Offences.

84. Seizure of stray cattle.

85. Interference with cattle seizers or pig seizers.

SPECIAL USER OF STREETS

86. Power of Council to authorise the user of streets for special purposes.

87. Rules.

88. Expenses caused by extraordinary traffic.

POWERS, DUTIES, AND RESPONSIBILITIES OF OFFICERS

89. Powers conferred on officers in charge of public works by whom to be exercised.

90. Survey by proper officer to be conclusive evidence.

91. Compensation for injury to property by authorised officers.

92. Arbitration.

93. Officers and contractors leaving stones, on streets at night.

94. Road officer or road contractor not to be liable to a fine except in certain cases.

95. Police officers to enforce provisions of this Part.

PART VI

POWERS AND DUTIES AS TO PUBLIC HEALTH

PUBLIC HEALTH

96. Municipal Council to be general public health authority.

DRAINAGE

97. Government or Councils to make public drains.

98. Duty of Council to repair, alter, and discontinue drains.

99. Power to affix to buildings ventilation of drains.

100. Cleansing and emptying of drains.

101. Obstruction of discharge of rain water and drainage.

102. Obstruction of drains and water courses.

103. Connection of drain with any public drain without authority.

104. Erection of building over public drains.

105. Construction, of private drains.

106. Drains in new buildings.

107. Drainage of premises within one hundred feet of public drains.

108. Drainage of premises in other cases.

109. Drainage in combination.

110. Right to carry drains through land belonging to other persons.

111. Right of owners to joint use of drams.

112. Maintenance and repair of drains.

113. Reconstruction of defective drains and appliances.

114. Drains or appliances laid in streets.

115. Entry of premises.

116. New drains not to be used without permission.

117. Offences.

LATRINES

118. Construction of additional privies.

119. Duty of employers of labour to provide privies.

120. Neglecting to close cesspool.

121. Offences.

INSANITARY BUILDINGS

122. Duty of Council as to insanitary buildings.

123. Duty of Council as to existing buildings.

124. Overcrowding of houses.

125. Power of Council to inspect and lime-wash houses.

126. Houses or huts not to be built or roofed with cadjan without permission.

CONSTRUCTION OF BUILDINGS

127. Certificate of conformity with building by-laws.

128. Floor level of new building.

CONSERVANCY AND SCAVENGING

129. Duty of Council as to conservancy scavenging.

130. All refuse collected to be property of council.

131. Places for disposal of refuse and keeping equipment.

NUISANCES

132. Inspection of nuisances.

133. Power to fill up unwholesome tanks on private premises.

134. Nuisance by child.

135. Public bathing places.

136. Pollution of streams which flow into reservoirs or waterworks.

136A. Pollution caused by factories.

136B. Power of the Mayor in regard to trees or branches, trunks or fruits of trees endangering the safety of person or property.

INFECTIOUS DISEASES AND EPIDEMICS

137. Medical practitioners to report diseases.

138. Search of premises and segregation of persons.

139. Penalty for disposal of infected articles.

140. Penalty for exposure of infected persons.

141. Penalty for letting infected rooms.

142. Appointment of special officer.

143. Salary of special officer.

144. Powers of special officer.

OFFENSIVE AND DANGEROUS TRADES

145. Slaughterhouses.

146. Penalty for using slaughterhouses during suspension or revocation of licence.

147. Licensing of offensive and dangerous trades and places.

148. Suspension or revocation of licence.

148A. Closure order by Magistrate.

MISCELLANEOUS

149. Default of owners or occupiers.

150. Work may be executed by Council.

151. Inclusion of commission in expenses.

152. Recovery of expenses by instalments.

153. Register of expenses.

154. Loans for private works.

154A. Payment of incentives.

PART VII

MARKETS AND SALE OF ARTICLES

155. Provision of markets and charging of rents and fees.

156. Expulsion of persons breaking by-laws and determination of lease.

157. Sale, lease, and closure of markets.

158. Penalty for selling in market without permission.

159. Street sales.

160. Unwholesome provisions.

PART VIII

OFFICERS AND SERVANTS

THE MUNICIPAL MAGISTRATE

161. Appointment of Municipal Magistrate.

162. Municipal Magistrate may be appointed to be Additional Magistrate.

163. The jurisdiction of the Municipal Magistrate.

164. Additional Municipal Magistrate.

165. Payment for services of Magistrate who is appointed Municipal Magistrate in addition to his own duties.

166. Allowances, status, rights, salary and pension of Municipal Magistrate and payment of expenses.

167. Oath to be taken by the Municipal Magistrate.

168. Procedure in Municipal Court.

169. Stamp duties in proceedings in Municipal Court.

OFFICERS AND SERVANTS OF THE COUNCIL

170. The Municipal Commissioner.

171. Delegation of Commissioner’s powers.

172. Commissioner to have custody of books.

173. Limitation of powers.

174. Charity Commissioner.

175. Executive posts and executive officers.

176. Government servants as executive officers.

177. Power of Commissioner to make appointments and promotions.

178. Acting appointments.

179. Disqualifications for appointment to any post or office in the service of the Council.

180. Officers and servants not to be interested in contracts of Council.

181. Suspension, punishment, and dismissal of officers and servants.

182. Leave of absence.

183. Provident fund.

184. Ex gratia payment of pension, annuity, gratuity, or retiring allowance.

184A. Power to establish gratuity scheme.

184B. Power of grant full pension to members of the Local Government Service and others who had exercised option of commutation of pension.

PART IX

THE MUNICIPAL FUND

185. Municipal Fund and its constituents.

186. Moneys received by the council to be lodged with the bank.

187. Power to invest any part of the Municipal Fund.

188. Application of Municipal Fund.

189. Orders, cheques, for payment out of the fund.

190. Statement of receipts, disbursements on account of the Fund.

PART X

LOANS

191. Purposes for which money may be borrowed.

192. Limitation of borrowing powers.

193. Modes of borrowing.

194. Security for borrowing and priority of securities.

195. Period for repayment of moneys borrowed.

196. Return to Minister.

197. Balance of unexpended moneys.

198. Lender relieved from certain inquiries.

PROVISIONS RELATING TO DEBENTURES AND HOUSING BONDS

199. Creation of debentures, and housing bonds.

PROVISIONS RELATING TO MORTGAGES

200. Form of mortgage.

201. Transfer of mortgage.

202. Receipts on behalf of joint holders and minors.

203. Repayment of moneys borrowed on mortgage.

204. Sinking fund.

205. Adjustments of sinking fund.

SUPPLEMENTARY BORROWING POWERS

206. Temporary loans.

207. Power to re-borrow.

207A. When Mayor may exercise power of Council relating to raising of loans.

REGULATIONS

208. Regulations.

SAVINGS

209. Savings.

INTERPRETATION

210. Interpretation.

PART XI

BUDGET, ESTIMATES, ACCOUNTS, AND CONTRACTS BUDGET

211. Budget.

212. Budget to be circulated and open to inspection.

213. Final consideration of budget.

214. Supplementary budget.

215. Power of Council with regard to budget and supplementary budget.

215A. Mayor’s powers with regard to budget.

215B. Transitional Provision

216. Reduction or increase of expenditure.

217. Lapse of authority for expenditure sanctioned by budget.

ACCOUNTS

218. Annual administration report.

219. Audit of accounts.

220. Powers of auditors.

221. Penalty.

222. Auditors’ report.

223. Irregularities in accounts.

224. Powers of Council in relation to auditors.

225. Remuneration of auditors.

226. Surcharges and appeals therefrom.

CONTRACTS

227. Contracts involving expenditure not exceeding fifteen thousand rupees.

228. Contracts involving expenditure exceeding fifteen thousand rupees.

229. Tenders.

PART XII

RATES AND TAXES

230. Assessment of property.

231. Assessment of state property.

232. Property of the State not liable to seizure and sale.

233. Division or consolidation of property for assessment.

234. Return for purposes of valuation.

235. Valuation of property.

236. Procedure in case of objection to assessment.

237. Revision of assessment on alteration of property affecting annual value.

238. Assessments of annual values.

239. Revision of assessment and remission of rates in certain cases.

240. Remission of rates in lefties non-tenancy.

241. Liability of persons leaving the Municipality.

242. Seizure of movable property.

243. Deduction of rates paid by tenant from rent.

244. Assessment, cannot to be impeached for want of form.

245. Taxes on vehicles and animals.

246. Tax on vehicles and animals payable yearly in advance.

247. Sanction of Minister not required for certain rates.

247A. Power of to levy certain licence duties.

247B. Tax on certain trades.

247BB. Determination of duty or tax where several trades are carried on.

247C. Tax on businesses and professions.

247D. Tax on undeveloped land.

247E. Tax on certain sales of land.

248. Tolls.

249. Power to compound with livery stable-keepers and others.

250. Power to inspect stables, and to summon persons liable to the payment of the tax.

251. Penalty for disobeying summons, or hindering the inspection.

252. Warrant for recovery of rates and taxes.

253. Warrant for recovery of rent due to the Council.

254. Warrants where State property is leased.

254A. Recovery of payments due to the Municipal Council.

255. Scale of costs.

256. Sale of property seized.

257. Surplus of sale.

258. Power to break open house.

259. Certificate of sale.

260. Rights of mortgagee.

261. Power of Council to purchase land sold for non-payment of rates or taxes.

262. Council may take credit to extent of rate or tax and costs due.

263. Form of conveyance to the council.

263A. Sale of property vested in the Council to the person who would be entitled to such property but for the title thereto vesting in the Council.

264. Power to sell property vested property vested in the Council.

264A. Procedure where the Council retains property vested in the Council.

265. Registration of mortgages and notices of sale.

266. Termination of tenancy of tenants of the council.

266A. Waiver of sums due to the Council.

PART XIII

By-laws

267. Power to make by-laws.

268. Approval and publication of by-laws.

268A. Power to compound offences.

269. Additional provisions of by-laws.

270. Application of Municipal Dairies and Laundries Ordinance.

271. Copies of by-laws to be kept at Municipal office.

272. Matters with respect to which by-laws may be made.

273. Approval or disapproval of plans.

274. Continuing offence.

275. Recovery of expenses.

276. Right of entry.

PART XIV

CENTRAL CONTROL

277. Powers of Minister to dissolve Council for in competency.

278. Power of Minister to call for extracts from proceedings.

279. Power of Minister to call for statistics.

280. Power of Minister to make inquiry.

281. Power of Minister to make order requiring Council to do the necessary work.

282. Power to enforce order.

283. Power to direct the levy of a tax or the raising of a loan.

284. Power of Minister to vary limits of Municipality or wards and number of members and to dissolve and replace Council.

285. Repealed.

286. Effect of dissolution of Council under section 284.

287. Amendment of Schedules.

288. Additional Powers of Minister.

289. Power to make regulations.

PART XV

GENERAL

290. Exercise of Powers conferred by Local Government Service Law.

291. Information to be given by landlords to tenants.

292. Service of notices.

293. Execution of works and recovery of expenses.

294. Power to levy charges on occupier.

295. Limitation of occupier’s liability.

296. Occupier, in default of owner, may execute works and deduct expenses from the rent.

297. Obstruction by occupiers.

298. Remedy if neither owner nor occupier pays expenses.

299. Provisions regarding entry of premises by Mayor.

300. Damage to property of Council to be made good in addition to penalty.

301. Recovery of expenses on account of improvement to private property.

302. Payment of compensation.

303. Determination of compensation.

304. Recovery of damages.

305. Fees for licences.

306. Legal and other Proceedings.

307. Limitation of actions against Council.

308. Limitation of prosecutions.

309. Protection of Councillors.

310. Defendant’s costs, may paid from Municipal Fund.

311. Councillors and others to be public servants.

312. Penalty for offence.

313. Prosecutions to be before Magistrate.

314. Application of fines.

315. Powers and liability when extinguishing a fire.

316. Expenses of police.

317. Annual report of Commissioner of Local Government on affairs of each Municipal Council.

PART XVI

TRANSITIONAL ARRANGEMENTS AND MISCELLANEOUS PROVISIONS

318. Existing Municipalities to continue.

319. Existing Municipal Councils to continue.

320. Existing by-laws, to continue.

321. Special provisions relating to property of Councils of Colombo, Kandy and Galle.

322. Loans by Government to Galle and Kandy Councils for waterworks.

323. Application of certain portions of the Colombo Municipal Council Waterworks Ordinance to Galle.

323A. Application of certain provisions of the Colombo Municipal Council Waterworks Ordinance to Kandy.

323B. Power of Minister to apply provisions of Colombo Municipal Council Waterworks Ordinance to Municipal Councils.

324. Construction of other written law.

325. Municipal Councils to be successors of local authorities.

326. Orders for transitional period.

327. Interpretation.

SCHEDULES

29 of 1947,

38 of 1973,

8 of 1974,

4 of 1975,

5 of 1975,

18 of 1977,

24 of 1977,

1 of 1949,

3 of 1951,

12 of 1951,

39 of 1951,

8 of 1952,

38 of 1953,

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,

18 of 1979,

42 of 1979,

57 of 1979,

10 of 1981,

33 of 1981,

61 of 1981,

5 of 1983,

13 of 1983,

20 of 1985,

39 of 1986,

19 of 1987,

35 of 1987,

21 of 2012,

34 of 2014;

20 of 2017.

AN ACT to amend the Municipal Councils Ordinance.

[Date of Commencement: 15th August, 1947]

1. Short title.

This Ordinance may be cited as the Municipal Councils Ordinance.

PART I

CONSTITUTION OF MUNICIPAL COUNCILS

2. Power to declare areas to be Municipalities and to define their limits.

The Minister may, by Order published in the Gazette

(a) declare area to be a any Municipality;

(b) define the limits of the Municipality so declared; and

(c) assign a name and designation to the Municipal Council to be constituted for the Municipality so declared.

3. Municipal Council to be constituted for each Municipality.

A Municipal Council in accordance with the provisions of this Ordinance shall be constituted for every area declared to be a Municipality by Order under section 2.

4. Functions of Municipal Councils.

The Municipal Council constituted for each Municipality shall, subject to the powers reserved to or vested in any other authority by this Ordinance or by any other written law, be the local authority, within the administrative limits of the Municipality, charged with the regulation, control and administration of all matters relating to the public health, public utility services and public thoroughfares, and generally with the protection and promotion of the comfort, convenience and welfare of the people and the amenities of the Municipality.

5. Composition of Municipal Councils.

(1) Each Municipal Council shall consist of such number of Councillors—

(a) equivalent to sixty per centum of the number of Councillors to be elected and returned, for such Municipal Council, as specified by the Minister by Order published in the Gazette, based on the number of wards specified in the Orders published under sections 3C and 3D of the Local Authorities Elections Ordinance;

(b) equivalent to forty per centum of the number of Councillors to be elected and returned for such Municipal Council, who shall be returned in terms of section 65B of the Local Authorities Elections Ordinance; and

(c) determined by the Commissioner under paragraph (a) of subsection (4) of section 65B of the Local Authorities Elections Ordinance.

(2) Where the number constituting forty per centum referred to in paragraph (b) of subsection (1), is an integer and fraction, the integer shall be deemed to be the number which shall constitute such forty per centum, for the purpose of that subsection.

[S 5 subs by s 2 of Act 20 of 2017.]

6. …

[S 6 rep by s 95 of Law 24 of 1977.]

7. Arrangements preliminary to constitution of Municipal Councils.

For the purposes of any preliminary arrangements in connection with the constitution of any Municipal Council under this Ordinance, it shall be lawful for the Minister, by an Order or Orders published in the Gazette, to issue all such directions as may be necessary or appropriate, or to modify or supplement any of the provisions of this Ordinance in such manner and to such extent as may be specified by him in such Order; and every such Order shall have the same effect in relation to the purposes aforesaid as if it had been embodied in this Ordinance.

PART II

ELECTION AND TERM OF OFFICE OF COUNCILLORS

8. First general election of Councilors.

Where a Municipal Council is to be constituted for any Municipality under this Ordinance, a general election in accordance with the provisions of the Local Authorities Elections Ordinance shall be held for the purpose of electing the first Councilors of the Council.

9. Commencement of term of office of Municipal Councils and date of constitution of such Councils.

The term of office of each Municipal Council to be constituted under this Ordinance shall commence on such date as the Minister may appoint by Order published in the Gazette. Such date shall be deemed to be the date of the constitution of the Council for all the purposes of this Ordinance; and the Council shall be deemed to be constituted on that date, notwithstanding that the full number of Councilors prescribed under section 5 may not have been duly elected.

10. Term of office of Councilors.

(1) The term of office of each Councilor elected at a general election shall commence—

(a) in the case of the first general election, on the date specified by the Minister by Order under section 9;

(b) in the case of any general election subsequent to the first general election, on the first day of January next succeeding the date of the election or on such other date as the Minister may appoint by Order published in the Gazette,

and shall, unless such councilor vacates office earlier by death resignation or removal continue for a period of forty eight months from the date on which such term of office commenced.

[S 10(1) am by s 2 of Act 39 of 1986.]

(2) The Minister may by Order published in the Gazette

(a) curtail the term of office referred to in subsection (1) by appointing, in substitution for the date on which the term ‘of office expires, a day of any month preceding the month on which such term of office expires in that year or in the year immediately preceding that year; and

(b) extend such term by appointing, in substitution for the date on which the term of office expires, under subsection (1) or the day appointed under paragraph (a) of this subsection, a day of any month after the day on which the term of office expire in that year or in any year subsequent to the year so specified or appointed, and thereafter from time to time extend such term by appointing in substitution for the date of expiry of such term specified in the last Order, a later date:

Provided, however, that the period by which such term is extended or the aggregate of the periods by which such term is from time to time extended shall not exceed twelve months.

[S 10(2) subs by s 2 of Act 39 of 1986.]

11. Subsequent general elections.

Where the term of office of the Councilors elected at a general election is due to expire under section 10, a general election in accordance with the provisions of the Local Authorities Elections Ordinance shall be held for the purpose of electing new Councilors in place of such Councilors.

12. …

[S 12 rep by 96 of Law 24 of 1977.]

13. Refusal, resignation or vacation of office.

(1) Where any person who is elected as a Councilor decides for any reason not to serve as a Councilor, he may—

(a) if he is not the Mayor, relinquish the office of Councilor—

(i) by a written communication of his refusal of office to the Mayor, or in the event of any vacancy in the office of Mayor to the Commissioner, at any time before the date fixed for the first meeting of the Council after his election; or

(ii) by a written communication of his resignation of office to the Mayor, or in the event of any vacancy in the office of Mayor to the Commissioner, at any time after such first meeting; or

(b) if he is the Mayor, relinquish the office of Councilor—

(i) by a written communication of his refusal of office to the Commissioner, at any time before the date fixed for the first meeting of the Council after his election; or

(ii) by a written communication of his resignation of office to the Commissioner, at any time after such first meeting.

(2) Any Councilor who, without leave of the Council first obtained, fails to attend three consecutive general meetings of the Council shall ipso facto vacate his office.

(3) If any person elected as a Councilor refuses or resigns his office, or dies, or vacates his office under subsection (2) or if a casual vacancy occurs in any other manner in such office, the Mayor or the Commissioner, as the case may be, shall send a written communication to that effect to the elections officer. Upon the receipt of such communication, the elections officer shall proceed to fill the vacancy in accordance with the provisions of section 66A of the Local Authorities Elections Ordinance, and the person so elected shall hold office as a Councillor, until the next succeeding general election of Councillors of that Council.

[S 13(3) subs by s 97 of Law 24 of 1977; Am by s 3 of Act 21 of 2012.]

PART III

MEETINGS AND CONDUCT OF BUSINESS

MAYOR AND DEPUTY MAYOR

[Subs by s 98 of Law 24 of 1977.]

14. Term of office of Mayor and Deputy Mayor.

(1) There shall be a Mayor and a Deputy Mayor for each Municipal Council who shall be Councilors and be elected in accordance with the provisions of the Local Authorities Elections Ordinance.

(2) —

(a) the Mayor or Deputy Mayor of a Municipal Council shall hold office for the term of office of the Council unless he resigns or vacates such office.

(b) a Mayor or Deputy Mayor who resigns or vacates his office, shall however continue to be a Councillor.

[S 14(2)(b) Subs by s 4(1) of Act 21 of 2012.]

(3) The Mayor of a Municipal Council shall, subject to the provisions of section 254A, be the chief executive officer of the Council and all executive acts and responsibilities which are by this Ordinance or by any other written law directed or empowered to be done or discharged by the Council may, unless the contrary intention appears from the context, be done or discharged by the Mayor.

(4) The Mayor may by order in writing delegate to the Deputy Mayor or Commissioner or any officer of the Council any of the powers, duties or functions conferred or imposed upon or vested in the Mayor by this Ordinance or any other written law.

(5) The exercise, discharge or performance by the Deputy Mayor or Commissioner or any other officer of the Council of any power, function or duty delegated to him by order of the Mayor shall be subject to the direction and control of the Mayor and shall be subject to such conditions and restrictions and limited to such purpose or purposes as may be specified in the order and any such delegation may at any time be varied or cancelled by order of the Mayor.

(6) During the period commencing on the date of occurrence of a vacancy in the office of Mayor and ending on the date of election of a new Mayor or during the period of absence of the Mayor on account of illness or other unavoidable cause the Deputy Mayor may exercise, discharge and perform the same powers, functions and duties as the Mayor.

(7) Whenever the office of Mayor of a Municipal Council falls vacant, notice of such vacancy shall forthwith be given by the Commissioner to the Commissioner of Local Government and the Commissioner of Local Government shall thereupon proceed to fill such vacancy in the manner provided for the same in the Local Authorities Elections Ordinance.

[S 14 subs by s 99 of Law 24 of 1977; S 14(7) subs by s 4(2) of Act 21 of 2012.]

15. …

[S 15 rep by s 100 of Law 24 of 1977.]

16. Mayor and Deputy Mayor to be justices of the Peace and Unofficial Magistrates.

The Mayor and Deputy Mayor of the Council shall each, during the tenure of his office, be ex-official a Justice of the Peace and Unofficial Magistrate for the administrative district in which the Municipality is situated.

MEETINGS

17. General meetings.

There shall be twelve general meetings of each Municipal Council in every year for the transaction of business. The general meetings shall be held at the Municipal office during the first week of every month, or as soon thereafter as seems expedient to the Mayor.

18. Special meetings.

The Mayor may, whenever he thinks fit, and shall upon a written requisition signed by three Councilors, call a special meeting of the Council to be held at the Municipal office.

[S 18 subs by s 101 of Law 24 of 1977.]

19. Notice of meetings.

The Mayor shall cause notice in writing of every general or special meeting or adjourned meeting of the Council, and of the business to be transacted thereat to be served on each Councillor at least four days before the meeting.

[S 19 subs by s 102 of Law 24 of 1977.]

20. Business at meetings.

Without the permission of a Municipal Council, no business shall be brought before or transacted at any general or special meeting, other than the business specified in the notice of the meeting.

21. Decisions of questions, and quorum.

(1) All matters or questions authorised by this Ordinance or by any other written law to be decided by a Municipal Council shall be decided by a majority of the Councilors present and voting at any general or special meeting.

(2) No business shall be transacted at any meeting of the Council unless one-third of the number of Councilors in office on the day of that meeting is present.

22. Mayor or Deputy mayor to preside at meetings of the Council.

The Mayor, or in his absence, the Deputy Mayor, shall preside at all meetings of the Council, and if both the Mayor and the Deputy Mayor are absent, Councilors present shall elect one of their own number to preside at the meeting.

[S 22 subs by s 103 of Law 24 of 1977.]

23. Adjournment in case of absence of quorum.

If at any general or special meeting of a Municipal Council there is not a sufficient number of Councilors present to form a quorum, the meeting shall stand adjourned to such date, not more than fifteen days after the date of the meeting so adjourned, as the Mayor thinks fit; and the business which would have been brought before the meeting so adjourned if there had been a quorum present, shall be brought before, and disposed of at, such adjourned meeting.

24. Adjournment of meetings.

The Mayor, Deputy Mayor or other Councilor presiding at any general or special meeting at which a quorum of the Council is present, may, with the consent of the meeting, adjourn the meeting, from time to time; but no business shall be transacted without the permission of the Council at any adjourned meeting other than the business left unfinished at the meeting from which such adjournment took place.

25. Minutes of proceedings.

Minutes of the proceedings of all meetings of a Municipal Council shall be drawn up and fairly entered in a book to be kept for that purpose, and shall be signed by the Mayor, Deputy Mayor or other presiding Councilor after each meeting and shall at all reasonable times be open at the Municipal office to the inspection, free of charge, of any Councilor, and to the inspection of any other person on payment of a fee of twenty-five cents.

COMMITTEES

26. Standing Committees.

(1) Every Municipal Council shall at its first general meeting in each year elect by ballot from among the Councilors a standing Committee on finance and not less than two other standing Committees.

(2) The Mayor shall not be eligible for election to any standing Committee.

(3) A Councillor other than the Mayor shall not be eligible for election to—

(a) any two Standing Committees, until every other Councillor has been elected to serve on at least two Standing Committees;

(b) any three Standing Committees, until every other Councillor has been elected to serve on at least one Standing Committee:

Provided that, in any event a Councillor shall not be eligible to be elected to more than three Standing Committees.

[S 26(3) subs by s 5 of Act 21 of 2012.]

(4) Every standing Committee other than the standing Committee on finance shall consist of six Councilors elected as aforesaid, and the standing Committee on finance shall consist of five Councilors so elected and the Mayor who shall ex-officio be a member of it. If during the year any vacancy occurs in any standing Committee the Council shall at a general or special meeting elect a Councilor to fill the vacancy.

(5) The Mayor shall ex-officio be the chairman of the standing Committee on finance, but every other standing Committee shall at its first meeting elect by ballot its own chairman.

(6) The Mayor may be present and may speak but not vote at a meeting of any of the standing Committees other than the standing Committee on finance; and, if present, he shall preside and may both speak and vote at every joint meeting of the standing Committee on finance and any other standing Committee or Committees.

(7) In the absence of the Mayor from any meeting of the standing Committee on finance, or from any joint meeting of that Committee and any other standing Committee or Committees, and in the absence from any meeting of any such other standing Committee of the chairman elected under subsection (5), the members of the Committee or Committees concerned shall elect a chairman for the meeting from among their own number.

(8) Every standing Committee shall exercise, perform and discharge such powers, duties and functions as are delegated to it by the Council, or otherwise conferred or imposed upon, or vested in it.

(9) No business shall be transacted at any meeting of a standing Committee or at any joint meeting of two or more standing Committees unless the prescribed quorum is present. Until a by-law is made by the Council prescribing the quorum at any meeting of a standing Committee or at any joint meeting of two or more standing Committees, one-third of the total number of the members of such Committee or Committees, as the case may be, shall form a quorum:

Provided that at least one member of each such Committee is present.

(10) The Council may by resolution decide that the election of the standing Committees referred to in subsection (1) shall be adjourned to the second general meeting of the Council in any year and, upon the passing of any such resolution, such election shall be so adjourned and the provisions of subs (1) to (4) shall apply accordingly subject only to the modification effected by such resolution.

27. Special Committees.

(1) A Municipal Council may, from time to time, appoint from among the Councillors special Committees, consisting of such number as it thinks fit, for the purpose of inquiring into and reporting upon any Municipal matter.

(2) Every special Committee shall at its first meeting elect by ballot its own chairman and shall continue to be a Committee until it has reported to the Council and until its report has been finally considered by the Council.

(3) At the time of appointing a special Committee, the Council may determine the number of members who are to form a quorum; and where such quorum is not determined by the Council two-thirds of the members of the special Committee shall form a quorum at any meeting thereof.

28. Financial matters and finance Committee.

No financial matter shall be finally dealt with by a Municipal Council unless such matter has been first dealt with and reported on by the standing Committee on finance.

29. Custody of Municipal books, papers, and access thereto by Committees and Councilors.

Every meeting of a standing or a sub Committee of a Municipal Council shall be held at the Municipal office or at such other place as the Committee may decide and any such Committee shall at any such meeting have access to the books, deeds, contracts, accounts, vouchers, and other documents and papers of the Council.

MISCELLANEOUS

30. Casting vote.

Where the votes of the Councilors present and voting at any meeting, general or special, of the Council, or of any standing or other Committee of the Council, are equally divided in regard to any question, the Mayor, Deputy Mayor or other Councilor presiding at such meeting shall, in addition to his own vote as a Councilor or as a member of the Committee, have a casting vote.

31. Notices may be served by post.

All notices of meetings may be forwarded by post addressed to the usual or last known place of abode of the Councilor to be served; and where a notice is so forwarded by post it shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post.

32. Delegation of powers, duties and functions of council.

A Municipal Council may by resolution delegate generally or specially to the Mayor or Deputy Mayor or to the Commissioner or to any one or more of its officers or Committees any of the powers, duties or functions conferred or imposed upon or vested in it by or under this Ordinance or by any other written law.

33. Acts of Council not invalidated by vacancies or absence of Councilors.

Subject to the provisions of section 21, nothing which is done or determined by a Municipal Council under the provisions of this Ordinance or of any other written law shall be or be deemed to be illegal or invalid by reason only of the fact that any Councilor was absent from the Council or that there was any vacancy in the number of the Councilors at the time such thing was done or determined.

PART IV

STATUS, POWERS AND DUTIES OF MUNICIPAL COUNCILS

34. Municipal Councils to be corporations.

(1) Every Municipal Council shall be a corporation with perpetual succession and a common seal and shall have power, subject to this Ordinance, to acquire, hold and sell property, and may sue and be sued by such name and designation as may be assigned to it under this Ordinance.

(2) The common seal of the Council shall remain in the custody of the Commissioner, and shall not be affixed to any contract or other instrument on behalf of the Council, except in the presence of the Mayor or Deputy Mayor and the Commissioner who shall sign their names to such contract or other instrument in token of their presence.

35. Lands vested in Municipal councils.

There shall be vested in the Municipal Council of each Municipality all such immovable property of the following classes, 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 without buildings,

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

36. Method of granting administration of such lands.

(1) A vesting order, certificate or other record signed by the person authorised to make over any property referred to in section 35, and by the officer of the Municipal Council authorised to receive or accept such property on behalf of the Council, shall be sufficient, and shall be deemed at all times to have been sufficient, to vest such property and all right, title and interest in such property in the Council:

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

(i) to affect or prejudice any right or title of the State to any such property or the right of the State at any time to resume or dispose of such property for public purposes; or

(ii) to affect or prejudice any right, title or interest which any military or other authority, in which lands are vested on behalf of the State, has or may have in any such property or in any part thereof;

(iii) to empower the Council to sell or otherwise alienate any such property without having previously obtained the consent in writing of the President to such sale or alienation.

(2) All property vested in a Municipal Council shall be administered, and the revenue thereof shall be employed and made use of, for the purposes of this Ordinance.

37. Other property vested in Municipal Councils.

(1) There shall be further vested in each Municipal Council, for the purposes of his Ordinance, the following classes of property—

(a) all public parks, gardens and open spaces acquired by or otherwise transferred to the Council, and all erections and other structures therein and the equipment thereof subject always to the terms of any trust or the conditions in any instrument by which any such property may have been transferred to the Council;

(b) all streets within the Municipality (except such streets as may be specially exempted by the President) together with the pavements, stones and other materials thereof and also all erections, materials, implements and things provided therefor;

(c) all public markets and all works, erections or structures for the benefit or convenience of the public which may be constructed, erected or provided under this Ordinance or which may have been constructed, erected or provided under any repealed enactment, or which may be otherwise transferred or have been transferred to the Council, and all the sites, reservations, appurtenances, materials, furniture and equipment provided therefor, subject always to any such trust or condition as aforesaid;

(d) all other public buildings constructed or provided in whole or in part out of the Municipal Fund of the Council, or which may be otherwise transferred to the Council, and all the sites, appurtenances, materials, furniture and equipment thereof, subject always to any such trust or condition as aforesaid;

(e) the property of and in all the lamps, with the otherwise property rights. lamp-irons, lamp-posts, sluices, dams, pipes, posts, chains, poles, rails and other similar erections and things in, about or belonging to the streets vested in the Council, and of and in all the materials, furniture and things belonging thereto, except in so far as the same shall be otherwise regulated by contract Council or shall be shown to be private or subject to private rights.

(2) Any property referred to in paragraph (e) of subsection (1) may be sold or otherwise disposed of by the Council, from time to time, as it may deem necessary, and the revenue arising from such sale or disposition shall be credited to the Municipal Fund.

37A1. Control and erection of monuments.

No person shall erect a monument on any land belonging to the State or on any land vested in or belonging to any Municipal Council except with the prior approval of the Minister granted upon an application made in that behalf by such person.

[S 37A ins by s 7 of Law 4 of 1975.]

In this section “monument” includes any statue, pillar, post, or any structure erected to commemorate any person, whether living or dead, but does not include any structure, tomb, or cross erected in any cemetery or burial ground.

37B1. Naming of public parks.

It shall not be lawful for any Municipal Council to name any public park, playground, library, reading room, stadium, building, clock tower, bridge or bathing well except with the prior approval of the Minister.

[S 37B ins by s 8 of Law 4 of 1975.]

38. Power to act a trustee for any public purpose.

A Municipal Council may receive and hold property in trust for the benefit of the inhabitants of the Municipality, or any section of such inhabitants, or for the purposes of any public service administered by the Council, and may otherwise act as trustee for any public purpose.

39. Power to appoint agents outside Sri Lanka.

(1) A Municipal Council may at any time by resolution appoint an agent or agents outside Sri Lanka for the purpose of entering into contracts on its behalf with persons resident or carrying on business outside Sri Lanka, for the execution or performance of any work or service or for the supply of any articles or materials.

(2) Any such appointment shall, until revoked by the Council, confer on the agent or agents appointed full authority to enter into any such contract on behalf of the Council when requested to do so by the Council.

40. General powers.

(1) For the purpose of the discharge of its duties under this Ordinance, a Municipal Council (without prejudice to any other powers specially conferred upon it) shall have the following powers—

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

(b) to assign to any post or office in the service of the Council, other than a post in the Local Government Service, such salary, allowances or remuneration as the Council may think fit;

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

(d) subject to the express provisions of this Ordinance, to remove any officer or servant of the Council, other than a member of the Local Government service;

2(e) save as otherwise provided in subsection (3), to abolish any post or office in the service of the Council, whether or not such post or office is a post in the Local Government Service

(f) to sell by public auction or, with the prior approval in writing of the Minister, to sell otherwise than by public auction, or to lease, either in block or in parcels—

(i) any land or building vested in the Council by virtue of section 35 or section 37 if the prior sanction of the President has been obtained by the Council, and

(ii) any other land or building of the Council, subject to the terms and conditions of the instrument by which the land or building was vested in or transferred to the Council, unless the sale or lease is prohibited by such instrument;

(g) subject to the express provisions of this Ordinance, to enter into any contract with any person for any work to be done, or services to be rendered, or goods or materials to be supplied;

(h) to grant, with the prior approval of the Minister, to any person, firm, company or corporation for any purpose, a licence or concession, whether exclusive or otherwise, for any period or for any consideration, subject to such terms and conditions as to the Council may seem fit;

(i) to make by its officers authorised in that behalf and the servants or workmen accompanying them all such entries into lands and buildings and inspections thereon as may be necessary for the detection and abatement of nuisances, the detection, prevention, and abatement of all contraventions of this Ordinance or of by-laws, rules or regulations made thereunder, or for the performance of acts required to be done by or under this Ordinance in respect of which the owner or occupier of such premises is, or may be deemed to be, in default;

(j) all expenses incurred by the Council in the establishment and maintenance of maternity and child welfare service, the provision of health education, the maintenance. of primary health care centres and community development projects, the training of midwives for the purposes of any maternity service established by the Council, and charities or measures for the relief of distress caused by the rain, floods, fire, earthquake, gales famine or epidemics;

(jj) all contributions voted by the council for the promotion of religion and culture, including contributions made towards the cost of organisation of religious ceremonies and festivals, the maintenance of Dhamma schools and Sasana Rakshaka Mandalayas, the establishment of cultural centres, the organisation of literary and cultural festivals, the publication of books of literary and cultural value and the award of prizes to artists, authors and craftsmen;

(k) to institute or defend any legal proceedings which the Council may deem necessary to institute or defend for the purpose of enforcing or protecting the rights of the Council or of the public or of protecting its officers or members in the execution or intended execution of their duties;

(kk) to exercise, perform and discharge, any power, duty or function delegated to it by the Development Council constituted for the administrative district within the limits of which the municipality is situated; and to implement any work or scheme assigned to it for implementation by such Development Council;

[S 40(1)(kk) ins by s 2 of Act 19 of 1987.]

(l) to deal with any budget or supplementary budget in the manner hereinafter provided;

(m) to consider recommendations from the standing Committees, to reduce or increase the amount of expenditure, or to transfer the moneys assigned under one head of expenditure in the budget to another head;

(n) to consider the annual administration report, and append such observations thereto as the Council thinks fit, prior to its submission to the Minister;

(o) to approve the raising of loans for works or public services to be undertaken under the provisions of this Ordinance, or for the acquisition of any land or buildings required for the purposes of or in connection with any such work or public service or any machinery, plant or equipment required for the purposes of any such public service;

(p) to consider the periodical statements of receipts and disbursements hereinafter provided for, and progress reports of work done, and to pass such resolutions thereon as the Council thinks fit;

(q) to call the attention of the Mayor to any neglect in the execution of Municipal work, to any waste of Municipal property, the wants of any locality as noticed personally by any Councilor or made known to him by the inhabitants, and to suggest any improvements which appear desirable;

(r) to bring forward general questions connected with the Municipal Fund, or any new measures relating to purposes authorised by this Ordinance;

(rr) to organise employment programmes for the inhabitants of the municipality;

[S 40(1)(rr) ins by s 2 of Act 19 of 1987.]

(rrr) to—

(i) prepare and submit to the appropriate authority, a programme for the provision of educational facilities such as buildings, furniture, playground, hostels, teachers’ quarters, sports materials and library facilities, within the municipality;

(ii) recommend to the appropriate authority, the opening, closing, amalgamation, naming and upgrading: of, schools within the municipality;.

[S 40(1)(rrr) ins by s 2 of Act 19 of 1987.]

(s) to sanction the appropriation of Municipal land, or the acquisition of land for the purposes of this Ordinance;

(t) to purchase any land or other immovable property which may be sold in execution of any judicial decree or order obtained by the Council against any person whomsoever, and to resell the same;

(u) to establish and maintain any of the following public services—

(i) water supply;

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

(iii) the supply of electric light or power;

(iv) markets;

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

(vi) any other form of public service, subject to such prohibition or restriction of the establishment and maintenance of that service as may be imposed by any other law;

(uu) with the prior approval of the Minister—

(i) to engage in commerce and industrial enterprises for the manufacture production of such machinery, equipment materials and goods as may be required for the public services or the public utility services, as the case may be, which may be established and maintained by any Municipal Council or Urban Council under the Municipal Councils Ordinance and the Urban Councils Ordinance or under any other written law; and

(ii) to sell such machinery, equipment, articles, materials or goods to any other Municipal Council or Urban Council or to the public at such prices as may be determined by the Council and approved by the Minister.

[S 40(1)(uu) ins by s 2 of Act 13 of 1983.]

(uuu) with the prior approval of the Minister—

(i) to engage in commercial and industrial enterprises for the manufacture and production of such machinery, equipment, articles, materials and goods’ as may be required for the public services or the public utility services, as the case may be, which may be established and maintained by any Municipal Council or Urban Council under the Municipal Councils Ordinance and the Urban Councils Ordinance or under any other written law; and

(ii) to sell such machinery, equipment, articles, materials or goods to any other Municipal Council or Urban Council or to the public at such prices as may be determined by the Council and approved by the Minister.

[S 40(1)(uuu) ins by s 3 of Act 39 of 1986.]

(v) to make, repeal, alter, or amend bylaws for the purposes of this Ordinance;

(w) generally to do all things necessary for the effective exercise and performance of the powers and duties of the Council.

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

(3) Nothing in subsection (1)(e) shall be deemed or construed to empower the Municipal Council to abolish the office of Mayor, Deputy Mayor, Municipal Commissioner or Municipal Magistrate.

40A. Powers of the Minister in Respect of commercial and industrial enterprises.

(1) The Minister may approve any commercial or industrial enterprise under (uu) of subsection (1) of section 40 having regard to—

(a) the economic viability of such enterprises;

(b) the benefits that may accrue to any Municipal Council and the public by the operation of such enterprise;

(c) the financial position of the Municipal Council engaging in such enterprise.

(2) No sums of money appropriated to a Municipal Council by Parliament under paragraph (f) of subsection (2) of section 185 and no grants allocated to a Municipal Council by the Minister under paragraph (g) of subsection (2) of section 185 shall be utilised by such Council for the purposes of establishing or maintaining any commercial or industrial enterprise.

(3) Where the Minister is of opinion that the continued operation of any commercial or industrial enterprise of any Municipal Council would be prejudicial to the interests of such Council by reason of mismanagement or that it is likely to involve financial loss to the Council he may, after consultation with the Council by proper published in the Gazette, terminate the operation of suck enterprises and direct the Council to take charge of all books records and assets of the enterprise and to take such measures as may be necessary to give effect to such Order.

(4) The Minister may, from time to time, Municipal Council engaged in any commercial or industrial enterprise general or special directions as to the carrying on or transaction of its business and such directions shall be carried out by the Council.

(5) The Minister may, from time to time, direct the Council in writing to furnish him in such form as he may require, returns, accounts and other information with respect to the business of such, enterprise, and the Council shall carry out every such direction.

[S 40A ins by s 3 of Act 13 of 1983.]

41. Prevention of Frauds Ordinance not to apply.

None of the provisions of the Prevention of Frauds Ordinance shall apply to any sale, lease, mortgage, release or other agreement or contract affecting immovable property to which a Municipal Council is a party.

42. Power to authorise surveys.

(1) Whenever it appears to a Municipal Council that an examination or survey of any private lands, buildings, or premises is necessary for any Municipal purpose, it shall be lawful for the Council to direct any officer or servant of the Council to make such survey, and it shall thereupon be lawful for such officer or servant and his workmen to enter upon such premises and to do thereon any of the following acts—

(a) to survey and take levels of such land;

(b) to dig or bore into the subsoil;

(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;

(d) to set out the boundaries of any land to be acquired, or street lines, or the lines of any work proposed to be carried out;

(e) to mark such levels, boundaries, or lines by placing permanent marks on existing buildings, trees, posts, walls, fences, or other fixed objects, or by fixing new marks, or by cutting trenches, as the case may require; and

(f) where otherwise a survey cannot be completed, or levels taken, or the boundaries and lines marked, to cut down and clear away obstructions interfering with the execution of such work:

Provided that full compensation shall be paid for any damage done;

And provided further, that no person shall enter any building or any enclosure attached to a dwelling house (except with the consent of the occupier thereof) without previously giving such occupier, at least three days’ notice of his intention to do so.

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

42A. Demolition of unauthorised buildings.

(1) The Mayor of a Municipal Council may cause a written notice to be served on the occupier of any unauthorised building directing such occupier to demolish that building.

(2) Where a notice served under subsection (1) on the occupier of an unauthorised building is not complied with within fourteen days reckoned from the date of such service, the Mayor may cause that building to be demolished;

and any person or persons acting under the authority of the Mayor may enter the land on which such building is situated and do all such acts as may be necessary for the purpose of such demolition.

(3) The provisions of section 68 shall, mutatis mutandis, apply in the case of any building demolished under subsection (2) in like manner and to the same extent as they apply in the case of any building pulled down under
section 67.

(4) No action or other proceeding shall lie against any person for any act done in the exercise of the powers conferred by subsection (2), and no person shall be entitled to any compensation for any damage or loss caused by
such act.

(5) In this section, the expression “unauthorised building” means any building situated within the administrative limits of a Municipal Council and erected on any land belonging to or vested in the State or that Council without prior permission given by or on behalf of the State, or that Council, as the case may be.

[S 42A ins by s 2 of Act 15 of 1957.]

43. Municipal office.

(1) Every Municipal Council shall establish and maintain an office within the Municipality for the transaction of business. Such office shall be called the “Municipal Office”.

(2) There shall be kept at the Municipal office during all hours of business a box for the reception of petitions, and a book for the registry of such petitions and of the orders passed thereon, after inquiry and report by the proper officer.

44. Acquisition of lands or general public purposes.

A Municipal Council may acquire lands or buildings for the general purposes of the Council without indicating the purposes for which any land or building is to be applied.

45. Compulsory acquisition of lands and buildings.

Any land or building required for the purposes of a Municipal Council may be acquired under the Land Acquisition Act by the Government for the Council.

46. General duties of Council.

Every Municipal Council shall, within the Municipality, have the following duties—

(a) to maintain and cleanse all public streets and open spaces vested in the Council or committed to its management;

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

(c) to supervise and provide for the growth and development of the Municipality by the planning and widening of streets, the reservation of open spaces, and the execution of public improvements;

(d) to abate all nuisances;

(e) to establish and maintain (subject to the extent of its resources) any public utility service which it is authorised to maintain under this Ordinance and which is required for the welfare, comfort or convenience of the public;

(f) generally to promote the public health, welfare and convenience, and the development, sanitation and amenities of the Municipality.

PART V

POWERS AND DUTIES AS TO STREETS

47. Power to construct new, and improve existing streets.

Subject to the provisions of this Ordinance, a Municipal Council may—

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

(b) widen, open, enlarge or otherwise improve, or turn, divert, discontinue, or stop up, whether in whole or in part, any street to which the Thoroughfares Ordinance does not apply and, with the sanction of the Minister charged with the subject of thoroughfares, any other street,

making due compensation to the owners or occupiers of any property required for such purposes, or any person whose legal rights are thereby infringed.

48. Acquisition of lands required for diversions or enlargements.

(1) If in connection with the laying out turning, diversion, widening, opening, enlargement, or improvement of any street, it becomes necessary for any Municipal Council to take possession, for public use, of the land of any person, it shall be lawful for such Council to make an agreement with the owner for the compensation to be paid for such land, and for any building, boundary wall, gateway, fence or tree standing thereon, either by allowing him to possess the ground, or part of the ground, of the former street or by the grant of other land in exchange or by payment of money or by any two or more of such methods.

(2) Any land of which possession is taken by a Municipal Council in pursuance of any agreement under subsection (1) shall vest in the Council without any formal transfer thereof, and the certificate of the Mayor of the Council that any person has been allowed by the Council to possess any part of the ground of any former street or any land given in exchange under subsection (1), together with a survey thereof, shall be a sufficient proof of the right of such person to such ground or land.

(3) Where a Municipal Council cannot agree with the owner of any land as to the compensation to be made under subsection (1), or where such owner cannot be found, or where the Council does not deem it advisable to enter into any agreement with the owner of any land, then proceedings may be taken to obtain possession of such land, and for compensating the owner, in the manner prescribed by section 45.

(4) Every agreement under subsection (1) shall be in writing, but section 2 of the Prevention of Frauds Ordinance shall not apply to any such agreement or to any certificate issued under subsection (2).

49. Gifts of land required for diversion or enlargement of street.

If in connection with the laying out, turning, diversion, widening, opening, enlargement or improvement of any street, it becomes necessary for any Municipal Council to take possession of the land of any person for public use, and if the person claiming to be the owner of the land desires to make a free gift of the land to the Council for such purpose and to renounce all claim to compensation therefor, a record in writing to that effect duly signed by such person in the presence of the Mayor or of a person authorised by the Mayor in writing in that behalf shall be sufficient to vest the land in the Council. No such record shall be deemed to be invalid or of no effect in law by reason only that the requirements of section 2 of the Prevention of Frauds Ordinance have not been complied with as to attestation by a notary public and by witnesses.

50. Power to dispose of discontinued street.

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

51. Power to take land adjoining new street for building purposes.

In laying out or constructing any street, or in turning, diverting, widening, opening, enlarging, or otherwise improving any street, a Municipal Council may, in addition to the land required for the purposes of the carriageways and footways thereof, also purchase the land necessary for houses and buildings to form the said street, and may sell, lease, or otherwise dispose of the same, subject to the provisions of paragraph (f) of subsection (1) of section 40 and subject to such stipulations and conditions as to the class and description of houses or buildings to be erected thereon as the Council may think fit.

52. Proper officers empowered to enter upon lands for repair.

It shall be lawful for the proper officer of any Municipal Council and for the servants, workmen, and labourers employed of by or under him, at all times, and with all streets. necessary and proper carriages, carts, animals and other means, to enter upon any land adjacent or near to any existing or intended street within the Municipality, and there severally to do and perform all acts, matters, and things necessary for the purpose of tracing, measuring, making, working, opening, altering, turning, repairing, clearing, improving, or fencing any such street, or for building, excavating, repairing, clearing, or improving any bridge, fence, drain, dam, or ditch thereupon, or in any way connected therewith, or for performing any act, matter or thing under the provisions of this Ordinance, or any by-law, rule or regulation made thereunder.

53. Power to take materials.

It shall be lawful for the proper officer of any Municipal Council and for the servants, 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 other materials whatsoever, for the purpose of tracing, measuring, making, working, opening, altering, turning, repairing, clearing, improving, or fencing, or in any way assisting in the tracing, measuring, making, working, opening, altering, turning, repairing, clearing, improving, or fencing any existing or intended street in the Municipality; or of building, excavating, repairing, clearing, or improving any bridge, fence, drain, dam, or ditch thereupon, or in any way connected therewith; or for the construction or repair of any lines or any buildings whatsoever required on or near any such street for the use of any officer as aforesaid, or any workmen, animals, carriages, persons, or things employed in his service, in and from any land adjacent or near to any such, street, and to carry away the same through the land of any person, without being deemed a trespasser:

Provided that no such materials shall be dug for, cut, or taken away, upon or from any yard, avenue to a house, or lawn or any enclosed garden, plantation, field, or wood, without the consent of the owner thereof, unless sufficient materials cannot conveniently be obtained from the neighbouring waste lands or common or abandoned grounds, in which case the said officer may take any of such materials where he can conveniently procure them;

Provided also that reasonable compensation for all materials so taken, and for the damage done in taking and carrying away the materials, shall be made to the owner thereof;

Provided, further, that such officer shall rail or fence off any quarry or pit from which any such materials may be taken, so that it may not be dangerous to any person or animal.

54. Power to erect buildings and keep cattle.

It shall be lawful for the proper officer of any Municipal Council when tracing, measuring, making, working, opening, altering, turning, repairing, clearing, or improving any existing or intended street within the Municipality, or building, excavating, repairing, clearing, or improving any bridge, fence, drain, dam, or ditch thereupon or in any way connected therewith—

(a) to make and erect temporary buildings on any land adjacent or near thereto for the accommodation of such officer, or for the accommodation of the servants, workmen, labourers, animals, carriages, or things employed by him during the progress of the work; and

(b) to keep all such animals as may be employed by him duly tethered and stabled upon any lands near or adjacent thereto, and to continue so to keep the animals on such lands for such time as may be necessary;

Provided that no such building shall be erected, nor any such animal kept on any land which is under cultivation or is situated in any area where there are neighbouring waste lands or common or abandoned grounds available for the purpose;

Provided, further, that reasonable compensation for any damage done to the land shall in all cases be made to the owner thereof.

55. Power to throw rubbish upon adjacent lands.

In the tracing, measuring, making, working, opening, altering, turning, repairing, clearing, or improving of any existing or intended street within any Municipality, or building, excavating, repairing, clearing, or improving any bridge, fence, drain, dam, or ditch thereupon or in any way connected therewith, it shall be lawful for the proper officer of the Municipal Council to throw upon any lands adjacent or near to the street such earth, rubbish, or materials as it may be necessary to remove from the place of any such work.

56. Power to make temporary road.

It shall be lawful for the proper officer of any Municipal Council to make a temporary road through the grounds adjacent or near to any existing or intended street in the Municipality during the execution of any work thereupon or any work in any way connected therewith:

Provided that such road shall not be made over any ground whereon any building stands or over an enclosed garden or yard.

57. Power to cut trees.

It shall be lawful for the proper officer of any Municipal Council to cut and remove, and place upon any adjacent or neighbouring land, all trees, bushes, or shrubs, and all leaves or branches or roots of trees that shall grow in or overhang any street within the Municipality, or cause any obstruction therein, and for that purpose to enter upon any land or premises with such persons, animals, and instruments as may be necessary, and to proceed to do therein all such things as may be necessary for the cutting, lopping, or removing of such trees, bushes, shrubs, leaves, branches, or roots.

58. Power to put up fences.

It shall be lawful for the proper officer of any Municipal Council to put up or make fences, hedges, ditches, drains, or banks by the side of any street within the Municipality, whenever to him it shall appear necessary, and the owner or occupier of each land adjoining such fences, hedges, ditches, drains, or banks shall and he is hereby required to keep them in good and substantial repair and order.

59. Power to make and keep open ditches and to lay trunks.

The proper officer of any Municipal Council shall have power to make, scour, cleanse, and keep open all ditches, gutters, drains, or watercourses along any street within the Municipality, and also to make and lay such drains, watercourses, trunks, tunnels, plats, or bridges, as he may deem necessary for the protection, preservation, improvement, repair, or construction of any street or intended street, in and through any lands or grounds adjoining or lying near to such street or intended street.

60. Power to lay stones.

The proper officer of any Municipal Council shall have power to lay any heap of stone or gravel, or any log of wood, or any other matter or thing whatsoever, upon any street within the Municipality, and to allow such matter to remain there during the time such street is under repair, and for such time before the repairs are commenced and after the repairs are completed, as may be necessary for facilitating the making of such repairs or for preventing damage to such recently repaired streets, but he shall take due and reasonable precaution for preventing danger or injury to persons passing along such street.

61. Power to construct and maintain tramways.

Any Municipal Council, with the sanction of the Minister, may, by its own officers and servants, construct, maintain, and use, a tramway or tramways within the Municipality.

62. Power to enter into contracts for tramways.

A Municipal Council, with the sanction of the Minister, may enter into any agreement or contract with any person, corporation or company for the purpose of granting to such person, corporation, or company, the right to construct, maintain, and use a tramway or tramways within the Municipality, upon the terms, for the consideration, and subject to the conditions and in the manner mentioned, in such agreement or contract.

63. Public vehicular communications.

A Municipal Council may organise and maintain, either by itself and its own officers, or by agreement with any promoter or promoters in the manner prescribed by section 62, any form of public vehicular communication other than a tramway for the service of the inhabitants of any area within the administrative limits of the Council, subject to such prohibition or restriction of the organisation and maintenance of that form of communication as may be imposed by any other law.

64. Other powers of a Municipal Council.

It shall be lawful for a Municipal Council, without prejudice to any other powers vested in it, to do any of the following acts—

(1) to water the streets;

(2) to remove projections, encroachments and obstructions in or upon any street subject to the conditions that where the person responsible therefor is known to the Council, such action shall be taken by the Council, only after notice has been given to him, and he fails to remove such projections or encroachments or obstructions within such time as may be specified in the notice or with due diligence;

(3) to shut up and secure deserted houses;

(4) to recover in manner hereinafter provided the expenses incurred by any action taken under paragraphs (2) and (3) hereof from the person whose act or neglect shall have rendered such action necessary.

65. Roads for benefit, of, individual property owners.

A Municipal Council may, at the request of the owner or owners of any one or more estates or industrial enterprises situated within the Municipality, in any case in which the Council is of opinion that the public interests would not otherwise justify the construction or maintenance of a road in such a locality, contract with such owner or owners for the construction or maintenance of a road for the service of the estate or estates, or the enterprise or enterprises in question, subject to the payment of such contribution towards the expenses of such construction or maintenance as may be approved by the Council and subject to the condition that by an appropriate instrument such road is constituted a public road and is vested in the Council, and all such agreed contributions shall be deemed to be special rates imposed upon the lands benefited, and shall be recoverable in the same manner as a rate imposed under this Ordinance, and all the provisions of this Ordinance relating to rates shall apply thereto.

66. Houses in a ruinous and dangerous state.

If any house, building, boundary wall or gateway adjoining any street in any Municipality, or anything affixed thereon, be deemed by the Council to be in a ruinous state, whether dangerous or not, or to be likely to fall, the Council shall immediately, if it appears to be necessary, cause a proper hoarding or fence to be put up for the protection of persons using such street, and shall cause notice in writing to be served on the owner or occupier forthwith to take down, secure, or repair such house, building, boundary wall, gateway or thing fixed thereon, as the case may require.

67. Failure to comply with notice.

If any person, on whom a notice is served by or on behalf of the Council under section 66, does not begin to comply with such notice within three days of the service thereof or does not complete the work with due diligence, the Council shall cause all or so much of the work as it may deem necessary to be carried out, and all the expenses thereby incurred shall be paid by such person, and, in case of default, shall be recoverable as hereinafter provided.

68. Sale of materials of ruinous houses.

If any house, building, or wall, or any part thereof be pulled down by or under the authority of the Council under section 67, the Council may sell the materials thereof, or so much of the materials as may have been taken down, and apply the proceeds of such sale in payment of the expenses incurred, and shall, on demand, pay any surplus arising from such sale to the owner of such house, building, or wall:

Provided always that, in case no demand for such surplus is made within twelve months by any person entitled to make such demand, the Council shall be at liberty to pay the amount of such surplus to the credit of the Municipal Fund, and shall be freed from any liability to pay or answer for or in respect of such unclaimed surplus;

And provided, further, that the Council, notwithstanding that it may have sold such materials for the purposes aforesaid, shall have the same remedies for compelling the payment of so much of the expenses as may remain due after the application of the proceeds of the sale as by this Ordinance are provided for compelling the payment of the entirety of the expenses.

69. Street lines.

A Municipal Council may, from time to time, cause plans to be prepared showing by means of lines the limits by which any street or proposed street should, in the opinion of the Council, be bounded. When any such plan has been approved by the Council, the lines therein indicated shall, for the purposes of section 70, be taken to be the street lines of such street.

70. Setting back houses to street lines.

Where any building which, or any part of which, projects beyond the street line has either entirely or in greater part been taken down, burned down or has fallen down, the Council may require such building or part, when being rebuilt, to be set back to the street line, and the portion of land added to the street by so setting back the building shall thenceforth be deemed to be part of the street and be vested in the Council:

Provided always that the Council shall make full compensation to the owner of any such building for any damage he may thereby sustain.

71. Naming of streets and numbering of houses.

(1) The Minister shall, either by his own motion or on application made in that behalf by a Municipal Council, determine the name by which any street shall be known and in like manner at any time alter the name of any street.

[S 71(1) subs by s 3 of Act 4 of 1975.]

(2) …

[S 71(2) rep by s 3 of Act 4 of 1975.]

(3) The Council shall determine the number by which any house or tenement shall be distinguished and may alter such number, from time to time, as occasion may require.

(4) It shall be lawful for the Council to paint or otherwise mark or exhibit the name of any street or the number of any house or tenement on any private property and, from time to time, to alter or renew such inscription of the name or the number, as the case may be, whenever such name or number is altered or the inscription becomes illegible.

(5) Any person who, without the authority of the Council, destroys, pulls down, defaces or alters any inscription of the name of any street or the number of any house or tenement which has been lawfully set up by the Council or sets up in any street any name different from the name lawfully given to such street or sets up in any house or tenement any number other than the number lawfully given to such house or tenement, shall be guilty of an offence.

(6) For the purposes of this section and of section 188(1)(d), the word “street” includes any road, footway, or passage used or intended to be used as a means of access to two or more houses or sites of houses whether the public have a right of way there over or not, and any side-walk, and reservation at the site thereof.

72. Doors, not to open outwards.

(1) All doors, gates, bars, and ground floor windows put up on or after the 1st day of January, 1897, which open upon any street, shall be hung or placed so as not to open outwards, except when the same are hung or placed in such manner as may be approved by the Council.

(2) If (except as aforesaid) any such door, gate, bar, or window is hung or placed so as to open outwards on any such street, the owner of the premises to which the same is attached shall, within eight days after notice from the Council to that effect, cause the same to be altered so as not to open outwards; and in case the owner fails or neglects to do so, the Council may cause such alteration to be made, and the expenses incurred thereby shall be paid by such owner, and, in case of default, shall be recoverable as hereinafter provided.

(3) If any door, gate, bar, or ground floor window put up before the date specified in subsection (1) is hung or placed so as to open outwards upon any street, the Council may, at its own cost, alter the same so that no part thereof when open projects over any such street so as to cause an obstruction.

OBSTRUCTION TO STREETS

73. Power to demand production of tile deeds.

(1) Whenever it appears to a Municipal Council that enclosure or obstruction has been raised or made in any street under the control of the Council, or on any waste or other land immediately adjoining such street and belonging to the State, it shall be lawful for the Council by written notice served on the person claiming to be the owner of the premises on which such building, enclosure, or obstruction has been raised or made, to demand the production of every deed, document, and instrument upon which such person founds such claim.

(2) In any of the following cases, that is to say—

(a) where the occupier of any premises, not being himself the alleged owner, refuses to give full information respecting the name and residence of the alleged owner upon being requested so to do by the Council; or

(b) where the alleged owner of any premises refuses to produce within ten days, after being requested so to do, every deed, document, and instrument upon which he founds his claim to the premises and which is in his possession; or

(c) where the alleged owner of any premises, not being in possession of any such deed, document, or instrument, refuses to give full information to the Council, upon being requested so to do, of the name and residence of the person in whose possession they are; or

(d) where any person having in his possession any such deed, document, or instrument refuses to produce it within ten days after having been requested so to do in writing by the Council,

every such occupier, alleged owner, or person so refusing shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 73(2) am by s 4 of Act 39 of 1986.]

74. Demand of production of deeds to include power of examination.

(1) Every deed, document, or instrument the production of which is demanded by the Council under section 73 shall be produced on the premises to which it relates, or at such other place as the Council may require; and the power given by that section to demand the production thereof, shall be deemed to include the power to make such examination and copies of such deeds, documents, and instruments as may be necessary.

(2) Every person refusing or failing to permit the Council or any person authorised by the Council to examine any deed, document, or instrument or to take copies thereof, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 74(2) am by s 5 of Act 39 of 1986.]

75. Power to make survey of premises.

In any case referred to in section 73(1), it shall be lawful for any person authorised in that behalf by the Council to make such survey of the premises, on which the building, enclosure, or obstruction has been raised or made, as may be necessary to enable the Council to ascertain whether an encroachment has been made thereby upon any street or on any State land adjoining a street, and for the purposes of such survey, to enter upon such premises and upon any other premises whatsoever which it may in his opinion be necessary to enter.

76. Proof of right to apparent encroachment to rest upon the owner.

(1) Whenever it appears to the Council that the line of any street under the control of the Council has been altered without proper authority, or has been stopped up, or obstructed or encroached upon, the Council shall give notice in writing to the occupier of the land from off which the street is alleged or suspected to have been turned, or upon which such stoppage or obstruction or encroachment is alleged or suspected to have been made, that a survey of the premises has been made by or by the direction of the Council, and is open to the inspection of such occupier at a place to be mentioned in the notice, and that unless within one month from the service of the notice he, or the person under whom he holds, takes legal proceedings for establishing his title to such land, and for preventing the removal of any such obstruction or encroachment, the Council will proceed with the removal thereof in manner provided by section 77.

(2) If no legal proceedings are taken within the time specified in subsection (1) or being taken are not duly prosecuted, it shall be the duty of the Council to cause any such obstruction or encroachment to be forthwith removed as provided by section 77.

(3) Where legal proceedings are taken, it shall be incumbent on the party claiming to be the owner of the land from off which the line of any street is alleged to have been altered or turned, or upon which the stoppage or obstruction or encroachment is alleged to have been made, to prove his title to such land.

77. Removal of obstructions or encroachments.

(1) It shall be lawful for the Council, through any person authorised by the Council in that behalf, to give order verbally or by notice in writing, to any person obstructing or encroaching upon any street under control of the Council, forthwith to remove or abate the obstruction or encroachment; and if any person to whom such order is given refuses or neglects to comply therewith within a reasonable time, or, if there be any doubt as to who is the proper person to whom such order should be given, after such notice has been fixed for a reasonable time to such obstruction or encroachment, it shall be lawful for the Council to cause any such obstruction or encroachment to be forthwith removed or abated.

(2) For the purpose of removing or abating any obstruction or encroachment under subsection (1), it shall be lawful for the Council or any person authorised by the Council to enter any house, garden, enclosure or other premises, together with such persons and with such implements and materials as may be necessary, and to proceed to do or take therein or cause to be done or taken all such acts or measures as may be necessary for such removal or abatement.

(3) The costs incurred in the removal or abatement of any obstruction or encroachment under this section by or under the authority of the Council shall be payable by the person whose failure to comply with the order under subsection (1) caused such costs to be incurred; and such costs, where they are not paid by such person on demand, shall be certified by the Council to the Magistrate’s Court having jurisdiction over the area where such person resides and shall be recovered by that court in like manner as a fine imposed by the court. All moneys so recovered shall be paid by the court into the Municipal Fund.

(4) Where the removal or abatement of any obstruction or encroachment is effected after the due production of all deeds, documents, and instruments affecting the title to such premises, and such premises are nevertheless adjudged to be the property of the party laying claim to the same, such party shall be entitled to compensation from the Council for all loss and injury occasioned thereby; but if the party claiming to be the owner of such premises shall refuse or neglect to produce all such deeds, documents, and instruments, or if such deeds, documents, and instruments shall not be produced within ten days after application in that behalf, and the Council shall nevertheless have caused the removal of such building, enclosure, or encroachment, then, in the event of such premises being adjudged to be the property of the party claiming to be the owner thereof, such party shall not be entitled to any compensation for any loss or injury occasioned thereby.

INJURIES TO STREETS

78. Destroying milestone, bridge.

Every person who—

(1) willfully or negligently destroys, pulls up, defaces, throws down, breaks, or injures any milestone, mile-post, demarcation stone, demarcation post, 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 fence belonging to any street or erected at or near any pit or quarry opened or used for getting road materials; or

(2) willfully and unnecessarily removes any fence, post, stone, log, or other thing laid or erected by the direction of any competent authority on or in any street, for the temporary prevention of the use thereof, or for preventing danger or injury to persons passing along the same whilst undergoing repair; or

(3) without the permission of a competent authority, gathers or heaps up, or takes away, any stones, gravel, sand, or other material, or any slutch, dirt, drift, or soil from any street; or

(4) leads or drives any elephant, ox, horse, pig, or other animal or any vehicle from or off or on or into any street in such manner as to cause injury to the street or shall suffer any such animal to damage the street; or

(5) being the owner or occupier of any land contiguous to any street, suffers the passage through or into his land of the water from such street, or from any ditch or drain leading therefrom, to be obstructed, or suffers any water, filth, or other substance or thing to flow or run from such land or house into or upon any such street, or suffers any accumulation of dirt or rubbish in any drain opposite to his house or land to impede the flow of water; or

(6) without the previous consent of the Council, by any act on his land interferes with the free passage of water along or from any drain or culvert of any street; or

(7) hauls or draws upon any street any timber, stone, or other thing otherwise than upon a wheeled carriage, or suffers any timber, stone, or other thing carried principally or in part upon a wheeled carriage to drag or trail upon such street to the damage thereof; or

(8) makes or causes to be made any dam, ditch, drain, or watercourse upon or across, or otherwise breaks up, or injures, the surface of any street; or

(9) erects, sets up, lays down, or constructs, either permanently or temporarily in, along, under, or over any street, any post, pillar, lamp, wire, pipe, rails, or other plant, material, or works, without the permission of the Council, or otherwise than in accordance with the terms and conditions of such permission; or

(10) attaches additions to his house so as to project over the outer edge of the side drain of any street, or by means of temporary supports or otherwise exposes goods or wares of any description over any portion of a street or its side drain, or by causing carts to be loaded or unloaded in front of his dwelling in any way injures the side drain,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees, and in case of a continuing offence, to an additional fine not exceeding two hundred and fifty rupees for each day during which such offence is continued after a conviction thereof.

[S 78 am by s 6 of Act 39 of 1986.]

79. Using new street for certain time after making.

Upon the construction of a new street or upon the execution of any repair to any existing street under the control of a Municipal Council, it shall be lawful for the Council, by notice exhibited upon or so as to be visible from the street, to prohibit the riding or driving of any animal or vehicle on the street for a specified period not exceeding one month after the completion of the work of construction or repair; and every person doing any act in contravention of such notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 79 am by s 7 of Act 39 of 1986.]

80. Owner or occupier bound bridge and cover drain leading to his house.

If the owner or occupier of any house or premises adjoining any street, by the side of which a drain has been made or excavated, requires means of access to such house or premises from such street, he shall be bound to place over the drain, to the satisfaction of the Council, a bridge, platform, or arch, which shall in no case cover less than three feet of the length of such drain; and it shall be lawful for the Council on being satisfied that any person has access from such street to any house or premises so situated and that such bridge, platform, or arch should be provided, to call upon the owner or occupant of the house or premises forthwith to construct such bridge, platform or arch, and if he fails to do so within a reasonable time, to cause the work to be done, and to recover the cost thereof in the manner provided in section 77 for the recovery of the costs therein mentioned.

81. Allowing trees to grow in such a way as to injure streets.

Any person who allows any tree, upon any premises of which he is the owner or of which he is in occupation, to grow in such a way as to cause injury to any street, after the service of a notice upon him by the Council calling upon him to take the necessary measures to abate such injury, and after the expiration of such reasonable time as may be specified in the notice for the purpose, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees, and in any such case the Magistrate before whom the offender is convicted may, in default of the necessary measures being taken by the offender, direct that such measures shall be taken by the Council, and that the costs thereof shall be recovered in the manner provided in section 77 for the recovery of the costs therein mentioned.

[S 81 am by s 8 of Act 39 of 1986.]

82. Damage to street through clearing, draining or opening up neighbouring land.

(1) It shall be the duty of every person who proposes to undertake any such operations for clearing, draining, or opening up any land in the vicinity of any street as are likely to cause injury to the street, or to impair the condition thereof by reason of any outflow or increased outflow of water or silt—

(a) to give notice in writing to the Council of his proposed operations; and

(b) in addition to such measures as may be taken by the Council to take at his own expense all such measures as may be reasonably necessary to prevent such injury to or such impairment of the condition of such street.

(2) Any person who undertakes any of the operations referred to in subsection (1) without giving the notice required by that subsection, or who otherwise makes default in complying with the requirements thereof, shall be responsible for any damage occasioned by such operations and for any expenses incurred by the Council for the purpose of preventing or remedying any damage that may be occasioned or apprehended in consequence of such operations, and the amount of any such damage or expenses may be recovered in the manner provided in section 77 for the recovery of the costs therein mentioned.

NUISANCES ON STREETS

83. Offences.

(1) Every person who, within a Municipality, turns loose or suffers to be turned loose any elephant, ox, buffalo, horse, sheep, goat, or other animal on to or into any street, or so that it makes its way on to or into any street, or ties or tethers or suffers to be tied or tethered any animal of any description in any manner which permits it to make its way on to or into any street, unless such animal is so tied or tethered during the time required for loading or unloading it, or for the loading or unloading of any cart or boat to which it may belong, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees:

[S 83(1) am by s 9 of Act 39 of 1986.]

Provided that where any such animal is found on or in any street or tied or tethered in such a way that it can make its way on to or into any street such animal shall be deemed to have been turned loose or suffered to be turned loose or to have been tied or tethered, or suffered to be tied or tethered, as the case may be, by the owner thereof unless he satisfies the court to the contrary.

(2) The owner of any pig found tied, straying, burrowing, or wallowing in any street or canal within a Municipality shall be guilty of an offence any shall be liable on conviction to fine not exceeding five hundred rupees; and it shall be lawful for any person to seize or shoot or otherwise destroy any pig that he may find tied, straying, burrowing, or wallowing in any such street or canal; and such person may, if he choose, take such pig to any peace or police officer of the area in which the offence was committed and such officer shall forthwith sell the pig and pay the proceeds of such sale to such person.

[S 83(2) am by s 9 of Act 39 of 1986.]

(3) Every person who, within a Municipality—

(a) hangs up or otherwise exposes any mats, clothes, or any substances of any nature whatever on or at the side of any street in a manner calculated to obstruct the use of the street;

(b) leaves or permits to be left, on any street any cart or other carriage, without the oxen, horses, or other animal being yoked or harnessed thereto, unless such cart or carriage has accidentally broken down there, and, in case of such accident, for a longer time than may be necessary for its removal;

(c) suffers any vehicle to remain in any street between a quarter of an hour after sunset and a quarter of an hour before sunrise without having attached thereto the lights required by the Vehicles Ordinance or the Motor Traffic Act;

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

(e) lays or throws any stones, bricks, raft, timber, sand, lime, dung, straw, rubbish, or scorings of any ditch or drain, or other article or thing, on or in any street, river, or canal, and allows such article or thing to remain there, except for such period as may be absolutely necessary for the removal thereof;

(f) leads or drives on any street any cart or other carriage with timber, boards, iron, or other goods so that either end of any such goods projects beyond the wheels or sides thereof;

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

(h) after having blocked or stopped any cart or other carriage in going up or down any hill or rising ground, causes or suffers to be or to remain on any road the stone, timber, or other thing with which such cart or other carriage may have been blocked or stopped; or

(i) in any manner willfully prevents any other person, or any carriage, boat, raft, or other conveyance under his care, from passing along any street,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees, and, in case of a continuing offence, to an additional fine not exceeding two hundred and fifty rupees for each day during which such offence is continued after a conviction thereof.

[S 83(3) am by s 9 of Act 39 of 1986.]

(4) Every person who, within a Municipality, places or continues any kraal or fence or any other obstruction in any canal or river so as to impede or in any way interfere with the convenient navigation thereof, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees. It shall be lawful for the Council to cause any such kraal, fence or obstruction so placed or continued to be pulled up or otherwise destroyed, and to recover the costs thereof in the manner provided in section 77 for the recovery of the costs therein mentioned.

[S 83(4) am by s 9 of Act 39 of 1986.]

84. Seizure of stray cattle.

(1) It shall be lawful for any person authorised thereto by the Council to seize any ox, buffalo, horse, sheep, goat or pig which he may find tied, tethered, or straying on or about any street within the Municipality, unless such animal belongs to any cart or boat to which it is tied or tethered whilst the cart or boat is being loaded or unloaded, and to place every animal so seized in the pound established by the Council for the purpose.

(2) No animal seized under subsection (1) shall be delivered to the owner thereof unless upon payment of such sum as the Council having regard to local conditions may by resolution fix, from time to time, for the use of the person by whom the animal may have been seized and for each day during which the animal may have been kept in the pound.

[S 84(2) subs by s 10 of Act 39 of 1986.]

(3) If no person claims any animal placed in the pound or pays the dues required by subsection (2) within ten days after the seizure of the animal, it shall be lawful for the Council to sell it by public auction, and after payment of such sums as the Council having regard to local conditions may by resolution fix from time to time, to the person by whom the animal was seized and for each day during which the animal may have been kept and maintained in the pound, to pay any balance of the proceeds of such sale into the Municipal Fund, and if such balance is not claimed and the payment thereof is not obtained by any person entitled thereto within a period of one year from the date of the sale, to pay such balance into the Municipal Fund.

[S 84(3) am by s 10 of Act 39 of 1986.]

(4) The provisions of this section shall have effect in every Municipality notwithstanding anything contained in the Animals Act.

85. Interference with cattle seizers or pig seizers.

Any person who removes any animal from the lawful custody of any person authorised to seize it under section 84, or under subsection (2) of section 83, or who in any way molests or obstructs such person in the exercise or discharge of his powers or duties shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 85 am by s 11 of Act 39 of 1986.]

SPECIAL USER OF STREETS

86. Power of Council to authorise the user of streets for special purposes—

Any Municipal Council may, from time to time, and either independently or in combination with any other Municipal Council, subject to the terms of any special enactment in that behalf, enter into agreement with any person or body of persons or any local authority constituted by law (hereinafter referred to as “the promoters”), to authorise such promoters, for the purpose of any system of tramways, of any supply of gas, electrical energy, water, or other public service, or any private enterprise or object, to make such user of streets under the control of a Council, and to execute all such works and to set up or to maintain all such erections or plant thereon or therein as may in the opinion of the Council be necessary for the purpose of the effective establishment or maintenance or the modification or development of such public service or such enterprise or object.

87. Rules.

(1) For the purpose of any agreement referred to in section 86, and for the purpose of securing the observance of the respective rights and obligations of the public, the Municipal Council and the promoters in connection with any public service or any private enterprise or object to which the agreement relates, the Council (except in so far as provision is made by any special enactment in that behalf) may make rules—

(a) authorising the promoters and their agents, servants or workmen, or the agents, servants, or workmen of the Council subject to such conditions as may be prescribed in the rules—

(i) to break up the soil, metal, and pavement of any street vested in the Council;

(ii) to open and break up any sewers, drains, or tunnels within or under such streets;

(iii) to erect, set up, or lay down, either permanently or temporarily in, along, under, or over such street, any post, pillar, lamp, wire, pipe, rails or other plants, material, or works;

(iv) to alter the position of any public line, wire, or other apparatus or plant in or about such street for the purpose of any other public service;

(b) requiring the promoters to do as little damage as may be in the execution of the powers granted by the said rules, and to make any compensation for any damage which may be done in the execution of such powers;

(c) requiring the promoters to complete any work which they may be authorised to execute under such rules with all convenient speed, and to reconstruct, repair or restore any street, sewer, drain, tunnel, or any plant or apparatus which they may be authorised to remove, alter or to interfere with in pursuance of such rules;

(d) requiring the promoters to remove and carry away all rubbish occasioned by their operations, and to cause proper precaution to be taken for the safety of the public in connection therewith;

(e) prohibiting any interference with or obstructions to any operations authorised by any rule under this section.

(2) No rule under this section shall authorise or empower any entry to be made, any material or plant to be erected or deposited, or any work to be executed upon any building or land which is not vested in the Council, without the consent of the owners and occupiers thereof first had and obtained.

(3) Any rule made by a Municipal Council under this section may, from time to time, be amended, varied or rescinded by the Council.

88. Expenses caused by extraordinary traffic.

(1) Where it appears to any Municipal Council that, having regard to the average expense of maintaining streets in the neighbourhood, extraordinary expenses have been incurred by the Council in maintaining any street of which it has control, by reason of the damage caused or likely to be caused by the carriage of any excessive weight or the passing of extraordinary traffic thereon, the Council shall be entitled to recover from any person by whose order or in consequence of whose order, such weight or traffic was carried or caused, the amount of such expenses as may be proved to the satisfaction of a competent court to have been incurred by the Council by reason of the damage arising or likely to arise from such excessive weight or extraordinary traffic, or, where more than one person is responsible for such excessive weight or extraordinary traffic, may recover from each of such persons such proportion of the amount of the expenses so incurred as in the opinion of the court may fairly be assigned to him.

(2) Any person against whom expenses are or may be recoverable by a Municipal Council under this section may enter into agreement with the Council for making payment to the Council by way of composition in respect of such weight or traffic and, where payment is made in accordance with such agreement, no proceedings under this section shall be instituted or maintained against such person.

(3) Proceedings for the recovery of any expenses under this section shall be commenced within twelve months from the time at which such expenses were incurred, or where any expenses incurred are the consequence of any particular contract or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work.

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

POWERS, DUTIES, AND RESPONSIBILITIES OF OFFICERS

89. Powers conferred on officers in charge of public works by whom to be exercised.

In respect of all streets within the limits of a Municipality, the Mayor of the Council and all persons authorised in writing by him in that behalf, shall and may by themselves, their servants, workmen, and labourers, exercise the several powers and authorities conferred by this Part on officers in charge of works to which this Part is applicable.

90. Survey by proper officer to be conclusive evidence.

If any plan or survey made by or by the direction of a Municipal Council or the Mayor of the Council or any authority of which the Council is a successor, is produced in evidence in any proceeding under this Part, such plan or survey shall be deemed and taken to be conclusive proof of the facts exhibited thereof, in so far as the claim of the Council is concerned, unless the contrary is established by the party contesting such claim.

91. Compensation for injury to property by authorised officers.

Every person who sustains any loss or damage by reason of the exercise, by or by the authority of the Mayor of a Municipal Council, of any of the powers or authorities conferred by this Part upon officers in charge of works to which it is applicable, shall, (except where the loss or damage is incurred through the act, default or neglect of such person), be entitled to receive compensation for such loss or damage, if he makes application in that behalf to the Council at any time before the expiration of three months after the claim for compensation has arisen. Where any such person fails to make such application within the aforesaid period, his claim to compensation for the alleged loss or damage shall be disallowed, and he shall be barred from recovering such compensation.

92. Arbitration.

Where, for any reason, the amount of any compensation payable under section 91 is not agreed upon between the Municipal Council and the claimant, such amount may be determined by two arbitrators of whom one shall be nominated by the Council and the other by the claimant. If the two arbitrators cannot agree, they shall appoint an umpire and the award of the arbitrators or the umpire, as the case may be, given in terms of the reference agreed to by the Council and the claimant, shall be final.

93. Officers and contractors leaving stones on streets at night.

If any officer of a Municipal Council in charge of any work on any street or any person engaged upon any street in pursuance of any contract with any such Council, lays or causes to be laid any heap of stones, gravel, rubbish, or other matter whatsoever upon the street, and allows such heap to remain there at night to the danger or personal damage of any person passing along the street (all due and reasonable precautions not having been taken by him to prevent any such danger or damage), such officer or person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 93 am by s 12 of Act 39 of 1986.]

94. Road officer or road contractor not to be liable to a fine except in certain cases.

Save as in section 93 provided, nothing contained in this Part shall render any officer of a Municipal Council in charge of any work on any street, or any contractor under the Council, liable to any prosecution or fine under this Part for any act done by such officer in the discharge of the duties of his office, or by such contractor in the necessary execution or performance of his contract.

95. Police officers to enforce provisions of this Part.

It shall be the duty of all officers of the police force to aid and assist in the prevention of all offences against this Part within the areas in which they are appointed.

PART VI

POWERS AND DUTIES AS TO PUBLIC HEALTH

PUBLIC HEALTH

96. Municipal Council to be general public health authority.

Subject to the powers and responsibilities by law committed to any other authority, the Municipal Council of each Municipality shall be the general administrative authority for the purpose of promoting and securing the public health within the Municipality, and shall for that purpose be entitled to exercise all such powers as are vested in it by this Ordinance, the Nuisances Ordinance, the Housing and Town Improvement Ordinance, and any other written law for the time being in force in that behalf.

DRAINAGE

97. Government or Councils to make public drains.

The Government or any Municipal Council may, from time to time, cause to be made, altered, or extended such public main or other drains, sewers and watercourses as may appear to be necessary for the effectual draining of the Municipality, and, if necessary, the Government or the Council may carry them through, across, or under any street or any place laid out as or intended for a street, or any cellar or vault which is under any of the streets, and (after reasonable notice in writing in that behalf) into, through, or under any enclosed or other lands whatsoever, doing as little damage as may be and making full compensation for any damage done.

98. Duty of Council to repair, alter, and discontinue drains.

(1) Every Municipal Council shall maintain and, from time to time, repair and as it sees fit, enlarge, alter, arch over or otherwise improve all or any of the public drains, culverts, gutters, and watercourses, and may discontinue, close up, or destroy such of them it may deem useless or unnecessary, but so that no nuisance is created by such act.

(2) Where, by reason of the discontinuance, closing up, destruction or alteration of any drain, culvert, gutter or watercourse, any person is deprived of the lawful use thereof, the Council shall with due diligence provide an effective substitute therefor.

99. Power to affix to buildings ventilation of drains.

(1) The Council may cause such pipes and fittings as it may deem necessary for the proper ventilation of public drains to be fixed to the outside of any building.

(2) Such pipes and fittings shall be so constructed and fixed as to occasion the least possible inconvenience in the neighbourhood. The outlet of every such pipe shall be at least two feet above the eaves of the building to which it is affixed and at least ten feet distant from any window.

100. Cleansing and emptying of drains.

(1) Every Municipal Council shall cause all public drains, culverts, gutters, and watercourses to be so constructed, maintained, and kept as not to be a nuisance or injurious to health, and to be property cleared, cleansed, and emptied; and for the purpose of maintaining, flushing, trenching, and emptying the same, the Council may construct and place, either above or underground, such reservoirs, sluices, engines and other works as may be necessary.

(2) The Council may, with the sanction of the Minister, cause all or any of such drains, culverts, gutters, and watercourses to communicate with and be emptied into the sea or other fit place; or may cause the refuse from the same to be conveyed by a proper channel to the most convenient site for its deposit, and may sell or otherwise dispose of the said refuse for any agricultural or other purpose as may be deemed most expedient, but so that it shall not become a nuisance.

101. Obstruction of discharge of rain water and drainage.

Whenever a Municipal Council has by a resolution determined that any natural watercourse, channel, lake, swamp or any part thereof into which rain water or drainage has theretofore discharged shall remain open for the reception of such rain water or drainage, any person who, after receiving a written notice of the resolution from the Council, fills up or permits to remain filled up any such watercourse, channel, lake or swamp in such a manner as to obstruct or interfere with the free flow of such rain water or drainage, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees and in case of a continuing offence, to an additional fine not exceeding two hundred and fifty rupees for each day during which the offence is continued after a conviction thereof:

[S 101 am by s 13 of Act 39 of 1986.]

Provided that—

(a) such natural watercourse, channel, lake or swamp may be filled up if the owner thereof first provides such other channel or drain, as may, in the opinion of the Mayor, be sufficient and suitable for the reception and conveyance of such rain water or drainage; and

(b) the Council may contribute in part or in whole to the cost of providing such other channel or drain.

102. Obstruction of drains and water courses.

Every person who fills up or otherwise obstructs or interferes with the free flow in, any public drain or watercourse (whether the same be within any private premises or not) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees, and in case of a continuing offence, to an additional fine not exceeding one hundred rupees for each day during which the offence is continued after a conviction thereof.

[S 102 am by s 14 of Act 39 of 1986.]

103. Connection of drain with any public drain without authority.

(1) Every person who, without the written consent of the Council first obtained, connects or causes to be connected any drain directly or indirectly with any public drain or watercourse shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand rupees, and, in the case of a continuing offence to an additional fine not exceeding two hundred and fifty rupees for each day during which the offence is continued after a conviction thereof.

[S 103(1) am by s 15 of Act 39 of 1986.]

(2) The Council may cause any drain which is connected with any such public drain or watercourse without its consent or otherwise than in accordance with the provisions of this Ordinance or of any by-laws for the time being in force to be demolished, altered or otherwise brought into conformity with such provisions; and all the expenses incurred thereby shall be paid by the person who connected or caused such drain to be connected, and, in case of default, shall be recoverable as hereinafter provided.

104. Erection of building over public drains.

(1) Every person who erects or constructs or causes to be erected or constructed any building or works over any public drain, culvert, gutter, or watercourse without the written consent of the Council first obtained shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand rupees, and, in case of a continuing offence to an additional fine not exceeding two hundred and fifty rupees for each day during which the offence is continued after a conviction thereof.

[S 104(1) am by s 16 of Act 39 of 1986.]

(2) The Council may cause any building or work referred to in subsection (1) which is erected or constructed without its consent or otherwise than in accordance with the provisions of this Ordinance or of any by-laws for the time being in force to be demolished, altered or otherwise brought into conformity with such provisions; and the expenses thereby incurred shall be paid by the person who erected or constructed or caused the erection or construction of such building or work, and in case of default, shall be recoverable as hereinafter provided.

105. Construction, of private drains.

(1) All works connected with—

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

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

shall be carried out either by an officer of the Council or by a person licensed in that behalf by the Council at the cost and charge of the owners of the premises drained, and in accordance with the provisions of this Ordinance or of any by-laws for the time being in force:

Provided that the preceding provisions of this subsection shall not apply in the case of—

(i) any public drain or any appliance connected therewith; or

(ii) any drain situated solely on private premises and not being an underground drain or a drain connected to an underground drain.

(2) Every person who, not being an officer of the Council or a person licensed by the Council, carries out any work referred to in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand rupees.

[S 105(2) am by s 17 of Act 39 of 1986.]

(3) Where any work referred to in subsection (1) is carried out by any person (other than an officer of the Council or a person licensed by the Council) or otherwise than in accordance with the provisions of this Ordinance or of any by-laws for the time being in force, the Council may cause such work to be demolished, altered or otherwise brought into conformity with such provisions and the expenses thereby incurred shall, except in any case where the work was carried out by an officer of the Council, be paid by the owner of the premises on which the work was carried out and, in case of default, shall be recoverable as hereinafter provided.

(4) Any work carried out under the provisions of this section shall be open, at all reasonable times, to the inspection of the officers of the Council.

106. Drains in new buildings.

(1) Every person who erects or causes to be erected any new building, or rebuilds or causes to be rebuilt any building, shall cause such building to be provided with such drains and appliances as may in the opinion of the Council be necessary for the drainage of such building, and for the collection and removal of any sullage, foul liquids, rain water, or faecal matter therefrom in accordance with the provisions of this Ordinance and any by-laws for the time being in force.

(2) Every person who fails or neglects to provide such drains or appliances as aforesaid shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand five hundred rupees.

[S 106(2) am by s 18 of Act 39 of 1986.]

107. Drainage of premises within one hundred feet of public drains.

(1) Where any premises are within one hundred feet of any public drain or other fit place into which drains may lawfully be discharged, the Council may, by notice in writing, served on the owner of such premises, require such owner within such time as may be specified in the notice, to provide and execute to the satisfaction of the Council, in accordance with any by-laws for the time being in force, all or any of the following works that the Council may deem necessary for the effectual drainage of such premises, that is to say—

(a) to provide and construct such channels, drains, gullies, manholes, and appliances as may be necessary for the removal and discharge into such drain or other fit place of sullage, foul liquids and rain water;

(b) where a sufficient water supply is available, to provide and construct sufficient and suitable water-closets or additional water-closets and drains and other appliances in connection therewith, and to convert any earth closet, privy, cesspit, closet, or other latrine into a water-closet, or abolish any such earth closet, privy, cesspit, closet or other latrine;

(c) to reconstruct, take up, and remove or fill up any existing drain or appliance (other than any drain or appliance that has been laid with the sanction of the Council for the drainage of such premises on the water carriage system) that may be, in the opinion of the Council, unnecessary or in sanitary.

(2) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand rupees.

[S 107(2) am by s 19 of Act 39 of 1986.]

108. Drainage of premises in other cases.

(1) In the case of any premises which are more than one hundred feet, but less than two hundred feet, from any public drain or other fit place into which drains may lawfully be discharged, the Council may, by notice in writing served on the owner of such premises, require such owner within such time as may be specified in the notice, to provide and execute, in accordance with any by-laws for the time being in force, all or any of the works referred to in section 107.

(2) If in the opinion of the Council there is no suitable public drain or other fit place into which drains may lawfully be discharged within a reasonable distance of such premises, the Council may, by notice in writing served on the owner of such premises require the said owner, within such time as may be specified in the said notice, to provide and execute such other works and undertake such other measures as may in the opinion of the Council be best or necessary for the proper collection and disposal of the sullage and foul liquids, and the removal of faecal matter from such premises.

(3) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (1) or subsection (2) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 108(3) am by s 20 of Act 39 of 1986.]

109. Drainage in combination.

(1) Where it appears to the Council to be more economical or otherwise more advantageous that the drainage of a group of premises, whether contiguous or otherwise, should be undertaken as a whole rather than separately, the Council may cause to have drawn up a scheme for the drainage of such group of premises in accordance with the following provisions.

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

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

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

(c) an estimate of the cost of the work that is, in the opinion of the Council, necessary for carrying such scheme into effect;

(d) a provisional apportionment of such cost amongst the owners affected in such proportion as may seem to the Council to be most equitable having regard to the greater or less degree of benefit to be derived by the premises from any work so undertaken.

(3) The Council shall cause written notice in Sinhala, Tamil and English to be given to the owners of all the premises to be drained of the intention to cause the proposed works to be done in accordance with the provisions of this section, either by serving it upon them personally, or by leaving it at their respective residences or places of business, or by posting registered letters addressed to them at such residences or places of business.

(4) During one month from the date of service of such notice the above-mentioned particulars or certified copies thereof shall be kept deposited at the Municipal office and shall be open to inspection at all reasonable times.

(5) During the said month the owner of any such premises may, by written notice served on the Council, object to the proposals on any of the following grounds, that is to say—

(a) that the proposed works are insufficient or unnecessary or are not required in pursuance of this Ordinance;

(b) that the estimated cost of the work is excessive;

(c) that the provisional apportionment of such cost is incorrect in some matter of fact to be specified in the objection;

(d) that any premises should be excluded from or included in the proposals;

(e) that there has been some material informality, defect, or error in respect of the notices, plans, or estimates;

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

(6) The Council shall consider and determine the objections, and its decisions thereon shall be final.

(7) In any case where no such objections have been raised or in any case where such objections have been raised and have been determined by the Council, the Council may give orders for the drainage of the premises in accordance with the scheme, and if it considers expedient may—

(a) proceed to execute, by contract or otherwise, all or any of the work necessary for carrying into effect the scheme mentioned in subsection (1) of this section; or

(b) by notice in writing, require all or any of the owners to provide and execute, within such time as may be specified in the notice, all or any of the works that may be required to be done in or exclusively for the drainage of the premises.

(8) The Council may recover in equal proportions from the owners of all or any of the premises included in any scheme prepared under this section a reasonable sum as expenses for surveys and the preparation of plans.

(9) When the Council has completed the execution of any works under this section and the expenses thereof have been ascertained, a final apportionment shall be made in similar manner to the provisional apportionment, and the expenses recovered accordingly as herein provided.

(10) The cost of the maintenance of the system of drainage made under such scheme as aforesaid shall be borne equally by the owners of the premises affected by such scheme.

(11) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (7)(6) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 109(11) am by s 21 of Act 39 of 1986.]

110. Right to carry drains through land belonging to other persons.

(1) When it appears to the Council that the only or the best practicable means by which a drain required for the drainage of any premises can be emptied into any drain or other fit place into which drains may lawfully be discharged is by carrying the same into, through, or under any land belonging to some person other than the owner of the said premises, the Council, after giving the owner of the said land a reasonable opportunity of stating any objection, may, if no objection is raised, or if any objection which is raised appears to the Council invalid or insufficient, by an order in writing, authorise the owner of the said premises to carry his drain into, through, or under the said land in such manner as the Council shall think fit to allow.

(2) Every such order bearing the signature of the Mayor shall be complete authority to the person in, whose favour it is made, or to any agent or person employed by him for that purpose, after giving to the owner of the said land reasonable written notice of his intention so to do, to enter upon the said land with assistants and workmen at any time between sunrise and sunset and to execute the necessary work.

(3) Subject to the provisions of this Ordinance, the owner or occupier of any premises, or any agent or person employed by him for that purpose, may, after giving the owner of any land, wherein a drain has already been lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen at any time between sunrise and sunset for the purpose of repairing or cleansing such drain.

(4) In executing any work under this section as little damage as possible shall be done; and the owner or occupier of premises for the benefit of which the work is done shall—

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

(b) fill in, reinstate, and make good at his own cost the land broken up for the purpose of executing the said work; and

(c) pay compensation to any person who sustains damage by the execution of the said work.

(5) Every owner of land who refuses to permit or prevents without reasonable cause the execution of any work in accordance with the provisions of this section shall be guilty of an offence, and shall on conviction be liable to a fine not exceeding one thousand rupees; and every such owner who persists in such refusal or who continues to prevent the execution of such work after a conviction thereof shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding two hundred and fifty rupees for each day during which the offence is continued.

[S 110(5) am by s 22 of Act 39 of 1986.]

(6) When the owner of any land into, through, or under which a drain has been carried under this section while such land is up built upon, desires at any time afterwards to erect a building of, such land, the Council shall, by written notice, require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove, divert, reconstruct, or protect the same in such manner as may be approved by the Council and to fill in, make good, and reinstate the land:

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

(7) Every owner or occupier who refuses to comply with the requirements of any notice served on him under subsection (6) within a reasonable time, shall be guilty of an offence, and shall on conviction be liable to a fine not exceeding one thousand rupees.

[S 110(7) am by s 22 of Act 39 of 1986.]

111. Right of owners to joint use of drams.

(1) Where it appears to the Council that the only or the best practicable means by which a drain required for the drainage of any premises can be emptied into any drain or other fit place into which drains may lawfully be discharged is through a drain belonging to some person or persons other than the owner of the said premises, the Council after giving the said person or persons a reasonable opportunity of stating any objection thereto, may, if no objection is raised, or if any objection which is raised appears to the Council invalid or insufficient, by an order in writing, authorise the said owner to use the last-mentioned drain, or declare him to be a joint owner or one of the joint owners thereof, on such conditions as to the payment of rent or compensation, and as to connecting the drain of the said premises with such other drain as aforesaid, and as to the respective responsibilities of the parties for maintaining, flushing, cleansing, and emptying such last-mentioned drain or otherwise as may appear to the Council equitable.

(2) Every such order bearing the signature of the Mayor shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for that purpose, after fulfilling the conditions of the said order, and after giving to the owner or owners of the drain reasonable notice in writing of his intention so to do, to enter upon the land in which such drain is situated with assistants and workmen at any time between sunrise and sunset and, subject to the provisions of this Ordinance, to do all such things as may be necessary for—

(a) connecting the two drains;

(b) renewing, altering, or repairing the connection; and

(c) discharging any responsibility attaching to the person in whose favour the Council’s order is made for maintaining, flushing, cleansing, or emptying the drain or any part thereof.

(3) In executing any work under this section as little damage as possible shall be done, and the person in whose favour the Council’s order is made shall—

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

(b) fill in, reinstate, and make good at his own cost the land broken up, or repair and make good any damage to buildings occasioned by the execution of the said works; and

(c) pay compensation to any person who sustains damage by the execution of the said works.

(4) Every owner or occupier of any premises who refuses without reasonable cause, to permit, or prevents the execution of any works in accordance with the provisions of this section, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand rupees; and every such owner or occupier who persists in such refusal or who continues to prevent the execution of such work after a conviction thereof shall be guilty of a continuing offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty rupees for each day during which the offence is continued.

[S 111(4) am by s 23 of Act 39 of 1986.]

112. Maintenance and repair of drains.

(1) Every drain and every fixture or appliance connected therewith shall, from time to time, be repaired, flushed, cleansed, and cleared by the owner or occupier of the premises within which such drain may be situated.

(2) The Council may, by notice in writing served on the owner or occupier of such premises, require such owner or occupier within such time as may be specified in the notice, to repair, hush, cleanse, or clear such drain, fixture, or appliance.

(3) The Council may, if the requirements of such notice are not complied with, or if the Council receives an application from the said owner or occupier so to do, or if the Council deems immediate action necessary, repair, flush, cleanse, or clear such drain, fixture, or appliance, and the expenses incurred thereby shall be paid by the owner or the said occupier, and, in be recoverable as case of default, shall hereinafter provided.

(4) The owner of any premises in which drains, fixtures and appliances connected therewith are provided for the common use of the occupiers of such premises shall make such provision and take such measures as may be necessary for keeping such drains, fixtures, and appliances in a proper sanitary condition. Every such owner who, after due notice in writing in that behalf from the Council fails to make such provision or to take such measures as the Council may think fit, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 112(4) am by s 24 of Act 39 of 1986.]

(5) Where any drain, not being a drain vested in the Municipal Council, or any fixture or appliance is provided for the benefit of more premises than one, the Council may, in pursuance of the provisions of this section, by notice in writing, require the owners or occupiers of such premises, within such time as may be specified in the notice, to execute all or any of the works aforesaid, and the Council may either in default of compliance with the requirements of such notice, or without such notice if the Council deem necessary, execute all or any of such works and recover the expenses of so doing from the said owners or occupiers in such proportions as it may deem just.

(6) Every owner or occupier who fails or neglects to comply with the requirements of any notice served on him under subsection (2) or subsection (5) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 112(6) am by s 24 of Act 39 of 1986.]

113. Reconstruction of defective drains and appliances.

(1) Where, in the opinion of the Council—

(a) any drains or any fixtures and appliances connected therewith provided for the drainage of any premises are defective or in a condition injurious to health;

(b) any such drains or appliances are improperly connected to any public or other drain; or

(c) any such drains are not provided with proper and sufficient traps, gullies, ventilating shafts, inspection chambers, or other such appliances,

the Council may, by notice in writing, served on the owner or occupier of such premises, require such owner or occupier, within such time as may be specified in the notice, to re-lay, reconstruct, make good, disconnect, or abolish such defective or improper drains, connections, fixtures, and appliances, and provide sufficient and suitable drains, connections, fixtures, and appliances in accordance with the provisions of this Ordinance and of any by-laws made thereunder.

(2) Every owner or occupier who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the time specified in the notice shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one thousand rupees.

[S 113(2) am by s 25 of Act 39 of 1986.]

(3) For the purpose of determining whether any such drains, connections, fixtures, or appliances are defective or injurious to health or improperty connected to any public or other drain, the Council may order an inspection of the premises at any reasonable time, and the inspecting officer may enter the premises at any reasonable time (after giving due notice to the occupier) and, if necessary for the purpose of such inspection, may cause the ground to be opened wherever he may deem fit, doing as little damage as may be; and where such drains, connections, fixtures, or appliances are found to be in a satisfactory condition they shall forthwith be reinstated, and the ground made good at the expense of the Council.

114. Drains or appliances laid in streets.

The Council may permit any drain, manhole, inspection chamber, gully, ventilating shaft, or similar appliances required in pursuance of this Ordinance for the drainage of any premises to be constructed, laid, or fixed over, through, or under any street or public place:

Provided that such permission shall not be deemed to convey to the owner of the said premises any special rights whatsoever over the said street or public place; and the Council may at any time alter or reconstruct any portion of such drain or appliance as it may think necessary.

115. Entry of premises.

(1) Any person authorised in that behalf by the Council may, after giving due notice to the occupier, enter any premises between the hours of eight in the morning and five in the afternoon for the purpose of inspecting, flushing, clearing, repairing, or maintaining any drain, manhole, inspection chamber, gully, ventilating shaft or other appliance connected therewith:

Provided that no such notice need be given in any case, where the entry is made for the purpose of inspecting, flushing or maintaining any public drain, or for the purpose of inspecting any drain or other aforementioned appliance which the person authorised as aforesaid has reason to believe is the source of any nuisance.

(2) Every person who prevents or attempts to prevent the person authorised as aforesaid from entering any premises or refuses admittance thereto shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding five hundred rupees and every person who continues to prevent such entry or who persists in such refusal after a conviction thereof shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding two hundred and fifty rupees for each day during which the offence is continued.

[S 115(2) am by s 26 of Act 39 of 1986.]

116. New drains not to be used without permission.

(1) Every person who uses or causes or suffers to be used any new drain, gully, bathroom, water-closet, privy, urinal or other sanitary appliance provided in pursuance of this Ordinance without the written permission of the Council, or until the Council has given a certificate that such drain, gully, bathroom, water-closet, privy, urinal, or other sanitary appliance conforms in all respects to the provisions of this Ordinance and of any by-laws made thereunder, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding five hundred rupees; and every person who, after a conviction thereof, uses or causes or suffers to be used any sanitary appliance aforesaid without obtaining such certificate or permission, shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding two hundred and fifty rupees for each day during which the offence is continued.

[S 116(1) am by s 27 of Act 39 of 1986.]

(2) Any person making such new provision may apply in writing to the Council for such certificate, and thereupon the Council, after such inquiry as it may consider necessary, shall, within fourteen days of the receipt of the application, either grant the certificate, or inform the applicant of its refusal to do so, and of the grounds for such refusal.

117. Offences.

(1) No person shall discharge or cause or suffer to be discharged, without the sanction in writing of the Council, any sullage, foul liquids, or faecal matter into any drain or other place which is not suitable or intended to receive such discharge, or into any land or place in such a manner as to cause a nuisance, or willfully discharge or cause to be discharged any rain water into any drain which is intended to carry foul water.

(2) No person shall discharge or cause or suffer to be discharged into any drain any hot water, steam, or any liquid which would prejudicially affect the drain or the flow or the disposal of the sewage or water conveyed therein, or which would from its nature, temperature, or otherwise be likely to create a nuisance.

(3) No person shall drop, pass, or place, or cause or suffer to be dropped, passed, or placed, into or in any drain any brick, stone, earth, ashes or any substance or matter which such drain is not intended to receive, or which by reason of its amount or nature may be likely to cause such drain or any other drain connected therewith to be obstructed, or which may prejudicially affect any such drain or the flow therein or may be likely to create a nuisance.

(4) Without the written permission of the Council, no person shall in any way alter the fixing, disposition, or position of, or obstruct, remove, stop up, or change, any drain, ventilation pipe, closet, or other fitting or appliance connected therewith.

(5) No person shall erect, re-erect, or alter any building in such a manner as to cause any drain, closet, or appliance provided in or for the benefit of such building or of any other building within the same premises to contravene the provisions of this Ordinance or of any by-law made thereunder.

(6) Every person who contravenes any of the preceding provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees; and every person who continues such contravention after a conviction thereof shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding two hundred and fifty rupees for each day during which the offence is continued.

[S 117(6) am by s 28 of Act 39 of 1986.]

LATRINES

118. Construction of additional privies.

(1) Any case where the Council is of opinion that any privy, water-closet or bathroom, or additional privy, water-closet or bathroom should be attached to, or provided for, any house or building or land, the Council may, by notice in writing served on the owner of such house or building or land, require such owner, within thirty days from the service of the notice, to cause such privy, water-closet or bathroom to be constructed in accordance with the requisition contained in such notice.

(2) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the said period of thirty days shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 118(2) am by s 29 of Act 39 of 1986.]

119. Duty of employers of labour to provide privies.

(1) The Council may by notice in writing served on any person employing a large body of workmen or labourers, require such person to—

(a) provide within such time as may be specified in the notice such number of privies, water-closets and urinals as may seem to the Council necessary; and in any case where persons of both sexes are employed or intended to be employed or are in attendance, to provide proper separate accommodation for persons of each sex; and

(b) cause the same to be maintained in a sanitary condition and proper order.

(2) Where any person served with a notice under subsection (1) fails or neglects to provide and maintain such privies, water-closets, and urinals or to maintain the same in a sanitary condition or in proper order, the Council may cause such privies, water-closets and urinals to be constructed or to be maintained in a sanitary condition or in proper order, and the expenses incurred by the Council in respect thereof shall be paid by the person aforesaid, and, in case of default, shall be recoverable as hereinafter provided.

(3) Every person who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand rupees.

[S 119(3) am by s 30 of Act 39 of 1986.]

120. Neglecting to close cesspool.

(1) The Council may, by notice in writing, served on the owner or occupier of any house or building or land having a cesspool on the premises, require such owner or occupier within thirty days from the date of service of the notice, to close such cesspool and to substitute a privy or water-closet therefor.

(2) Every owner or occupier who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the said period of thirty days shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one thousand rupees.

[S 120(2) am by s 31 of Act 39 of 1986.]

121. Offences.

(1) No person shall injure or improperty foul, or suffer to be in a foul condition for want of proper cleansing, any privy, water-closet, or urinal or the approaches thereto, used in common by the occupiers of two or more separate dwelling houses, or by any other person or persons. Every person offending against the provisions of this subsection, or in the absence of proof satisfactory to the court as to which of the persons having the use in common of such privy, or urinal, or the approaches thereto as aforesaid is in default, each of such last-mentioned persons shall be deemed to have contravened the provisions of this subsection.

(2) Every person who contravenes any of the preceding provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees; and every person who continues such contravention after a conv iction thereof shall be guilty of a continuing offence and shall be liable on conviction to a fine not exceeding two hundred and fifty rupees for each day during which the offence is continued.

[S 121(2) am by s 32 of Act 39 of 1986.]

INSANITARY BUILDINGS

122. Duty of Council as to insanitary buildings.

It shall be the duty of the Council to cause to be made, from time to time, an inspection of every part of the Municipality with a view to securing that the houses or buildings in the Municipality are kept in such sanitary condition as is required by the provisions of this Ordinance or any other enactment, and to undertake all necessary measures to enforce such provisions within the Municipality.

123. Duty of Council as to existing buildings.

(1) Whenever the Council is satisfied that any buildings or blocks of buildings, whether existing at the date of the constitution of the Council or subsequently erected, are, by reason of the occurrence of an epidemic or of the manner in which such buildings are crowded together, or of the want of drainage or the impracticability of scavenging, attended with risk to the health of the inhabitants thereof or of the neighborhood, the Council shall serve a notice on the owners or occupiers thereof, or, at its option on the owner of the land on which such buildings are constructed, to execute within such time as may be specified in the notice, such operations including the alteration of such building as the Council may deem necessary for the avoidance of such risk.

(2) In any case where an owner or occupier served with a notice under subsection (1) refuses or neglects to execute such operations within the time specified in the notice, any officer authorised by the Council in that behalf may cause the buildings to be taken down, or such operations to be performed in respect thereof, as the Council may deem necessary to prevent such risk.

(3) Where any buildings are taken down under subsection (2), the Council or the authorised officer shall cause the materials of each building to be sold separately, if such sale can be effected, and the proceeds shall be paid to the owner of the building, or if the owner be unknown or the title disputed, shall be held in deposit by the Council until the person entitled thereto obtains the order of a competent court for the payment of such proceeds.

124. Overcrowding of houses.

Whenever it appears to the Council that any house is so overcrowded as to be dangerous or prejudicial to the health of the occupiers thereof, or of the neighborhood, and the occupiers consist of more than one family, the Council shall cause proceedings to be taken before a Magistrate or Municipal Magistrate to abate such overcrowding, and the Magistrate shall thereupon make such order as he may think fit; and each of the persons permitting such overcrowding shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred and fifty rupees for each day after the date of such order during which such overcrowding shall continue.

[S 124 am by s 33 of Act 39 of 1986.]

125. Power of Council to inspect and lime-wash houses.

It shall be lawful for any person authorised in that behalf by the Council at any time between sunrise and sunset to enter into and inspect any house or building, and by an order in writing to direct all or any part thereof to be forthwith internally and externally lime washed or otherwise cleaned; and if the owner or occupier of such house or building neglects to comply with such direction within seven days from the time when the order shall have been served upon him, the Council may cause the work to be done, and the expenses thereby incurred shall be paid by the owner, and, in case of default, shall be recoverable as hereinafter provided.

126. Houses or huts not to be built or roofed with cadjan without permission.

(1) In any Municipality it shall not be lawful for any person to erect or construct any house, hut, shed, or other building (whether to be used as a dwelling or as a stable or for any other purpose) having its external roof or walls made of grass, leaves, thatch, Cadjan, mats, or other such inflammable material, without first obtaining the permission of the Council.

(2) The permission given by the Council under subsection (1) shall in every case be subject to a specified time-limit and such conditions as it may impose in writing for the purpose of ensuring that such inflammable material as may be used for the roof or walls of the building to which the permission relates will be replaced at the earliest opportunity by such non-inflammable or durable material as may be approved by the Council.

(3) If any house, hut, shed, or other building of the description referred to in subsection (1) is built without the permission required by that subsection, the Council shall give notice to the owner thereof, or of the ground upon which such building is erected or constructed, or is being erected or constructed, by affixing a notice to some conspicuous part of such house, hut, shed, or other building, to take down and remove the building forthwith or within such time as the Council may specify in the notice.

(4) If any house, hut, shed, or other building is not taken down and removed forthwith or within the time specified in any notice under subsection (3), the Council shall cause the building to be taken down and removed, and the expenses incurred by the Council in doing so shall be paid by the owner of the building or of the ground upon which it is built, and, in case of default, shall be recoverable as hereinafter provided.

(5) Nothing in the preceding provisions of this section shall apply to any house, hut, shed, or other building which was erected or constructed before the date of the commencement of this Ordinance; and in the case of any such house, hut, shed or other building having its external roof or walls made of grass, leaves, thatch, cadjans, mats or other inflammable material, the Council may give notice to the owner thereof, or of the ground upon which such building stands, by affixing a notice to some conspicuous part of such house, hut, shed, or other building, to take down and remove the building forthwith or within such time as may be specified in the notice; and in the event of such building not being taken down and removed in compliance with the requirements of such notice the provisions of subsection (4) shall apply.

CONSTRUCTION OF BUILDINGS

127. Certificate of conformity with building by-laws.

(1) No building constructed after the date of the commencement of this Ordinance shall be occupied, except by a caretaker, until the Council has given a certificate that such building, as regards construction, drainage, and other respects conforms to the provisions of this Ordinance and to the by-laws made thereunder.

(2) Any person who has erected any building may apply in writing to the Council for such certificate, and thereupon the Council, after such inquiry as it may consider necessary, shall, within twenty-one days of the receipt of the application, either grant the certificate or inform the applicant of its refusal to do so and the grounds of such refusal.

(3) Every person who occupies or allows to be occupied any building in contravention of this section shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding two hundred and fifty rupees for each day during which the contravention continues.

[S 127(3) am by s 34 of Act 39 of 1986.]

128. Floor level of new building.

(1) No building within any Municipality shall be hereafter constructed having the ground floor at a lower level than one foot above the highest recorded flood at the site, or lower than such level as, in the opinion of the Council, will allow of the drainage from the premises being led into some public drain either existing or to be hereafter made, or other fit place into which the Council is empowered to empty drains.

(2) Every person who constructs any building in contravention of this section shall be guilty of an offence; and the Council may cause such building to be altered, pulled down, or otherwise dealt with as it may deem proper, and may recover the expenses thereby incurred from the owner of the building in the manner hereinafter provided.

CONSERVANCY AND SCAVENGING

129. Duty of Council as to conservancy scavenging.

It shall be the duty of the Council, so far as is reasonably practicable, to take all necessary measures in every part of the Municipality—

(a) for property sweeping and cleansing the streets, including the footways, and for collecting and removing all street refuse;

(b) for securing the due removal at proper periods of all house refuse, and the due cleansing any emptying at proper periods of all latrines and cesspits; and

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

130. All refuse collected to be property of council.

All street refuse, house refuse, night-soil, or other similar matter, collected in any Municipality under the provisions of this Part shall be the property of the Council, and the Council shall have full power to sell or dispose of all such matter and the money arising therefrom shall be paid to the credit of the Municipal Fund.

131. Places for disposal of refuse and keeping equipment.

The Council shall, from time to time, provide places convenient for the proper disposal of all street refuse, house refuse, night-soil, and similar matter removed in accordance with the provisions of this Part, and for keeping all vehicles, animals, implements, and other things required for that purpose or for any of the other purposes of this Ordinance, and shall take all such measures and precautions as may be necessary to ensure that no such refuse, night-soil, or similar matter removed in accordance with the provisions of this Part is disposed of in such a way as to cause a nuisance.

NUISANCES

132. Inspection of nuisances.

It shall be the duty of the Council to cause to be made, from time to time, an inspection of the Municipality with a view to ascertaining what nuisances exist calling for abatement under the powers conferred by this Ordinance or any other enactment, and to the enforcement of the provisions of this Ordinance or such other enactment in order to abate such nuisances.

133. Power to fill up unwholesome tanks on private premises.

(1) Where in any Municipality, any private tank or low marshy ground or any waste or stagnant water, situated on any private land, appears to the Council to be injurious to health or to be offensive to the neighborhood, the Council shall, by notice in writing, require the owner of that land to cleanse or fill up such tank or marshy ground, or to drain off or remove such waste or stagnant water.

(2) If any owner on whom a notice under subsection (1) is served refuses or neglects to comply with the notice within such period as may be specified therein, the Mayor or the officers and workmen of the Council may enter into the land and do all necessary acts for all or any of the purposes referred to in subsection (1), and the expenses incurred thereby shall be paid by the owner of the land, and, in case of default, shall be recoverable as hereinafter provided.

(3) Where the land referred to in subsection (2) is owned by more than one person, the expenses referred to in that subsection shall be apportioned among, and recoverable from, the several owners in such proportions as may be determined by the Council.

134. Nuisance by child.

Every person who, having the care or custody of any child under twelve years of age, omits to prevent such child from committing a nuisance in or by the side of any street, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred rupees.

[S 134 am by s 35 of Act 39 of 1986.]

135. Public bathing places.

(1) The Council may by public notice prohibit bathing or the washing of animals or clothes in any public place not set apart for the purpose, or at times or by persons other than those specified in the notice, and all other acts which may render water in public places foul or unfit for use, or may cause inconvenience or annoyance to persons using the bathing or washing places. Such notice shall be published in the Gazette and in two at least of the newspapers circulating within the Municipality.

(2) Every person who bathes, washes, or does any act contrary to such prohibition as aforesaid shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 135(2) am by s 36 of Act 39 of 1986.]

136. Pollution of streams which flow into reservoirs or waterworks.

Every person who bathes in, or washes any clothes or other things in, or causes or suffers any dirt, refuse, or impurity to flow into, or otherwise in any manner pollutes or contaminates any reservoir used for the purposes of the waterworks belonging to any Municipal Council, or any stream or watercourse whereof the water flows into or feeds any such reservoir, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding five hundred rupees, and, in case of a continuing offence, to an additional fine not exceeding one hundred rupees for each day during which the offence is continued after a conviction thereof or after service of a written notice from the Council directing attention to the offence.

[S 136 am by s 37 of Act 39 of 1986.]

136A. Pollution caused by factories.

(1) Any person who, within the administrative limits of any Municipal Council, operates or causes to be operated any factory which causes pollution so as to endanger or prejudice the health of the neighborhood, shall be guilty of an offence.

[S 136A(1) am by s 38 of Act 39 of 1986.]

(2) Where a Magistrate after summary inquiry convicts a person of an offence under subsection (1) he shall, depending on the degree of pollution caused by such factory, make order—

(a) that such person pay a fine equivalent to twice the fee payable for a licence issued under the provisions of this Ordinance or any by-law made thereunder, in respect of the premises on which that factory is situated notwithstanding that such amount exceeds the amount of fine which a Magistrate may impose in the exercise of his ordinary jurisdiction and the amount so recovered shall be paid into the Fund of the Council; or

(b) that operations in such factory shall cease.

For the purposes of this section, “pollution” means any direct or indirect alteration of the physical, thermal, chemical, biological or radioactive properties of any part of the environment by discharging, emitting or depositing wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety or welfare or to animals, birds, wildlife, fish or aquatic life, or to plants.

136B. Power of the Mayor in regard to trees or branches, trunks or fruits of trees endangering the safety of person or property.

(1) Where in any Municipal Council area any tree or any branch, trunk, fruit or other part of a tree is causing or is likely to cause damage to any building, or is in a condition dangerous to the occupants of any building, or to the safety of passersby along any public thoroughfare, the Mayor may, by a notice in writing served on the owner or occupier of the land on which such tree stands require such owner or occupier to tie up and make secure, or to cut down and remove such tree or the branch, trunk, fruit or other part of such tree within such time as may be specified in the notice.

(2) Every person on whom a notice is served under subsection (1), shall comply with the requirements of such notice within the time specified therein, and in the event of the refusal or neglect of such persons to comply with such requirements within such time, the Mayor or any officer or workman authorised in writing in that behalf by the Mayor, may enter upon the land referred to in such notice and do what such person was required to do by such notice, and the expenses thereby incurred may be recovered from such person as a debt due to the Council.

[S 136B subs by s 39 of Act 39 of 1986.]

INFECTIOUS DISEASES AND EPIDEMICS

137. Medical practitioners to report diseases.

(1) Every medical practitioner or person professing to treat disease who infectious attends to any person suffering from any of the following diseases, namely, smallpox, cholera, acute or choleric diarohoea, plague, typhoid or enteric fever, phthisis, simple continued fever of seven days’ duration or over, chicken pox, measles, scarlet fever, diphtheria or such other diseases as may be, from time to time, proclaimed under the regulations framed under the Quarantine and Prevention of Diseases Ordinance, shall within three hours of such attendance give information in writing to the medical officer of health stating the name, race, sex, and age of the diseased person, his residence, and the nature of his disease.

(2) The occupier of any building in which there is any person affected with any of the diseases mentioned in subsection (1) shall forthwith inform the medical officer of health, and the occupier and the person so affected shall furnish such officer with all the information regarding the affected person which he may reasonably demand, including full particulars of all places at which the affected person spent the nights during the fourteen days prior to such demand.

(3) Every person who fails to comply with any of the requirements of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand rupees, or to imprisonment of either description for a term not exceeding six months or to both such fine and such imprisonment.

[S 137(3) am by s 40 of Act 39 of 1986.]

138. Search of premises and segregation of persons.

(1) It shall be lawful for any person authorised in that behalf by the Council, the medical officer of health or any sanitary officer acting on the written orders of the medical officer of health, to enter at any time without notice any dwelling place or premises for the purpose of searching for cases of infectious diseases.

(2) It shall be lawful for any person authorised as aforesaid or the medical officer of health to cause persons diseased or suspected to be affected with any disease mentioned in the regulations made under section 2 of the Quarantine and Prevention of Diseases Ordinance, to be removed to some, public hospital or other place provided by the Council, or to any place selected by such person which the person authorised as aforesaid or the medical officer of health considers suitable—

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

(b) from any house or place of public resort;

(c) from any building in which there are no means of isolating such person from the other inmates; or

(d) from any building where the retention of such person is likely to prove a source of danger to others.

(3) Any person authorised as aforesaid or the medical officer of health may, in any case where a person is affected with any of the said diseases in any such house or place as is mentioned in subsection (2)(a), allow such person to remain there on condition that the sale of goods from such house or place is discontinued until such person or the medical officer of health has given permission in writing to resume such sale.

(4) Any person authorised as aforesaid or the medical officer of health may cause any person who is found in any infected locality, or who has come from any place where disease exists, to be removed to a place of observation set apart for the purpose, or to be kept under surveillance for such period as such person or the medical officer of health may direct.

139. Penalty for disposal of infected articles.

Every person who gives, lends, sells, transmits, or otherwise disposes of any article or thing which he has reason to know has been exposed to infection without first disinfecting such article or other thing to the satisfaction of the medical officer of health shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees:

[S 139 am by s 41 of Act 39 of 1986.]

Provided that nothing in the preceding provisions of this section shall be deemed to apply to a person who transmits with proper precautions any article or thing for the purpose of having the same disinfected in a place approved by the Council for the purpose.

140. Penalty for exposure of infected persons.

(1) Every person suffering from an infectious disease who, without proper precaution against spreading such disease, causes himself to be conveyed in a public conveyance, and, every person in charge of or accompanying a patient so conveyed, and every person knowing himself to be suffering from any infectious disease who enters a public conveyance without previously notifying to the owner or driver that he is so suffering shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding five hundred rupees, and to an additional fine of such amount as the Magistrate or Municipal Magistrate may deem sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting such conveyance.

[S 140(1) am by s 42 of Act 39 of 1986.]

(2) The amount of any additional fine imposed under subsection (1) shall be awarded by the Magistrate or Municipal Magistrate, subject to the provisions of the Code of Criminal Procedure Act, to the owner or driver of the said conveyance.

(3) No owner or driver of a public conveyance shall be required to convey any person suffering from any infectious disease without payment or tender of a sum sufficient to cover such loss and costs as aforesaid, anything in any enactment relating to public conveyances for the time being in force to the contrary notwithstanding.

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

141. Penalty for letting infected rooms.

Every person who knowingly lets a house or other building, or part of a house or building, in which any person has been suffering from any infectious disease, without having such house or other building or part thereof, and all articles therein liable to retain infection, disinfected to the satisfaction of a registered medical practitioner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand rupees. For the purposes of this section, a hotel or lodging-house keeper shall be deemed to let part of his house to any person admitted as a guest into his hotel or lodging-house.

[S 141 am by s 43 of Act 39 of 1986.]

142. Appointment of special officer.

In the event of any epidemic or any unusual mortality prevailing within a. Municipality, the Minister may appoint a special officer for the purpose of investigating the causes of such epidemic or mortality, and of advising the Council and the Minister as to the sanitary measures to be taken.

143. Salary of special officer.

The appointment of a Special officer under section 142 may be made, from time to time, for such period not exceeding twelve months as the Minister may deem necessary. Such officer shall be paid out of the Municipal Fund such salary as may be fixed by the Minister.

144. Powers of special officer.

Every special officer appointed under section 142 or any health officer shall, during his employment, have all the powers of entry and inspection given to the Council or any officer of the Council by this Ordinance.

OFFENSIVE AND DANGEROUS TRADES

145. Slaughterhouses.

(1) No place shall be used as a slaughterhouse within a Municipality unless a licence in writing for the use thereof as a slaughterhouse has been obtained from the Council. The Council is hereby empowered, at its discretion, from time to time, to grant such licence, and such licence to suspend or revoke, as to the Council may seem necessary.

(2) Every person who, within the Municipality, uses as a slaughterhouse any place which is not so licensed shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding two thousand rupees, and, in the case of a continuing offence, to an additional fine not exceeding five hundred rupees for each day during which the offence is continued after notice has been given by the Council to discontinue such use.

[S 145(2) am by s 3 of Act 61 of 1981.]

146. Penalty for using slaughterhouses during suspension or revocation of licence.

(1) Every person who during the period for which any licence granted under section 145 is suspended, or after the licence is revoked as aforesaid, slaughters any animal, or allows any animal to be slaughtered in the slaughterhouse to which such licence relates, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand rupees, and to an additional fine not exceeding one thousand rupees for each day on which any animal is slaughtered or allowed to be slaughtered therein after notice has been given by the Council to discontinue the slaughter of animals therein.

[S 146(1) am by s 4 of Act 61 of 1981.]

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

147. Licensing of offensive and dangerous trades and places.

(1) No place shall be used within any Municipality for any of the following purposes, namely, for boiling offal or blood, or as a soap-house, oil-boiling-house, dyeing-house, tannery, brick, pottery or lime kiln, sago manufactory, gunpowder manufactory, manufactory of fireworks, or other manufactory or place of business from which either offensive or unwholesome smells arise, or for any purposes which are calculated to be dangerous to life, or as a yard or depot for hay, straw, wood, coal, cotton, bones, or inflammable oil, or for any other trade or business which the Council may, by means of by-laws, declare to be an offensive or dangerous trade or business for the purposes of this section, except under a licence from the Council, which is hereby empowered, at its discretion, from time to time, to grant such licences, and to impose such terms therein as to the Council may appear expedient.

(2) No licence for any of the purposes mentioned in subsection (1) shall be given within the administrative limits of the Council under section 5 of the Nuisances Ordinance.

(3) Every person who without a licence as aforesaid uses any place within the Municipality for any of the purposes mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand rupees, and, in case of a continuing offence, to an additional fine not exceeding five hundred rupees for each day during which the said offence is continued after a conviction thereof.

[S 147(3) am by s 5 of Act 61 of 1981.]

148. Suspension or revocation of licence.

(1) It shall be lawful for the Council to suspend or revoke any licence granted under section 147 it appears to the Council to be necessary to do so:

Provided, however, that where the licence is suspended or revoked, except on the ground that the owner has violated the licence or any of the terms thereof, the Council shall be liable to make compensation to the owner for the loss to which he has been subjected by reason of the suspension or revocation.

(2) Every person who uses or permits to be used any place for any purpose mentioned in subsection (1) of section 147 after he is given notice that his licence has been suspended or revoked shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding two thousand rupees for each day after such notice during which such place is so used.

[S 148(2) am by s 6 of Act 61 of 1981.]

148A. Closure order by-Magistrate.

(1) Where a person convicted by any court for the offence of using any premises for any trade or business without a licence issued in that behalf under this Ordinance or under any by-law made thereunder, continues to use such premises without a licence for such trade or business, whether by himself or by any other person on his behalf, a Magistrate may, upon an application for a closure order made by the Mayor. Commissioner or any officer authorised in that behalf by such Mayor or Commissioner, as the case may be, order the closure of such trade or business at such premises, until such time such person obtains a licence from the Council.

(2) In any proceedings under subsection (1), a certificate issued by the Mayor, Commissioner or any officer authorised in that behalf by such Mayor or Commissioner, as the case may be, setting out that the person mentioned in the certificate, continues to use such premises without obtaining a licence for any trade or business shall be prima facie evidence of the matters stated therein.

(3) In any case where such person fails to comply with the closure order issued under subsection (1) the Magistrate shall forthwith order the Fiscal of the court requiring and authorising such Fiscal before a date specified in such order not being a date earlier than three or later than seven clear days from the date of issue of such order, to close any trade or business at such premises. Such order shall be sufficient authority for the said Fiscal or any police officer authorised by him in that behalf, to enter the premises with such assistants as the Fiscal or such officer shall deem necessary to close any such trade or business at such premises.

[S 148A ins by s 7 of Act 61 of 1981.]

MISCELLANEOUS

149. Default of owners or occupiers.

(1) Where any owner or occupier neglects to comply with the requirements of any notice served on him in pursuance of any of the preceding provisions of this Part within the time specified in such notice, or if no time is so specified, then, within a reasonable time, the Council may cause the required works to be executed, and the expenses thereof shall be recovered from the said owner or occupier as provided in this Ordinance.

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

(a) by notice in writing, require such person, within a reasonable time to be specified in the notice, to undertake such works as may be necessary to abate such contravention; or

(b) without such notice, if it deems necessary, or if such person fails to comply with such notice within a reasonable time, undertake such works and recover the cost of so doing from such person in the manner provided in this Ordinance.

(3) Where any drain, not being a drain vested in the Council, and any fixture or appliance in connection therewith, is provided for the benefit of more premises than one the owners or occupiers of such premises shall, for the purpose of this Part, and in so far as the Council may in any particular case think fit, be deemed to be the joint owners or users of such drain, fixture, or appliance, and jointly liable for any contravention of any provision of this Ordinance and for any expenses that the Council may legally recover in pursuance thereof; and the Council may recover such expenses in such proportion as it may deem just.

150. Work may be executed by Council.

At the written request of the owner or occupier of any premises in which works are required to be done in pursuance of this Ordinance, it shall be lawful for the Council, if it sees fit, and under such conditions as it may determine, to cause all or any of such works to be done by contract or otherwise, and the estimated expenses or the actual expenses, as the case may be, thereof may be recovered in advance or otherwise in the manner provided in this Ordinance.

151. Inclusion of commission in expenses.

Where, in pursuance of the preceding provisions of this Part, the Council has executed any work on behalf of any person whether in default of compliance with any notice or otherwise, and the expenses thereof are recoverable from such person, the Council may include in such expenses a reasonable commission for surveys, plans, superintendence, and establishment expenses.

152. Recovery of expenses by installments.

(1) Where, in pursuance of the preceding provisions of this Part, the Council has executed, by contract or otherwise, any works required in connection with the installation or improvement of a drainage system on or for any premises, and the amount of the expenses thereof are recoverable from the owner of such premises, the Council may recover such expenses in the manner provided in this Ordinance:

Provided that if such owner gives notice in writing, within fourteen days of notice by the Council of completion of the work, of his desire to pay the amount of such expenses by quarterly installments, the Council shall recover the amount of such expenses by quarterly installments sufficient to defray the whole amount within a period not exceeding fifteen years, together with interest at such rate as the Council may, from time to time, by resolution determine.

(2) The expenses referred to in subsection (1) shall co-equality with the Municipal rates, be a first charge on the premises in respect of which the same are incurred or made, and shall be paid to the Council by the owner of such premises and his successors in title, and the installments thereof as they fall due shall be recoverable from the present or future owner of the premises in the same manner as rates or taxes may be recovered, but there shall be no remission of such installments or any part thereof in cases of non-tenancy of the said premises. The first installment of such payments shall become due and shall be paid on the first day of the quarter following that in which the work is completed.

153. Register of expenses.

The Council shall keep at the Municipal office a register of all expenses incurred and recoverable under section 152 and shall show in such register the total amounts so incurred and recoverable, the installments in which the same are payable, and the balances for the time being outstanding. Such register shall be open at all reasonable times to the inspection of any person on payment to the Council of a fee of twenty-five cents for every such inspection.

154. Loans for private works.

The execution of any work the expenses of which are recoverable and may be recovered as provided in section 152 shall be deemed to be a purpose for which a Municipal Council may borrow money under section 191, and the provisions of Part X and of any regulations made thereunder shall apply accordingly:

Provided that any money so borrowed shall not be taken into account for the purpose of the application of section 192.

154A. Payment of incentives.

(1) A Municipal Council shall appoint a Committee consisting of not less than six Councilors for the purpose of preparing a scheme as regards the maintenance of residential premises and for making recommendations for the payment of an incentive to occupiers of such premises who qualify for such payment.

(2) The Committee in preparing a scheme under subsection (1) and in making any recommendation for payment of an incentive to an occupier of any residential premises shall take into consideration—

(a) that the residential premises are well maintained and in good repair and in a clean and sanitary condition; and

(b) that the street including the pavement, and all surface drains as fronts, adjoins or abuts such premises are clean and kept free of any waste material.

(3) The Committee may enter and inspect any residential premises with the consent of the occupier and ascertain any information from the occupier of such premises at all reasonable hours of the day for the purpose of making their recommendations.

[S 154A ins by s 8 of Act 61 of 1981.]

PART VII

MARKETS AND SALE OF ARTICLES

155. Provision of markets and charging of rents and fees.

A Municipal Council may, from time to time, as occasion requires, provide places within the Municipality for the purpose of being used as public markets, and may charge such rents, tolls and fees as to it may seem fit for the use of, or the right to 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 the Commissioner from the persons liable to pay the same, as if the amounts payable in respect thereof were taxes due under this Ordinance.

[S 155 am by s 7 of Act 48 of 1971.]

156. Expulsion of persons breaking by-laws and determination of lease.

The Council may—

(a) expel or cause to be expelled from any public market any person who, or whose servant, is convicted of a breach of any by-law made under this Ordinance in relation to markets;

(b) prevent such person by himself or his servants from further carrying on any trade or business in such market or occupying any stall, shop, or other place therein; and

(c) determine any lease or tenure which such person may have in any such stall, shop, or other place within the market.

157. Sale, lease, and closure of markets.

A Municipal Council may, subject to the provisions of paragraph (f) of subsection (1) of section 40, sell, or let to tenants on tease or otherwise, on such terms as it may think fit, any public market or any part thereof, and may close any such market or part thereof.

158. Penalty for selling in market without permission.

Every person who, without the permission of the Council, sells or exposes for sale any article within a public market, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.

[S 158 am by s 44 of Act 39 of 1986.]

159. Street sales.

The Council may, from time to time, by notification in the Gazette, prohibit the sale, or exposure for sale, of any articles in or upon any specified public street or part of 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 any such street in contravention of the notification, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding two hundred rupees.

[S 159 am by s 45 of Act 39 of 1986.]

160. Unwholesome provisions.

(1) The medical officer of health or any person authorised generally or specially by the Council in writing for that purpose, may at all reasonable times enter into and inspect any place used for the sale of articles of human food or drink or any place used for keeping or storing any such articles which are intended for sale, and may examine any such articles which are found therein.

(2) Any such article which, on such examination, appears to such officer or person to be unfit for human food or drink may be seized by him.

(3) Every officer or person seizing any article under subsection (2) shall cause such article to be produced forthwith before a Magistrate.

(4) Where the Magistrate finds that the article so seized is unfit for human food or drink, he shall order the same to be destroyed or so disposed of as to prevent it from being exposed for sale or used for food or drink;

and the owner thereof, or the person in whose possession the same was found, shall be liable to be convicted of an offence under section 266 of the Penal Code.

(5) Where the Magistrate finds that the article so seized was fit for human food or drink, he may make an order upon the Council to return such article, or such portion thereof as may be in good condition, to the owner, or to the person in whose possession such article was found, and to pay such owner or person such reasonable amount as the Magistrate considers will compensate such owner or person for any loss or depreciation that may have been caused by such seizure.

PART VIII

OFFICERS AND SERVANTS

THE MUNICIPAL MAGISTRATE

161. Appointment of Municipal Magistrate.

There shall be a Municipal Magistrate appointed to each Municipality, and the Magistrate having jurisdiction within such Municipality may be appointed to be Municipal Magistrate, in addition to his own duties.

162. Municipal Magistrate may be appointed to be Additional Magistrate.

Where a Municipal Magistrate has been appointed for any Municipality, other than the Magistrate having jurisdiction therein, such Municipal Magistrate may be appointed to be an Additional Magistrate, in addition to his own duties.

163. The jurisdiction of the Municipal Magistrate.

(1) A Municipal Magistrate shall hear, try, and determine any offences committed within the Municipality under this Ordinance or under any by-laws, rules or regulations made thereunder, and also any offences under any of the enactments mentioned in the first column of the following tabular statement which are shown in the second column thereof as triable by a Municipal Magistrate, and shall have jurisdiction to award such punishment to the offender as is authorised by law—

OFFENCES TRIABLE BY MUNICIPAL MAGISTRATES

Short title of enactment

Offence triable by Municipal Magistrate—

The Auctioneers and Brokers Ordinance

Any offence under the Ordinance

The Boats Ordinance

Any offence under the Ordinance

The Brothels Ordinance

Any offence under the Ordinance

The Bread Ordinance

Any offence under the Ordinance

The Butchers Ordinance

Any offence under the Ordinance

The Cemeteries and Burials Ordinance

Any offence under the Ordinance

The Census Ordinance

Any offence under the Ordinance

The Contagious Diseases Ordinance

Any offence under the Ordinance

The Contagious Diseases (Animals) Ordinance

Any offence under the Ordinance

The Excise Ordinance

Any offence under the Ordinance

The Gaming Ordinance

Any offence under the Ordinance

The Gas Meter Ordinance

Any offence under the Ordinance

The Motor Traffic Act

Any offence under the Act

The Nuisances Ordinance

Any offence under the Ordinance

The Penal Code Sections 257, 258, 259

 

The Police Ordinance

Any offence under the Ordinance

The Prevention of Cruelty to Animals Ordinance

Any offence under the Ordinance

The Quarries Ordinance, 1889

Any offence under the Ordinance

The Rabies Ordinance

Any offence under the Ordinance

The State Lands Ordinance

Any offence under Part VIII of the Ordinance

The Surveyors Ordinance

Any offence under the Ordinance

The Thoroughfares Ordinance

Any offence under the Ordinance

The Tolls Ordinance

Any offence under the Ordinance

The Vaccination Ordinance

Any offence under the Ordinance

The Vagrants Ordinance

Any offence under the Ordinance

The Vehicles Ordinance

Any offence under the Ordinance

The Weights and Measures Ordinance

Any offence under the Ordinance

The Wells and Pits Ordinance

Any offence under the Ordinance

3The Food and Drugs Act Any offence under the Act

The Medical Ordinance

Offences under section 54 of the Ordinance

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

164. Additional Municipal Magistrate.

There may, from time to time, be appointed an Additional Municipal Magistrate for any Municipality; and every Additional Municipal Magistrate shall, as regards offences committed within the Municipality, have the same powers and jurisdiction as a Municipal Magistrate.

165. Payment for services of Magistrate who is appointed Municipal Magistrate in addition to his own duties.

Where the Magistrate having jurisdiction within any Municipality is appointed to be Municipal Magistrate for such Municipality in addition to his own duties, the Municipal Council shall, out of the Municipal Fund, pay to the Deputy Secretary to the Treasury in respect of the services of the said Magistrate as Municipal Magistrate such sum as may, from time to time, be fixed by the Minister in charge of the subject of Justice with the concurrence of the Minister in charge of the subject of Finance.

166. Allowances, status, rights, salary and pension of Municipal Magistrate and payment of expenses.

(1) Where any person other than the Magistrate having jurisdiction in any area within which a Municipality is situated is appointed Municipal Magistrate for the Municipality or where a person is appointed to act temporarily as Municipal Magistrate, such Municipal Magistrate shall—

(a) by reason of such appointment become an officer of the Government of Sri Lanka and shall for the purposes of the Widows’ and Orphans’ Pension Fund Ordinance, and for all other purposes be deemed to be a public officer; and

(b) be paid by the Deputy Secretary to the Treasury such salary as may be voted for that purpose by Parliament and such passage and other allowances as would ordinarily be payable to an officer of the Government of Sri Lanka in receipt of that salary;

and the Municipal Council shall—

(i) refund to the Deputy Secretary to the Treasury all disbursements by way of such salary and allowances made to or in respect of such Municipal Magistrate, and

(ii) if such Municipal Magistrate is granted a pension or gratuity on retirement or otherwise, or if upon his death any gratuity is granted to any of his dependents, in respect of his services as an officer of the Government of Sri Lanka, pay the whole of such pension or gratuity to the Deputy Secretary to the Treasury, or such portion thereof as may be certified by the Secretary to the Treasury to have been granted to him in respect of his services as such Municipal Magistrate.

(2) —

(a) Where any such Municipal Magistrate as is referred to in subsection (1) is granted leave of absence, an officer may be appointed to act temporarily as Municipal Magistrate in his place and during his absence.

(b) Such acting officer shall be paid by the Deputy Secretary to the Treasury such salary and allowances as the Minister in charge of the subject of Justice with the concurrence of the Minister in charge of the subject of Finance may direct, and the Municipal Council shall, in addition to the amount for which it may be liable under subsection (1)(b), refund to the Deputy Secretary to the Treasury all disbursements made as salary or allowances to such officer during the period of his appointment:

Provided that the total of the sum which the Municipal Council shall be liable so to refund shall not be greater than the amount for which it may be liable under subsection (1)(a)(i) during the said period.

(3) The expenses incurred in the establishment and maintenance of the court of any Municipal Magistrate referred to in subsection (1) shall be paid out of the Consolidated Fund and shall be refunded to the Consolidated Fund by the Council.

167. Oath to be taken by the Municipal Magistrate.

Every Municipal Magistrate shall, before commencing to exercise the functions of his office, take and subscribe the oath of allegiance and office in the form set out in the First Schedule, and such oath shall be enrolled in the court of such Municipal Magistrate, and the copy of such enrolment shall be forthwith transmitted to the Registrar of the Supreme Court to be filed of record in that court.

168. Procedure in Municipal Court.

All proceedings before a Municipal Magistrate shall be conducted and governed by the rules, forms, and procedure prescribed for and observed by Magistrates’ Courts, and, subject to the provisions of this Ordinance, no appeal shall lie from any judgment or order of a Municipal Magistrate, except as provided for by the Code of Criminal Procedure Act, or by any other law for the time being in force, in respect of appeals from any judgment or order of a Magistrate’s Court.

169. Stamp duties in proceedings in Municipal Court.

The provisions of any enactment time being in force relating to the stamp duties chargeable in respect of proceedings in Magistrates’ Courts shall apply to proceedings in the court of a Municipal Magistrate.

OFFICERS AND SERVANTS OF THE COUNCIL

170. The Municipal Commissioner.

(1) There shall be a Municipal Commissioner for each Municipal Council. The Municipal Commissioner shall, next to the Mayor, be the chief executive officer of the Council and all other officers and servants shall be subordinate to him.

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

(3) The Commissioner, in the exercise and performance of the powers, duties and functions delegated to him under this Ordinance, 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 the Mayor, in cases of extreme urgency, when there will not be sufficient time to call a special meeting of the Council.

(4) In the event of the vacation of the office of both the Mayor and the Deputy of Mayor by death or resignation or for any other cause, then during the period intervening between the vacation of office of the Deputy Mayor and the election of a new Mayor the Commissioner may exercise, perform and discharge all the rights, privileges, powers, duties and functions vested in or conferred or imposed on the Mayor by this Ordinance or any other written law.

[S 170(4) subs by s 104 of Law 24 of 1977.]

171. Delegation of Commissioner’s powers.

(1) The Commissioner may, with the consent of the Council, by general or special order in writing, delegate to any officer of the Council any of the powers, duties or functions conferred or imposed upon, or vested in or delegated to him as Commissioner by this Ordinance or any other written law.

(2) The exercise, discharge or performance by any officer of the Council of any power, function or duty delegated to him by order of the Commissioner shall be subject to such conditions and restrictions, and limited to such purpose or purposes, as may be specified in the order; and any such delegation may at any time be varied or cancelled by order of the Commissioner.

172. Commissioner to have custody of books.

The Commissioner shall be responsible for the custody of all books, deeds, contracts, accounts, vouchers and other documents and papers of the Council and shall permit any Councilor to inspect or peruse the same in the Municipal office.

173. Limitation of powers.

The exercise, discharge or performance by any officer of the Council of any power, function or duty delegated to him by resolution of the Council shall be subject to such conditions and restrictions, and limited to such purpose or purposes, as may be specified in the resolution; and such delegation may at any time be varied or cancelled by resolution of the Council.

174. Charity Commissioner.

(1) A Municipal Council may, at any time, by resolution create the office of Charity Commissioner of the Council.

(2) The duties of the Charity Commissioner may be defined by the Council and may include, inter alia

(a) the giving of assistance and advice to existing charitable societies or institutions for the purpose of preventing waste of effort and extending the activities of such societies or institutions, and generally for such other purposes as may be necessary;

(b) the making of reports to the Council as to the expenditure of contributions made by the Council to any such societies or institutions;

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

(d) the consideration of applications for relief and the direction of applicants to the most appropriate society or institution; and

(e) the keeping of records or registers of applicants for relief or persons in search of employment.

175. Executive posts and executive officers.

(1) A Municipal Council may, by resolution, declare the posts or offices in the service of the Council which are to be deemed to be executive posts. The holders for the time being of such posts and the Charity Commissioner, if any, of the Council shall, together with the Municipal Commissioner, be deemed to be executive officers of the Council.

(2) The executive officers of the Council shall exercise and perform all the powers, duties and functions, conferred or imposed upon, or vested in, or delegated to them under this Ordinance or any other written law.

176. Government servants as executive officers.

The salary, allowances and conditions of service of any executive officer of a Municipal Council, being an officer whose services are lent by the Government to the Council, shall be determined by the Minister after consultation with the Council, and such salary and allowances shall be paid to such officer by the Council. The Council shall further pay to the Government such contribution as may be required by the Government in respect of the pension, leave, pay and other privileges, which would have accrued to the officer if he had not been employed in the service of the Council.

177. Power of Commissioner to make appointments and promotions.

Notwithstanding anything in any other written law, the Commissioner may, if so authorised by the Council, from time, appoint or promote any person to any post or office in the service of the Council (other than a post in the Local Government Service)4 the initial salary of which does not exceed such sum as may be specified in the resolution of the Council whereby such authority is delegated to the Commissioner.

178. Acting appointments.

Every person who is appointed to act in the place of any officer or servant of a Municipal Council, during the absence or temporary incapacity of such officer or servant, or during any vacancy, shall exercise, perform and discharge all the powers, duties and functions conferred or imposed upon, or vested in, or delegated to such officer or servant, and shall be subject to the same liabilities, restrictions and conditions of service as the said officer or servant and shall, where such acting appointment is made in pursuance of the powers conferred by this Ordinance, receive such salary and allowances as the Council may determine.

179. Disqualifications for appointment to any post or office in the service of the Council.

No person who—

(a) has directly or indirectly any concern or interest in any contract or work made with or executed for a Municipal Council, or is a shareholder, director, secretary, manager or other officer of a joint stock company which has any such concern or interest; or

(b) is acting professionally in relation to any matter on behalf of any person having any such concern or interest,

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

180. Officers and servants not to be interested in contracts of Council.

Any officer or servant of a Municipal Council who has directly or indirectly any concern or interest in any contract or work made with or executed for the Council shall be liable to dismissal from his office or employment; and if his concern or interest is otherwise than as a shareholder in a Joint stock company he shall be guilty of an offence and shall, upon conviction after summary trial before a Magistrate, be liable to a fine not exceeding five thousand rupees.

[S 180 am by s 46 of Act 39 of 1986.]

181. Suspension, punishment, and dismissal of officers and servants.

Any officer or servant of a Municipal Council (other than a member of the Local Government service), may be suspended or dismissed, or fined or reduced in status, or any increment to his salary may be withheld for any specified period for any breach of departmental rules or discipline or for carelessness, incompetence, neglect of duty or other misconduct—

(a) by the Council, if such officer or servant receives a salary exceeding one hundred rupees a month; and

(b) by the Mayor, if such officer or servant receives a salary not exceeding one hundred rupees a month.

182. Leave of absence.

(1) Subject to the provisions of subsection (2), leave of absence may be-granted to any officer or servant of a Municipal Council (other than a member of the Local Government service) in accordance with by-laws made by the Council for that purpose under the provisions of section 272 of this Ordinance.

(2) Where an officer or servant of a Municipal Council is an officer or servant whose services are lent by the Government to the Council, leave of absence may be granted to him by the Secretary to the Ministry, after consulting the Council, upon the same terms and conditions as those upon which leave of absence would be granted to him under the Financial Regulations of the Government.

183. Provident fund.

(1) A Municipal Council may establish and maintain a provident fund for the benefit of any of its servants who are not members of the Local Government service, make contributions out of the Municipal Fund to that fund, regulate the management and investment thereof, fix the contributions to be made thereto by, and the payments to be made therefrom to, such servants and make all such by-laws as may be necessary in that behalf.

(2) Notwithstanding that a Municipal Council is not empowered by this section to grant or make rules for granting pensions, annuities or retiring allowances to officers or servants of the Council or to the widows, children, next of kin and dependents of any such officer or servant, any rules made by the Council in relation to the matters aforesaid under any repealed enactment shall continue in force for the purposes of the application of sections 57 and 58 of the Local Government Service Ordinance5 and no further.

184. Ex gratia payment of pension, annuity, gratuity, or retiring allowance.

(1) A Municipal Council may, with the approval of the Minister given after consultation with the Minister in charge of the subject of Public Administration, grant out of the Municipal Fund—

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

(b) to any person who, not being a citizen of Sri Lanka, ceases or has ceased to be an officer or a servant of that Council by reason of his inability to continue to remain in Sri Lanka, owing to the expiry of the period for which he has been authorised under the Immigrants and Emigrants Act to remain in Sri Lanka,

a pension, gratuity, or retiring allowance in respect of any period of that service, and of service in any business or undertaking taken over by the Council prior to his becoming an officer or servant of the Council, for which no pension, gratuity, or retiring allowance, or no adequate pension, gratuity, or retiring allowance, is payable under any by-laws or rules of that Council or under any pension scheme established or deemed to be established under the Local Government Service Law.

[S 184(1) am by s 2 of Act 39 of 1958.]

Any such officer or servant to whom a pension is granted under the preceding provisions of this subsection may. at his option which shall be exercised within such period as may be determined by the Council, be paid, in lieu of such pension, a pension at the rate of three-fourths of such pension, together with a gratuity equal to ten times the annual value of the reduction so made in such pension.

[Ins by s 3 of Act 15 of 1957.]

(1A) Where no pension, annuity or gratuity or no adequate pension, annuity or gratuity is payable to the widow, children, next of kin or dependents of any deceased officer or servant of the Council under any by-laws or rules of that Council or under any scheme or fund established under the Local Government Service Ordinance, the Council may, with the approval of the Minister given after consultation with the Minister in charge of the subject of Public Administration, grant out of the Municipal Fund to such widow, children, next of kin or dependents a pension, annuity or gratuity.

[S 184(1A) ins by s 3 of Act 15 of 1957.]

(2) Nothing in subsection (1) or subsection (1A) shall be deemed or construed to confer on any person any right to any pension, annuity, gratuity or retiring allowance under either of those subsections.

[S 184(2) am by s 3 of Act 15 of 1957.]

184A. Power to establish gratuity scheme.

(1) A Municipal Council may, with the approval of the Minister given with the concurrence of the Minister in charge of the subject of Public Administration, make rules providing for the establishment of, and may establish in accordance with such rules, a scheme for the payment of gratuities to temporary officers and servants of that Council upon their discontinuance from the service of that Council.

(2) Rules under subsection (1) may be so made by a Municipal Council as to be applicable to temporary officers and servants of that Council who have been discontinued from the service of that Council before the coming into operation of the rules.

[S 184A ins by s 4 of Act 15 of 1957.]

184B. Power of grant full pension to members of the Local Government Service and others who had exercised option of commutation of pension.

Any member of the Local Government Service or any other person not being a member of that Service employed by a Municipal Council, who retires or has retired from such service and who exercises or has exercised the option of commutation of his pension, may, with effect from the date following the expiry of a period of ten years from the date of his retirement or from February 1, 1977, whichever date is the later, be paid by that Council, the full pension which would have been paid to him had he not exercised such option:

[S 184B am by s 2 of Act 18 of 1979.]

Provided, however, that in a case where the date following the expiry of the period of ten years falls on a date later than the first day of a month, the date of commencement of such pension shall be the first day of the following month.

[Proviso am by s 2 of Act 18 of 1979.]

In this section, “member of the Local Government Service” means member of the Local Government Service constituted by—

(a) the Local Government Service Ordinance, No. 43 of 1945;6 or

(b) the Local Government Service Act, No. 18 of 1969;7 or

(c) the Local Government Service Law.

[S 184B ins by s 2 of Law 5 of 1975.]

PART IX

THE MUNICIPAL FUND

185. Municipal Fund and its constituents.

(1) Every Municipal Council for its general financial purposes shall establish a Municipal Fund.

(2) There shall be payable into the Municipal Fund—

(a) all rates, taxes, duties, fees and other charges levied by the Council by virtue of this Ordinance or of any other written law;

(b) all fines levied and penalties recovered under the authority of this Ordinance or under any enactments specified in the tabular statement in section 163 or in respect of any offence to which the President extends the jurisdiction of the Municipal Magistrate;

(c) the amount of all stamp duties and fees specified in the Second Schedule;

(d) all sums realised by sales, leases or other transactions of the Council;

(e) all revenue derived by the Council from any property vested in the Council, or by the administration of any public service;

(f) all sums and all sources of revenue, from time to time, appropriated or made over to the Council by Parliament, whether by resolution or otherwise;

(g) subject to any special appropriation made by the Minister, all grants allocated to the Council by the Minister;

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

186. Moneys received by the council to be lodged with the bank.

All moneys received by a Municipal Council and payable into the received by the Municipal Fund shall be lodged with an approved bank, and shall be credited to an account entitled “the Municipal Fund”.

In this section “approved bank” means a bank specified by the Minister by Order published in the Gazette as a bank in which the moneys of any Municipal Council, Urban Council or Town Council may be deposited.

187. Power to invest any part of the Municipal Fund.

Any part of the Municipal Fund may be invested by a Municipal Council in any one or more of the following securities and in no others—

(a) stock or other securities of the Government of Sri Lanka;

(b) debentures issued by the State Mortgage and Investment Bank;

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

188. Application of Municipal Fund.

(1) There shall be paid out of the Municipal Fund established by each Municipal Council—

(a) all sums payable by the Council in respect of any liability incurred under the Workmen’s Compensation Ordinance;

(b) all sums payable by the Council as premium for the insurance of any property belonging to or vested in the Council, or for insurance against any liability that may be incurred by the Council under the Workmen’s Compensation Ordinance;

(c) all sums which the Council is authorised or required to refund by or under this Ordinance or any other written law;

(d) all expenses incurred by the Council in the construction, maintenance, extension and alteration of streets, bridges, causeways and the like; the acquisition of land necessary for any of these purposes, the lighting of public streets, places and buildings; the regulation of traffic, and the prevention and removal of obstructions in public streets or places; the naming of streets, the numbering of houses, the planting of trees in streets and the erection and maintenance of shelters in streets for the use of passengers by omnibus; the regulation of buildings, the removal of undue projections, and the control, supervision and removal of dangerous places, buildings, trades and practices;

(e) all expenses incurred by the Council in the construction, maintenance, supervision, and control of markets, bathing and washing places, quarantine and disinfecting stations, segregation camps, hospitals, cattle marts and slaughterhouses, latrines, privies, urinals, drains and sewerage, drainage works and other works connected therewith; any form of public vehicular service including tramways; waterworks, drinking fountains, tanks, wells, parks and gardens; the reclamation of unhealthy localities, and other sanitary measures of a like nature; and the acquisition of land required for any of the above-mentioned purposes;

(ee) all sums voted by the Council to defray the cost of refreshments served to Councillors, officers and servants of the Council attending any meeting of the Council or any Committee of the Council;

[S 188(1)(ee) ins by s 5 of Act 15 of 1957.]

(f) all expenses incurred by the Council in the establishment and maintenance of housing schemes in general and in particular, the acquisition, construction, maintenance, enlargement, improvement, alteration, repair, operation, management, and letting of dwellings, for the use of the working classes, and of any buildings for the use or convenience of the inhabitants of such dwellings, and the doing of any act or thing necessary or expedient to facilitate any such undertaking, and the acquisition of land or buildings for any such purpose;

(g) all expenses incurred by the Council for the cleaning and watering of streets and drains, scavenging; the removal of night-soil and excessive or noxious vegetation; and generally the abatement of all nuisances;

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

(i) all expenses incurred by the Council in the establishment and maintenance of Municipal services, the construction, purchase, and maintenance of all buildings required in order to give effect to the purposes of this Ordinance, the survey of houses and lands, and all other works, matters, and services necessary for or conducive to public safety, health, or convenience;

(j) all expenses incurred by the Council in the establishment and maintenance of maternity and child-welfare services, the training of midwives for the purposes of any maternity service established by the Council, and charities or measures for the relief of distress caused by rain, floods, fire, earthquake, famine, or epidemics;

[S 188(1)(j) subs by s 3 of Act 19 of 1987.]

(jj) all contributions voted by the council for the promotion of religion and culture, including contributions made towards the cost of organisation of religious ceremonies and festivals. the maintenance of Dhamma schools and Sasana Rakshaka Mandalayas, the establishment of cultural centres, the organisation of literary and cultural festivals, the publication of books of literary and cultural value and the award of prizes to artists, authors and craftsmen; and

[S 188(1)(jj) ins by s 3 of Act 19 of 1987.]

(k) all contributions voted by the Council for the purposes of recreation or entertainment in the Municipality or towards the support of any law library established within the Municipality, or for the relief of the poor, the rehabilitation and care of, destitute persons or physically, mentally or socially handicapped persons or the support of any charitable or benevolent society or institution, or for any fund or scheme constituted or established for the purpose of granting relief or assistance to officers or servants of the Council in cases of sickness, indebtedness or distress;

[S 188(1)(k) am by s 3 of Act 19 of 1987.]

(l) such contributions not exceeding in the aggregate ten thousand rupees in any year as may be voted by the Council towards the cost of any public ceremonies, and any other contributions voted by the Council, with the prior sanction in writing of the Minister, towards the cost of any such ceremonies;

(m) all sums allocated by the Council to the Mayor to be expended at his discretion on civic receptions or the celebration or observance of any event or occasion of public interest;

(mm) all allowances payable to the Mayor, Deputy Mayor and Councilors at such rates as may be prescribed by regulations made under section 289;

[S 188(1)(mm) ins by s 105 of Law 24 of 1977.]

(n) all expenses incurred by the Council in the maintenance of a fire brigade, and the protection of life and property from fire;

(nn) all expenses incurred by the council in the installation and maintenance of official telephone facilities to the residence of the Councilors;

[S 188(1)(nn) ins by s 47 of Act 39 of 1986.]

(o) all expenses incurred by the Council in the establishment and maintenance of any form of public service which the Council is authorised to establish, maintain or provide by or under this Ordinance or any other written law;

(p) the expenses incurred by the Council in the establishment and maintenance of public libraries within the Municipality;

(pp) all sums as may be set apart by the Council to pay as incentives to the occupiers of premises under section 154A;

[S 188(1)(pp) ins by s 9 of Act 61 of 1981.]

(q) all expenses incurred by or on behalf of the Municipal Commissioner in the exercise of his powers and the performance of his duties as a local authority under the Petroleum Ordinance;

(r) all expenses incurred by the Council or by the Mayor or the Commissioner or any officer of the Council on behalf of the Council in the exercise of its or his powers and the discharge of its or his functions and duties under this Ordinance or any other written law or any by-law, rule or regulation made thereunder; and

(s) all sums which are required or authorised to be paid out of the fund by or under this Ordinance or any other written law.

[S 188(1)(r) am by s 8 of Act 48 of 1971.]

(2) The Minister may sanction any expenditure not authorised by the terms of paragraph (1) of subsection (1) which may be or may have been in good faith incurred by mistake or inadvertence in supposed pursuance of that paragraph.

(3) The Municipal Council of Colombo shall pay annually, out of the Municipal Fund, to the Committee of the Colombo Law Library a sum of one thousand five hundred rupees.

189. Orders, cheques for payment out of the fund.

All cheques and orders for the payment of moneys out of the Municipal Fund shall be signed by two officers authorized by the Council other than the Mayor and the Bank in which the Municipal Fund is established may pay all cheques or orders out of the said Fund which are so signed.

[S 189 subs by s 6 of Act 21 of 2012.]

190. Statement of receipts, disbursements, on account of the Fund.

At each general meeting of a Municipal Council, the Mayor shall submit to the Council a statement of receipts and disbursements on account of the Municipal Fund from the close of the previous year up to the close of the month preceding that in which the meeting lakes place. Such statement, together with the minutes of the proceedings of the meeting, shall be forwarded forthwith to the Commissioner of Local Government, and shall be published in the Gazette.

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