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 Repealed.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 Repealed.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 Repealed.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.

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—

(a) such number of elected Councillors as determined by the Minister by Order made under section 3c of the Local Authorities Elections Ordinance; and

(b) such number of other Councillors not exceeding thirty per centum of the total number of elected Councillors as determined by the Minister by Order made under section 3c of the Local Authorities Elections Ordinance, to be returned as Councillors under section 65a of that Ordinance, to represent those electors who have not secured any representation in the Council, at the election held for the election of Councillors.

(2) Where the number constituting thirty 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 thirty per centum, for the purpose of that subsection.

[S 5 subs by s 2 of Act 21 of 2012.]

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

[S 5 subs by s 94 of Law 24 of 1977.]

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.

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