URBAN COUNCILS ORDINANCE

Arrangement of Sections

1. Short title.

PART I

Constitution of urban councils

Areas for which urban councils are constituted

2. Power to declare towns and to define their administrative limits.

3. Urban Council to be constituted for each town.

4. Functions of Urban Councils.

5. Composition of Urban Councils.

6. Repealed.

7. First general election of members.

8. Arrangements preliminary to constitution of Urban Councils.

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

10. Term of office of members elected at the first and each subsequent general election.

11. Subsequent general elections.

12. Refusal, resignation or vacation of office.

13. Repealed.

Alteration of limits of towns and number of members

14. Power of Minister to vary the limits of the town and the number of members, and to dissolve and replace Council.

15. Repealed.

16. New Urban Council to be existing Council.

17. Repealed.

18. Repealed.

Meetings and Proceedings

19. Chairman and Vice-chairman.

20. Repealed.

21. Repealed.

22. Repealed.

23. Chairman and Vice-Chairman to be Justices of the Peace and official Magistrates.

24. Presidency at meetings.

25. Meetings of the Council how and when convened.

26. Powers of Council to be vested in the majority Quorum.

27. Appointment, powers and duties of secretary.

28. Minutes of proceedings of Council to be entered in a book.

29. Committees.

30. Acts of Council not to be invalidated, by vacancies or absence of members.

PART II

Status, Powers and Duties of Urban Councils

31. Urban Council to be Corporation.

General Powers and Duties

32. Lands vested in Urban Council.

33. Method of vesting, administration of such lands.

34. Other property vested in the Council.

34A. Control and erection of monuments.

34B. Naming of Public Parks.

35. General duties.

36. General Powers.

36A. Powers of the Minister in respect of commercial and industrial enterprises.

37. Power to authorise surveys.

38. Contracts.

39. Consent of Council.

40. Advertisement for tenders.

41. Acquisition of lands or buildings for general public purposes.

42. Compulsory acquisition of lands and buildings.

43. Power of Urban Council to act as trustee for any public purpose.

PART III

Powers and Duties as to Thoroughfares

44. Urban Council to be the general authority for thoroughfares and communications.

45. General powers of Council with regard to thoroughfares and open spaces.

46. Thoroughfares vested in Urban Council.

47. Prescription.

48. Language of notices and how served.

49. Control of roads and paths in charge of minor local authority.

50. Power of Urban Council to construct new, and improve existing thoroughfares.

51. Acquisition of lands required for diversions or enlargements.

52. Gifts of land required for diversion or enlargement of thoroughfares.

53. Power to dispose off discontinued street.

54. Power to take land adjoining new street for building diverting, widening, opening or enlarging purposes.

55. Other powers of an Urban Council.

55A. Naming of streets.

56. Roads for benefit of individual property owners.

57. Power to construct and maintain tramways.

58. Agreement with promoters for construction of tram ways.

59. Public vehicular communications.

60. Houses in a ruinous and dangerous state.

61. Failure to comply with notice.

62. Sale of materials of ruinous houses.

Maintenance and Repair of Thoroughfares

63. Proper officers empowered to enter upon land for repair of throughfare.

64. Power to take materials.

65. Power to erect buildings and keep cattle.

66. Power to throw rubbish upon adjacent lands.

67. Power to make temporary road.

68. Power to cut trees.

69. Power to put up fences.

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

71. Power to lay stones.

Building along Thoroughfares

72. Notice of intended building along a thoroughfare.

73. Erection of temporary fences and enclosures.

74. Building limits along roads.

75. Power of Minister to modify building limit.

76. Condition to be attached to all licences under section 74.

77. Power of Urban Council to deal with building, boundary wall or gateway erected or re-erected in contravention of Ordinance.

78. Principles of assessing compensation in respect of land developed by building.

79. Power of Urban Council to acquire adjacent land for owner of land within building limit.

Obstructions to Thoroughfares

80. Power to demand production of title deeds.

81. Demand of production of deed to include power of examination.

82. Power to make survey of premises.

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

84. Removal of obstructions or encroachments.

Injuries to thoroughfares

85. Destroying milestone, bridge.

86. Using new road for certain time after making.

87. Owner or occupier bound to have bridge over drain leading to his house.

88. Allowing trees to grow in such a way as to injure thoroughfares.

89. Damage to thoroughfare through clearing, draining, or opening up neighbouring land.

Nuisances on thoroughfares

90. Offences.

91. Seizure of stray cattle.

92. Interference with cattle seizers or pig seizers.

Special User of Thoroughfares

93. Power of Urban Council to authorise the user of public thoroughfares for special purposes.

94. —

95. Expenses caused by extraordinary traffic.

Powers, duties and responsibilities of officers

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

97. Survey by proper officer to be conclusive evidence.

98. Compensation for injury to property by authorised officers.

99. Arbitration.

100. Officers and contractors leaving stones on thoroughfares by night.

101. Road officer or road contractor not liable to fine except in certain cases.

102. Police officers and Grama Seva Niladharis to enforce provisions of this Part.

PART IV

Powers and duties as to public health

Public health

103. Urban Council to be the Public Health Authority.

Drainage

104. Urban Council to make public drains.

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

106. Penalty for making unauthorised drains into public drains.

107. Building over drains not to be erected without consent of Urban Council.

108. General control of drains.

109. Obstruction of discharge of rain water and drainage.

Latrines

110. Duty of council as to latrine accommodation.

111. Council may order or cause additional latrines to be constructed.

112. Council may cause persons employing men to provide and maintain latrine or latrines.

113. Neglecting to enclose private latrine.

114. General control of latrines.

115. Penalty for persons making or altering latrines contrary to the directions or by-laws of Urban Council.

116. Inspection of latrines.

117. Power of Urban Council to direct removal of latrine or closure of cesspit.

Conservancy and Scavenging

118. Duty of Council as to conservancy and scavenging.

119. All refuse collection to be the property of Council.

120. Places for disposal of refuse and for keeping equipment.

InSanitary Buildings

121. Duty of Council as to insanitary buildings.

122. Power of Council as to existing buildings.

123. Overcrowding of houses.

124. Power of Council to inspect and lime wash houses.

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

Nuisances

126. Inspection of nuisances.

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

127A. Nuisance by child.

127B. Public bathing places.

127C. Pollution of streams which flow into reservoirs or waterworks.

127D. Pollution caused by factories.

127E. Power of Chairman of an Urban Council in regard to trees or branches, trunks or fruits of trees endangering the safety of person property.

128. Licensing of slaughterhouses.

128A. Closure order by Magistrate.

PART V

Public Utility Services

129. Power of Urban Council to establish and maintain Public Utility Services.

130. Manner of defraying expenses of Public Utility Services.

131. Supply to premises in adjacent areas.

132. General powers of Council.

Water Supply

133. Ratepayer entitled to free water supply from public stand-pipes for domestic purposes.

134. Meaning of “domestic purposes”.

135. Contract for private service.

Markets

136. Duty of Council as to markets.

137. Licensing of new private markets.

138. Licensing of existing private markets.

139. Licence to be annual and subject to stamp duty.

140. New private markets to conform to prescribed standards.

141. Cleaning and scavenging of markets.

142. New private markets to acquire no vested interests.

143. Power of Chairman to refuse new license.

144. Refusal of licences to existing private markets.

145. Special provisions with regard to markets established over thirty years.

146. Power to license market provisionally.

147. Compensation for discontinuance of private market.

148. Vesting of village markets in Urban Council.

149. Transfer of markets.

150. Power to suspend licence of private markets.

151. Penalty for keeping unauthorised market.

152. Market areas.

PART VI

By-Laws

153. Power of Council to make by-laws.

153A. Power to compound offences.

154. Approval and publication of by-laws.

155. Supply of copies of by-laws.

156. By-laws to be subject to disallowance or amendment.

157. Subjects of by-laws.

PART VII

Finance

Local fund

158. Local fund and its constituents.

159. Application of local fund.

159A. Ex-gratia payment of pension, annuity, gratuity or retiring allowance.

159B. Power to establish gratuity scheme.

Imposition of Rates and Taxes

160. Power to impose and levy rates.

161. Exemption from rates.

162. Power of Council to impose taxes and licence duties.

163. Vehicles and animals tax.

164. Licence duty.

165. By-laws relating to taxes.

165A. Tax on certain trades.

165AA. Determination of duty or tax where several trades are carried on.

165B. Tax on businesses and professions.

165C. Tax on undeveloped land.

165D. Tax on certain sales of land.

Assessment and Recovery of Rates and Taxes

166. Assessment of rates and taxes.

167. Power of Chairman to require returns.

168. Power of Chairman to summon persons before him.

169. Chairman’s powers of inspection.

170. Recovery of rates and taxes.

170A. Recovery of payments due to the Urban Council.

171. Waiver of sums due to the Council.

172. Assessment not to be impeached for want of form.

Loans

173. Power of Urban Council to borrow on the security of loan raised and taxes.

174. Limitation of borrowing powers.

174A. When Chairman may exercise powers of Council relating to raising of loans.

175. Form of security.

Accounts, Estimates and Budget

176. Books of accounts to be kept by Council.

177. Preparation and publication of annual accounts.

178. Budget.

178A. Chairman’s powers with regard to budget.

178B. Transitional Provision

179. Variation of expenditure proposed in budget.

180. Annual administration report.

Audit

181. Audit.

182. Recovery of surcharges.

183. Appeal and enforcement of surcharges.

PART VIII

Central Control

184. Removal of Chairman and dissolution of Urban Council.

184A. Secretary to exercise powers of Council, Chairman and Vice-Chairman in certain cases.

185. Inquiries.

186. Cost of inquiries and proceedings.

187. Power to make inquiry as to default in duty by Urban Councils.

188. Power to give and enforce order requiring Council to do necessary work.

189. Power to direct loan to be raised.

190. Power to certify expenses.

191. Power of Local Loans Commissioners to advance loan.

192. Recovery of principal and interest from the Council.

193. Power to make general rules of procedure.

194. Approval of rules.

195. Power to make recommendations as to policy.

196. Power to inspect books of Urban Councils.

197. Power of Commissioner and authorised officers.

198. Annual report of Commissioner on affairs of each Urban Council.

199. Annual budgets to be submitted to the Commissioner.

200. Power to exercise control over budget of Urban Council.

201. Annual report.

202. Determination of disputes.

203. Power to extend time.

204. Delegation of powers to Commissioner.

PART IX

General Recovery of Charges and Expenses

205. Power of Urban Council on default made by owner or occupier to execute works and recover expenses.

206. Power to levy charges on occupier, who may deduct the same from his rent.

207. Occupiers not to be liable to more than the amount of rent due.

208. Occupier in default of owner may execute works and deduct expenses from rent.

209. Obstruction by occupiers.

209A. Payment of incentives.

210. Remedy if neither the owner nor occupier pays expenses.

211. Determination and recovery of damages costs.

212. Recovery of damages.

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

Payment of Compensation

214. Council may make compensation out of local fund.

215. Determination and payment of compensation.

Procedure and Legal Proceedings

216. Service of notices.

217. Notices may be given or received by secretary or any other officer authorised thereto.

218. Offences to be tried by Magistrate.

219. Limitation of prosecutions.

220. No action to be instituted against Council until after one month’s notice, nor after six months cause of action.

221. Protection of Council and its officers.

222. Relief against formalities.

Powers and Responsibilities of Officers

223. Delegation of powers of Chairman to officers of Council.

224. Power of Council to grant general authorities to its officers.

225. Punishment for obstructing officers of Council.

226. Penalty for misuse of power by officers of Council.

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

228. Officers and servants of Urban Council to be public servants.

229. Repealed.

PART X

Repeal, Application of Existing Laws, Transitional Arrangements and Miscellaneous Provisions

230. Repeal.

231. Construction and application of existing laws.

232. No further roads to be constructed under Branch Roads Ordinance or Estate Roads Ordinance.

233. Adaptation of Branch Roads Ordinance and Estate Roads Ordinance.

234. On imposition of new taxation, contributions under Estate and Branch Roads Ordinances to cease.

235. Consequences of imposition of new tax in areas under operation of Village Councils Ordinance.

236. Urban Councils to be local authorities.

237. Saving for existing securities and discharge of debts.

238. Proclamations, orders, rules, notifications continued in force.

239. Saving for pending actions, contracts.

240. Officers and servants.

241. Adjustment of salaries.

242. Power of authorised Urban Council to apply retrospectively by-laws for the grant of pensions to dependants of deceased officers or servants.

243. Abolition of offices.

244. Rates and assessments.

245. Equitable adjustment of property, debts on transfer.

246. Omitted.

247. Adjustment of questions not provided for.

248. Power to exclude application of specified provisions of Ordinance within specified limits.

249. Interpretation.

SCHEDULES

61 of 1939,

14 of 1940,

3 of 1942,

16 of 1942,

51 of 1942,

5 of 1943,

37 of 1943,

36 of 1944,

37 of 1945,

31 of 1946,

37 of 1946,

53 of 1946,

57 of 1946,

4 of 1975,

18 of 1977,

24 of 1977,

9 of 1950,

12 of 1951,

39 of 1951,

8 of 1952,

25 of 1952,

38 of 1953,

22 of 1955,

2 of 1957,

14 of 1958,

7 of 1959,

1 of 1961,

9 of 1961,

39 of 1961,

2 of 1967,

42 of 1968,

4 of 1969,

48 of 1971,

13 of 1979,

42 of 1979,

57 of 1979,

10 of 1981,

61 of 1981,

5 of 1983,

13 of 1983,

31 of 1983,

48 of 1983,

48 of 1984,

20 of 1985,

39 of 1986,

18 of 1987,

21 of 2012,

35 of 2014;

21 of 2017.

AN ORDINANCE to make provision for the establishment of urban councils for the purposes of local government in Sri Lanka.

[Date of Commencement: 1st January, 1940]

1. Short title.

This Ordinance may be cited as the Urban Councils Ordinance.

PART I

Constitution of urban councils Areas for which urban councils are constituted

2. Power to declare towns and to define their administrative limits.

(1) The Minister may, by Order published in the Gazette, declare any area, which by reason of its development or its amenities is urban in character, to be a town for the purposes of this Ordinance, and may define the administrative limits of the town so declared. The Minister may, by the same or any subsequent Order, assign a name and designation to the Urban Council to be constituted under this Ordinance for the town so declared.

[S 2(1) am by s 30 of Act 48 of 1971.]

(2) A declaration under subsection (1) may be made by the Minister in respect of two or more areas jointly, notwithstanding that such areas are not contiguous; and the areas in respect of which any such declaration is made shall accordingly be deemed to constitute jointly one single town for all the purposes of this Ordinance.

3. Urban Council to be constituted for each town.

An Urban Council in accordance with the provisions of this Ordinance shall be constituted for every urban area declared to be a town by Order under section 2.

4. Functions of Urban Councils.

The Urban Council constituted for each town 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 town, 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 town.

5. Composition of Urban Councils.

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

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

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

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

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

[S 5 subs by s 2 of Act 21 of 2017.]

6. …

[S 6 rep by s 118 of Law 24 of 1977.]

7. First general election of members.

Where an Urban Council is to be constituted for any town under this Ordinance, a general election in accordance with the provisions of written law for the time being applicable in that behalf shall be held for the purpose of electing the first members of the Council.

8. Arrangements preliminary to constitution of Urban Councils.

For the purposes of any preliminary arrangements in connection with the constitution of any Urban 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 such purposes as if it had been embodied in this Ordinance.

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

The term of office of an Urban Council to be constituted for any town 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 duly constituted on that date, notwithstanding that the full number of members prescribed under section 5 may not have been duly elected.

10. Term of office of members elected at the first and each subsequent general election.

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

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

(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 65 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 expires 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 month.

[S 10(2) subs by s 65 of Act 39 of 1986.]

11. Subsequent general elections.

Where the term of office of the members elected at the first or any subsequent general election of the members of an Urban Council is due to expire under section 10, a general election in accordance with the provisions of written law for the time being applicable in that behalf shall be held for the purposes of electing new members in place of such members.

12. Refusal, resignation or vacation of office.

(1) Where any person who is elected as a member of an Urban Council decides for any reason not to serve as a member there, he may relinquish the office—

(a) by a written communication of his refusal of office to the elections officer of the district in which the town for which the Council is constituted is situated, at any time before the date fixed for the first meeting of the Council to be held after his election, or

(b) by a written communication of his resignation of office to such elections officer, either directly or through the Chairman, at any time after such first meeting.

(2) Any member of an Urban Council who is absent without leave of the Council for more than three consecutive ordinary meetings of the Council shall ipso facto vacate his office.

(3) If any person elected as a member of an Urban Council refuses or resigns his office, or dies, or vacates the office under subsection (2), or if a casual vacancy occurs in any other manner in such office, such office shall be filled in accordance with the provisions of section 66A of the Local Authorities Elections Ordinance and the persons so elected shall hold office until the next succeeding general election of the members of that Council.

[S 12(3) subs by s 119 of Law 24 of 1977; am by s 9 of Act 21 of 2012.]

13. …

[S 13 rep by s 120 of Law 24 of 1977.]

Alteration of limits of towns and number of members

[Subs by s 121 of Law 24 of 1977.]

14. Power of Minister to vary the limits of the town and the number of members, and to dissolve and replace Council.

The Minister may at any time by Order published in the Gazette

(a) vary the limits of any town;

[S 14(a) subs by s 122 of Law 24 of 1977.]

(b) vary the number of members prescribed for any Urban Council;

(c) dissolve any existing Urban Council and direct that it shall be replaced by a new Urban Council to be constituted in lieu of such existing Council, whenever it appears to him to be expedient to do so upon any variation of the limits of the town for which the existing Council was constituted;

(d) dissolve any Urban Council for the purpose of constituting any other local authority in its place.

15. …

[S 15 rep by s 123 of Law 24 of 1977.]

16. New Urban Council to be existing Council.

Where any new Urban Council is constituted under section 14 in lieu of any Urban Council which is dissolved—

(a) the new Council shall, from the date of the constitution thereof, be the successor of the dissolved Council for all purposes relating to the town or any part of the town for which the dissolved Council was constituted, in so far as such town or part of such town is concluded within the administrative limits of the town for which the new Council is constituted;

(b) all the property of such dissolved Council situated within the administrative limits of the new Council, and all the rights, powers, duties, debts, liabilities, and obligations of such dissolved Council in so far as the same relate to any area within the administrative limits of the new Council, shall, as from the date of the constitution of the new Council, be deemed to be transferred to the new Council;

(c) all references in any enactment, or in any Order, rule, regulation, or bylaw made thereunder, or any document or instrument executed or issued in pursuance thereof, to such dissolved Council, shall, for the purpose of any area within the administrative limits of such dissolved Council which shall be included in the administrative limits of the new Council, be construed as though they were references to the new Council;

(d) all the provisions of sections 236 to 245 shall apply to the case of the constitution of the new Council, in the same manner as if all references to any local authority or authorities in such sections were references to the dissolved Council.

17. …

[S 17 rep by s 124 of Law 24 of 1977.]

18. …

[S 17 rep by s 124 of Law 24 of 1977.]

Meetings and Proceedings

19. Chairman and Vice-chairman.

(1) There shall be a Chairman and a Vice-Chairman for each Urban Council who shall be members and be elected in accordance with the provisions of the Local Authorities Elections Ordinance.

[S 19(1) am by s 10(1) of Act 21 of 2012.]

(2) The Chairman or Vice-Chairman of an Urban Council shall hold office for the term of office of the Council unless he resigns or vacates such office. A Chairman or Vice-Chairman who resigns or vacates his office shall however continue to be a member of the Council.

[S 19(2) am by s 10(2) of Act 21 of 2012.]

(3) The Chairman of an Urban Council shall, subject to the provisions of section 170A, be the chief executive officer of the Council and all executive acts and responsibilities which are by this Ordinance or 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 Chairman.

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

(5) The exercise, discharge or performance by the Vice-Chairman or Secretary or any other officer of the Council of any power, function or duty delegated to him by order of the Chairman shall be subject to the direction and control of the Chairman 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 Chairman.

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

(7) Whenever the office of Chairman of an Urban Council falls vacant, notice of such vacancy shall forthwith be given by the Secretary of the Council 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 19 subs by s 125 of Law 24 of 1977; 19(7) subs by s 19(3) of Act 21 of 2012.]

20. …

[S 20 rep by s 126 of Law 24 of 1977.]

21. …

[S 21 rep by s 126 of Law 24 of 1977.]

22. …

[S 22 rep by s 126 of Law 24 of 1977.]

23. Chairman and Vice-Chairman to be Justices of the Peace and official Magistrates.

The Chairman and the Vice-Chairman of the Urban Council of each town shall, during the tenure of his office, be ex-officio a Justice of the Peace and Unofficial Magistrate for the district within which that town is situated.

24. Presidency at meetings.

The Chairman of an Urban Council shall preside at all meetings of the Council. In the absence of the Chairman, the Vice-Chairman shall preside, and in the absence of the Vice-Chairman, such member as may be elected by the other members present to be the presiding member for that meeting.

25. Meetings of the Council how and when convened.

(1) The ordinary meeting of Urban Council shall be held for the dispatch of business upon such day or days in every month as may be fixed by the Council.

(2) The Chairman may convene a special meeting of the Council whenever he may consider it desirable and shall, whenever requested in writing by any two or more members of the Council to convene a special meeting for any purpose specified in such writing, forthwith convene a special meeting for that purpose. Two days notice of the day appointed for any such special meeting shall be given to or left at the residence of each member of the Council.

26. Powers of Council to be vested in the majority Quorum.

(1) The quorum for any meeting of an Urban Council shall be one-third of the members of the Council in office on the day of that meeting.

(2) All matters or questions authorised by this Ordinance or by any other written law, to be decided by the members of an Urban Council shall be decided by the majority of members present and voting at any general or special meeting.

[S 26(2) subs by s 127 of Law 24 of 1977.]

(3) Where the votes of the members present at any meeting are equally divided in regard to any question, the Chairman, Vice-Chairman or other member presiding at the meeting shall, in addition to his vote as a member, have a casting vote.

[S 26(3) subs by s 127 of Law 24 of 1977.]

27. Appointment, powers and duties of secretary.

(1) Every Urban Council shall appoint a fit and proper person to be the secretary of the Council.

(2) The secretary of an Urban Council shall be the chief administrative officer of the Council and shall exercise, perform and discharge such powers, duties and functions as are conferred or imposed upon him by this Ordinance or by rules made under section 193 or by any other written law for the time being in force.

[S 27(2) subs by s 128 of Law 24 of 1977.]

(3) In the event of the vacation of the offices of both the Chairman and the Vice-Chairman by death, resignation, removal or any other cause, then during the period intervening between the vacation of the office of the Vice-Chairman and the election of a new Chairman, the secretary of the Council shall, in addition to the powers referred to in subsection (2), have the authority, subject to the approval of the Commissioner and subject to such limitations and conditions as may be prescribed by rules under section 193, to incur expenditure on behalf of the Council, to make payments out of the local fund, and to exercise and perform such powers, duties and functions of the Chairman as may be specified by the Commissioner or prescribed by rules as aforesaid

[S 27(3) subs by s 128 of Law 24 of 1977.]

28. Minutes of proceedings of Council to be entered in a book.

(1) All acts, orders, and proceedings of an Urban Council shall be entered in a book to be kept by it for that purpose, and shall be signed by the Chairman for the time being; and all such acts, orders, and proceedings shall then be deemed and
taken to be original acts, orders, and proceedings, and any copy thereof or extract therefrom, shall be admissible in evidence in any Court of Justice, provided that it purport to be signed and certified as a true copy or extract by the Chairman or secretary of the Council.

29. Committees.

(1) An Urban Council may, from time to time, appoint committees consisting either of members of the Council or partly of members of the Council and partly of other inhabitants of the town, for the purpose of advising the Council with reference to any of its powers, duties, or responsibilities, or any matter under the consideration of the Council, and may from time to time, subject to such instructions or conditions as it may determine, delegate any of its powers or duties to such committees other than the power to raise any loan, to levy any rate, or to impose any tax.

(2) For the purpose of any matter in which any Urban Council is jointly interested with any other Urban Council or with any Municipal Council, it may make arrangements by mutual consent with such other Urban Council or with such Municipal Council for the constitution of a joint committee, for the appointment of members of the Council upon such joint committee, and for the delegation to such joint committee of any of its powers or duties other than the power to raise any loan, to levy any rate, or to impose any tax.

30. Acts of Council not to be invalidated, by vacancies or absence of members.

Subject to the provisions of section 26 as to the quorum, nothing which is done or determined by an Urban Council, under this Ordinance or any other written law, shall be or be deemed to be invalid by reason only of the fact that the full number of members prescribed for that Council under section 5 had not been elected, or that any member was absent from the Council, or that there was any vacancy in the number of the members, at the time such thing was done or determined.

PART II

Status, Powers and Duties of Urban Councils

31. Urban Council to be Corporation.

Every Urban Council shall be a corporation with perpetual succession and a common seal, and may sue and be sued by such name as may be assigned to it in the Order constituting the Council, or any subsequent Order in modification thereof.

General Powers and Duties

32. Lands vested in Urban Council.

There shall be vested in the Urban Council of each town all such immovable property of the following classes, namely—

(a) waste lands and open spaces;

(b) stone, cabook and gravel quarries;

(c) public lakes and streams;

(d) public tanks, ponds and channels;

(e) State lands whether with or without buildings;

as may be situating within the limits of the town and may be or have been handed over with the sanction of the President or the Governor-General, as the case may be, to the Council, or to any local authority of which the Council is the successor, in the manner described in section 33.

33. Method of vesting, administration of such lands.

(1) A vesting order, certificate or other record signed by the person or persons authorised to hand over any immovable property referred to in section 32, and by the Chairman of the Urban Council or of any local authority of which the Council is the successor-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 Urban Council, or the local authority, as the case may be:

Provided that nothing in this section or in section 32 shall be deemed—

(i) to affect or prejudice any right or title of the State to any such immovable 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 authority, in which lands are vested on behalf of the State, has or may have in any such property; or

(iii) to empower the Council to dispose of any such property otherwise than in accordance with such terms and conditions as may be set out in the aforesaid vesting order, certificate or other record relating to such property; or

(iv) to prevent the Council from surrendering to the State at any time any such immovable property.

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

34. Other property vested in the Council.

There shall be further vested in each Urban Council, for the purposes of this Ordinance, the following classes of property—

(a) all public parks, gardens and open spaces acquired by or otherwise transferred to the Council or any other local authority of which the Council is the successor and all erections and 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 or any local authority of which the Council is the successor;

(b) all public roads, streets, canals, and bridges (except such roads, streets, canals or bridges as may be vested in any other authority under any other enactment, or may be specially exempted from the provisions of this section by the Minister by Order published in the Gazette), together with the land used for the purposes thereof and all the pavements, stones or other materials thereof, and also all erections, materials, implements, and other 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, provided, or erected under any repealed enactment, or which may be otherwise transferred or have been transferred to the Council or to any local authority of which the Council is the successor, 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 local fund of the Council or of any other local authority of which the Council is the successor, 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, lamp-irons, lamp-posts, sluices, dams, pipes, posts, chains, piles, rails and other similar erections and things in, about, or belonging to the roads, streets, and public places 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 with the Council, or shall be otherwise shown to be private property, or subject to private rights.

34A. Control and erection of monuments.1

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

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.

34B. Naming of Public Parks.1

It shall not be lawful for any Urban 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.

35. General duties.

The Urban Council of each town shall within the administrative limits of the town have the following duties—

(a) to maintain and cleanse all public thoroughfares 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 town 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 No. promote the public health, welfare and convenience, and the development, sanitation and amenities of the town.

36. General Powers.

For the purposes of the discharge of its duties under this Ordinance, an Urban Council (without prejudice to any other powers specially conferred upon it) shall have the following powers—

(a) to appoint necessary officers and servants and from time to time remove any such officers or servants, and to assign to any office or service such salary, allowances or remuneration as to the Council may seem fit; provided that, the preceding provisions shall not apply to and in relation to any officer or servant of such Council who is a member or who is deemed to be a member of the Local Government Service constituted under the Local Government Service Law;

[S 36(a) subs by s 2 of Act 48 of 1984.]

(b) to spend any part of the local fund on maternity and child-welfare services, the training of midwives for the purposes of any maternity service established by the Council, housing schemes, and charities or measures for the relief of distress caused by rain, floods, fire, earthquake, famine or epidemics;

(c) to enter into any arrangement with any other authority for the employment and remuneration of any officer or servant for the several purposes of the Council and such authority;

(d) to take on lease or purchase any land or building;

(e)

(i) to sell, exchange, let or give out on lease any land or building belonging to the Council or vested in it otherwise than by virtue of the provisions of section 32 or section 34, subject to the terms and conditions of the instrument by which the land or building was transferred to or vested in the Council, unless the sale, exchange, letting or leasing is prohibited by such instrument;

(ii) to let give out on lease any land or building vested in it by virtue of the provisions of section 32 or section 34 and not required for any public purpose for the time being subject, however, to the prior approval of the Minister and subject always to such terms and conditions as may be set out in the vesting order, certificate or recon issued or made under section 33, or the will, or the deed or instrument of gift or trust executed by the donor, in respect of such land or building;

(f) 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;

(g) 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 or rules made thereunder, or for the performance of acts required to be done under this Ordinance in respect of which the owner or occupier of such premises is, or may be deemed to be, in default;

(h) by its Chairman or other officer authorised by him, to hold all inquiries which the Chairman may deem necessary for any of the purposes of this Ordinance, and for the purpose of all such inquiries, to administer oaths and summon witnesses;

(hh) to—

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

(ii) recommend to the appropriate authority, the opening, closing, amalgamation, naming and upgrading of schools in the town;

[S 36(hh) ins by s 2 of Act 18 of 1987.]

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

[S 36(hhh) ins by s 2 of Act 18 of 1987.]

(i) 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;

(ii) with the prior approval of the Minister—

[S 36(ii) subs by s 66 of Act 36 of 1989.]

(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 respectively, or under any other written law; and

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

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

36A. Powers of the Minister in respect of commercial and industrial enterprises.

(1) “The Minister may approve any commercial or industrial enterprise under paragraph (ii) of section 36 having regard—

(a) the economic viability of such enterprise;

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

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

(2) No sum of money appropriated to an Urban Council by Parliament under paragraph (h) of subsection (2) of section 158 and no grants allocated to an Urban Council to the Minister under paragraph (c) of subsection (2) of section 158 shall be utilised by such Council for the purposes of establishing or maintaining any commercial or industrial enterprise.

(3) Where the Minister is of the opinion that the continued operation of any commercial or industrial enterprise of any Urban 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 Order published in the Gazette terminate the operation of such enterprise and direct the Council to take charge of all books, records and assets of the enterprise and to take such measures that may be necessary to give effect to such Order.

(4) The Minister or the Commissioner may, from time to time give any Urban 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 or the Commissioner may, from time to time direct the Council in writing to furnish him in such form as returns, accounts and other with respect to the business of such enterprise, and the Council shall, carry out every such direction.

[S 36A ins by s 5 of Act 13 of 1983.]

37. Power to authorise surveys.

(1) Whenever it appears to the Chairman of any Urban Council that an examination or survey of any private lands, buildings or premises is necessary for any local public purpose, it shall be lawful for the Chairman 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 public purpose;

(d) to set out the boundaries of any land which is 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;

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

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

Provided further, that no person shall enter any building or any enclosure attached to a dwelling house except with the written consent of the occupant, or if such consent is withheld, with the sanction of the Chairman.

(2) Every mark fixed on any land under this section shall be deemed to be the property of the Council.

38. Contracts.

Any contract for any of the purposes of this Ordinance involving an expenditure exceeding ten thousand rupees shall be reduced to writing, shall be signed by the Chairman, and shall specify—

[S 38 am by s 3 of Act 48 of 1984.]

(a) the work to be done, the services to be rendered or the goods to be delivered;

(b) the materials to be used;

(c) the price to be paid for such work, service, goods, or materials;

(d) the time or times within which the work or service is to be done, or the goods or materials are to be furnished; and

(e) the penalty to be imposed in case of a breach of the contract.

39. Consent of Council.

(1) The Chairman shall not enter into any contract on behalf of the Council for any work or service the cost of which exceeds ten thousand rupees, or any contract enduring for a longer period than the time elapsing between the making of such contract and the end of the financial year, without the sanction of the Council.

[S 39(1) subs by s 129 of Law 24 of 1977; am by s 4 of
Act 48 of 1984.]

(2) If the Council fails to sanction any contract the Chairman may with the approval of the Commissioner enter into such contract notwithstanding the provisions of subsection (1).

[S 39(2) subs by s 129 of Law 24 of 1977.]

40. Advertisement for tenders.

Before entering into any contract, which involves an expenditure exceeding ten thousand rupees for the execution of any work, for the rendering of any service, for the supply of any goods or materials, or for any other matter necessary for the purposes of this Ordinance, the Chairman shall call for tenders by advertisement, unless otherwise authorised by a resolution of the Council.

[S 40 am by s 5 of Act 48 of 1984.]

41. Acquisition of lands or buildings for general public purposes.

An Urban 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.

42. Compulsory acquisition of lands and buildings.

Any land or building required for of the purposes of an Urban Council may be required under the Land Acquisition Act by the Government for the Council.

43. Power of Urban Council to act as trustee for any public purpose.

An Urban Council may receive and hold any property in trust for the benefit of the inhabitants of the town for which it is. constituted, or any section of such inhabitants, or for the purpose of any public service administered by the Council, and may otherwise act as trustee for any public purpose.

PART III

Powers and Duties as to Thoroughfares

44. Urban Council to be the general authority for thoroughfares and communications.

(1) Subject to the powers and responsibilities by law committed to any other authority, the Urban Council of each town shall be the general administrative authority for the purpose of all thoroughfares and communications, other than principal thoroughfares, within the administrative limits of the town, with all such powers as are vested in it under this Ordinance, the Housing and Town Improvement Ordinance, and any other enactment, from time to time, enacted in that behalf.

(2) Subject to such directions as may be given by the Minister, from time to time, by Order published in the Gazette, the Urban Council of each town shall be the administrative authority for the purposes of the protection of any principal thoroughfare that may be situate within the town, and shall be entitled for such purposes to exercise or perform in relation to any such principal thoroughfare any of the powers or duties conferred or imposed by sections 72 to 92 (both inclusive) relating to buildings along thoroughfares, obstructions to thoroughfares, encroachments on thoroughfares, injuries to thoroughfares and nuisances on thoroughfares.

45. General powers of Council with regard to thoroughfares and open spaces.

Subject to the powers and responsibilities by law belonging to any other authority, it shall be the duty of the Urban Council of every town, and such Council is hereby empowered to take all necessary measures for securing and maintaining all public rights, interests and amenities arising out of or in connection with all thoroughfares or open spaces within the town, and for utilising, regulating, adapting, and developing such thoroughfares or open spaces for public purposes.

46. Thoroughfares vested in Urban Council.

All thoroughfares within a town, other than principal thoroughfares, except in so far as such thoroughfares are already so vested by virtue of any other enactment, shall be deemed to be vested in the Urban Council of the town.

47. Prescription.

Neither the provisions of the Prescription Ordinance, or those of any other law relating to the acquisition of rights by virtue of possession or user, shall apply in the case of the roads within any town; and no person shall be entitled to any exclusive rights of ownership, possession or use over or in respect of any such road or any portion thereof by reason of his having, either before or after the coming into operation of this Ordinance, had possession, or use of any description whatsoever, of such road or portion thereof.

48. Language of notices and how served.

All notices required to be given under this Part shall be in the Sinhala and Tamil languages; and every notice addressed to any person may be served either personally upon such person, or by leaving it with some member of his household, or by affixing it to some conspicuous part of his residence.

49. Control of roads and paths in charge of minor local authority.

It shall be the duty of the Urban Council of every town, and every such Council is hereby empowered, to supervise and control the course and development of all public roads and paths within the town.

50. Power of Urban Council to construct new, and improve existing thoroughfares.

The Urban Council of each town may within that town—

(a) lay out and construct new roads, streets, bridges or other thoroughfares;

(b) widen, open or enlarge any street or other thoroughfare (not being a principal thoroughfare);

(c) turn, divert, discontinue or stop up, whether in whole or in part, any public street or other thoroughfare (not being a principal thoroughfare), making due compensation to the owners or occupiers of any property required for such purposes, or any person whose legal rights are thereby infringed.

51. Acquisition of lands required for diversions or enlargements.

(1) If in connection with the turning, diversion, widening, opening, enlargement or improvement of any thoroughfare, it becomes necessary for any Urban 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 thoroughfare, 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 an Urban Council in pursuance of any agreement under subsection (1) shall vest in the Council without any formal transfer thereof, and the certificate of the Government Agent or the Chairman of the Council that any person has been allowed by the Council to possess any part of the ground of any former road 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 an Urban 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 42.

(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).

52. Gifts of land required for diversion or enlargement of thoroughfares.

If in connection with the turning, diversion, widening, opening, enlargement or improvement of any thoroughfare, it becomes necessary for any Urban 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 Chairman or of a person authorised by the Chairman 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.

53. Power to dispose off discontinued street.

Whenever Other any street or thoroughfare or any part of any street or thoroughfare vested in an Urban Council ceases to be used as a street or thoroughfare, the Council, with the prior approval of the Minister, may sell, lease, or exchange such street or other thoroughfare or part thereof.

54. Power to take land adjoining new street for building diverting, widening, opening or enlarging purposes.

In laying out or constructing any new street or thoroughfare, or in turning, otherwise improving any street or thoroughfare, an Urban Council may, in addition to the land required for the purposes of the carriage ways and footways thereof, also purchase the land necessary for houses and buildings to form the said street or thoroughfare, and may sell, lease, or otherwise dispose off the same, subject to the provisions of paragraph (e) of section 36 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.

55. Other powers of an Urban Council.

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

(1) to water the streets;

(2) to remove encroachments and obstructions in or upon any street or thoroughfare 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 encroachments or obstructions within such time as may be specified in the notice or with due diligence;

(3) to paint up the names of streets and the numbers of houses or tenements on any private property;

[S 55(3) subs by s 4 of Law 4 of 1975.]

(4) to shut up and secure deserted houses;

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

55A. Naming of streets.

The Minister shall, either of his own motion or on application made in that behalf by an Urban 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 55A ins by s 4 of Law 4 of 1975.]

56. Roads for benefit of individual property owners.

The Urban Council of any town may, at the request of the owner or owners of any one or more estates or industrial enterprises situated within the town, 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.

57. Power to construct and maintain tramways.

An Urban Council, or any two or more Urban Councils in combination, or any Urban Council or Councils in combination with any Municipal Council, may, with the sanction of the Minister, by its own or their own officers, construct, maintain, and use a tramway or tramways within the administrative limits of such Council or Councils.

58. Agreement with promoters for construction of tram ways.

An Urban Council, or any two or more Urban Councils in combination, or any Urban Council or Councils in construction of combination with any Municipal Council, tramways may with the sanction of the Minister, enter into an agreement, not inconsistent with the provisions of this Ordinance, with any promoter or promoters for the purpose of granting to such promoter, or promoters the right to construct, maintain and use a tramway or tramways within the administrative limits of the Council or Councils, upon the terms for the consideration, subject to the conditions, and in the manner specified in such agreement.

59. Public vehicular communications.

An Urban Council may, subject to such prohibition or restriction as may be imposed in respect thereof by any other law, and, in so far as any principal thoroughfare may be thereby affected, subject to the approval of the Minister in charge of the subject of Thoroughfares, organise and maintain, either by itself and its own officers, or by agreement with any promoter or promoters in the manner prescribed by section 58, 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.

60. Houses in a ruinous and dangerous state.

If any house, building, boundary wall or gateway adjoining any street or thoroughfare in any town, or anything affixed thereon, be deemed by the Urban Council of that town 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 or thoroughfare, 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 affixed thereon, as the case may require.

61. Failure to comply with notice.

If any person, on whom a notice is served by or on behalf of an Urban Council under section 60, 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 think necessary to be carried out, and all the expenses incurred by the Council shall be paid by such person and shall be recoverable as hereinafter provided.

62. Sale of materials of ruinous houses.

If any house, building or wall, or any part thereof be pulled down by any Urban Council under section 61, 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 local fund, and shall be freed from any liability to pay or answer for or in respect of such unclaimed surplus;

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 given to it for compelling the payment of the entirety of the expenses.

Maintenance and Repair of Thoroughfares

63. Proper officers empowered to enter upon land for repair of throughfare.

It shall be lawful for the proper officer of the Urban Council of any town and for the servants, workmen, and labourers employed by or under him, at all times, and with all necessary and proper carriages, carts, animals and other means, to enter upon any land adjacent or near to any existing or intended thoroughfare within that town, 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 thoroughfare 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.

64. Power to take materials.

It shall be lawful for the proper officer of the Urban Council of any town, 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 thoroughfare in that town; 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 thought ore 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 thoroughfare, 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 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.

65. Power to erect buildings and keep cattle.

It shall be lawful for the proper officer of the Urban Council of any town for tracing, measuring, making, working, opening, altering, turning, repairing, clearing, or improving any existing or intended thoroughfare within the town, 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.

66. 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 thoroughfare within any town, or building, excavating, repairing, clearing, or improving any bridge, fence, drained am, or ditch thereupon or in any way connected therewith, it shall be lawful for the proper officer of any Urban Council of the town to throw upon any lands adjacent or near to the thoroughfare such earth, rubbish, or materials as it may be necessary to remove from the place of any such work:

Provided that all earth, rubbish or materials thrown upon any such land by the proper officer shall be removed by him from such land within a reasonable time.

67. Power to make temporary road.

It shall be lawful for the proper officer of the Urban Council of any town to make a temporary through the road grounds adjacent or near to any existing or intended thoroughfare in the town 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.

68. Power to cut trees.

It shall be lawful for the proper officer of the Urban Council of any town 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 thoroughfare within the town, 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:

Provided that all trees, bushes, or shrubs, and all leaves or branches or roots of trees placed upon any such land by the proper officer shall be removed by him from such land within a reasonable time.

69. Power to put up fences.

It shall be lawful for the proper officer of the Urban Council of any town to put up or make fences, hedges, ditches, drains, or banks by the side of any thoroughfare within the town, 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.

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

The proper officer of the Urban Council of any town shall have power to make, scour, cleanse, and keep open all ditches, gutters, drains, or watercourses along any thoroughfare within the town, 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 thoroughfare or intended thoroughfare, in and through any lands or grounds adjoining or lying near to such thoroughfare or intended thoroughfare.

71. Power to lay stones.

The proper officer of the Urban Council of any town shall have power to lay and heap of stone or gravel, or any log of wood, or any other matter or thing whatsoever, upon any thoroughfare within the town, and to allow such matter to remain there during the time such road is under repair, and for such time before the repair, 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 road, but he shall take due and reasonable precaution for preventing danger or injury to persons passing along such road.

Building along Thoroughfares

72. Notice of intended building along a thoroughfare.

(1) It shall not be lawful for any person to commence any building, boundary wall, gateway or fence along any thoroughfare within any town, or to erect any temporary fence or enclosure on any such thoroughfare for the purpose of commencing or repairing any such building, boundary wall, or gateway without giving one calendar month’s previous notice in writing to the Urban Council of that town.

(2) Any person neglecting to give the notice prescribed by subsection (1), or to remove any building, boundary wall, gateway or fence erected without such notice when he is required in writing to do so by the Urban Council under this subsection, shall be guilty of an offence, punishable with a fine not exceeding five hundred rupees, and with a further fine not exceeding two hundred rupees for each day he suffers or allows such building, boundary wall, gateway or fence to remain after he is required to remove it as aforesaid.

[S 72(2) am by s 6 of Act 48 of 1984.]

(3) It shall be lawful for the Urban Council to remove or cause to be removed, any building, boundary wall, gateway, fence or enclosure commenced or erected without the notice prescribed by subsection (1), and to recover the costs of such removal in the manner provided in section 84 for the recovery of the costs therein mentioned.

(4) Nothing herein contained shall be deemed to deprive any Urban Council of the power, hereinafter conferred on such Council, of removing any such building, boundary wall, gateway, fence, or enclosure, which may subsequently be discovered to be an encroachment on a thoroughfare, notwithstanding that no proceedings may have been taken by the Council on the notice given in the respect of such building, boundary wall, gateway, fence or enclosure under subsection (1).

73. Erection of temporary fences and enclosures.

(1) Nothing contained in section 72 shall be construed to prevent any public officer, duly authorised in that behalf, from making temporary use of any part of any thoroughfare for the public service, or to prevent the Urban Council of any town from granting a licence to the inhabitants of the town for the erection of temporary fences and enclosures on any thoroughfare, in connection with the building, pulling down, or repairing, of their houses and other buildings, or for temporary decorations within the town, on such terms and conditions as the Council may deem proper, including conditions as to—

(a) the length, breadth and height of such enclosures;

(b) the space to be allowed for carriages and carts, or boats, to pass along the thoroughfare; and

(c) the exhibition by the person obtaining such licence, daily between sunset and sunrise throughout the period during which the fence or enclosure is maintained or continued by him, of a light sufficient to indicate clearly the exact situation of the fence or enclosure or any obstruction caused thereby.

(2) Every holder of a licence granted under subsection (1) who commits a breach of any of the conditions of such licence, and every person who removes or extinguishes any light placed and kept in accordance with the requirements of the conditions of such licence, shall be guilty of an offence, punishable with a fine not exceeding one hundred rupees.

[S 73(2) am by s 7 of Act 48 of 1984.]

74. Building limits along roads.

(1) Notwithstanding anything contained in the Housing and Town Improvement Ordinance, it shall not be lawful for any person—

(a) to erect any building, boundary wall or gateway within a limit (hereinafter referred to as the “building limit”) of twenty-five feet from the centre of any road which is used or intended for vehicular traffic within any town and in respect of which street lines providing for a roadway exceeding fifty feet in width, have not been defined under section 19 of the Housing and Town Improvement Ordinance; or

(b) except under the authority of a licence granted by the Urban Council of the town, to re-erect or to make any addition to any such building, boundary wall or gateway within such limit:

Provided always, that nothing in this subsection contained shall apply to any repairs effected in any building, boundary wall or gateway existing at the date of the constitution of the Urban Council, or in the case of—

(i) any street which is intended for foot traffic only and is not less than twenty feet in width; or

(ii) any back lane or other service passage which is intended only for the purposes of scavenging or conservancy or other special sanitary purpose and is not less than ten feet in width,

where such street, lane or passage has been defined or approved by the Urban Council.

For the purposes of the foregoing provisions of this subsection, “repairs” shall not be deemed to include any work of re-erection or reconstruction or the addition of any new part.

(2) It shall be the duty of every Urban Council, within three years after the date of the constitution thereof or within such further period as may in the special circumstances of any case be allowed by the Minister—

(a) to demarcate by permanent marks the building limit prescribed by subsection (1) on every road referred to in that subsection;

(b) in the case of each road on which the building limit has been so demarcated, to ascertain and record the value of each building, boundary wall, or gateway or part thereof situate or extending within such limit; and

(c) in the case of any road on which the building limit has not been demarcated, to ascertain and record the value of each building, boundary wall or gateway in respect of which a licence under subsection (1) is granted by the Council for the purposes of any re-erection or addition.

(3) The value of any building, boundary wall or gateway shall, for the purposes of subsection (2)—

(a) be fixed by agreement between the Urban Council and the owner or owners of the building, boundary wall or gateway; or

(b) where it is not so fixed by agreement, be determined by the arbitration of two arbitrators, one nominated by the owner or owners of the building, boundary wall or gateway, and the other by the Urban Council, or if such arbitrators cannot agree upon the said value, by an umpire chosen jointly by the two arbitrators.

(4) In determining the value of any building, boundary wall or gateway or any part thereof for the purposes of subsection (2), the following principles shall be followed—

(a) where any building, boundary wall or gateway, or any part thereof, the removal of which would render the remaining part useless, is situated within the building limit of any road, and where, for that reason, at the time of the widening of the road the removal of the entire building, boundary wall or gateway will become necessary, the value of the entire building, boundary wall or gateway shall be determined; and such value shall be the difference between the market value of the premises, that is to say, of the building, boundary wall or gateway together with the land attached thereto, at the time of the demarcation of the building limit, and the market value at that time of the land as distinct from the building, boundary wall or gateway;

(b) where only a part of a building, boundary wall or gateway is situated within the building limit of any road, and after the severance and removal of such part the remaining part will be capable of adaptation either to the original purpose of the building, boundary wall or gateway or to any other purpose permitted by law, the value of the part within the building limit shall alone be determined; and such value shall be the aggregate of—

(i) the estimated cost of the severance and removal of that part of the building, boundary wall or gateway; and

(ii) the estimated cost, in the case of a building, of adapting the part of the building which will then remain to the purpose for which the building is used at the time of the demarcation of the building limit, and in the case of a boundary wall or gateway, of completing such additions or repairs as may be necessary;

(c) where, at the time of the demarcation of the building limit on any road, the value of any building, boundary wall or gateway is found to have been increased by any alteration or improvement effected in the building, boundary wall or gateway after the date of the constitution of the Urban Council, then notwithstanding that the alteration or improvement may have been authorised by a licence under subsection (1), the amount of the increase shall not be taken into account unless the alteration or improvement was necessary for the maintenance of the building, boundary wall or gateway in a proper state of repair:

2Provided that, for the purposes of paragraph (c) of this subsection the date of the constitution of any Urban Council which is the (c) successor of any Urban District Council constituted under any repealed enactment shall be deemed to be the actual date of the constitution of such Urban District Council.

(5) Every award or agreement made or entered into, as the case may be, under subsection (3) in respect of the value of any building, boundary wall or gateway or part thereof, shall specify the particular paragraph or paragraphs of subsection (4) in accordance with which the value aforesaid was fixed or determined.

(6) The value of each building, boundary wall or gateway or part thereof situated within a building limit, fixed or determined as provided in subsection (3) shall be recorded in the office of the Urban Council together with all agreements or awards by which the value so recorded may be verified.

(7) For the purpose of demarcating the building limit of any road it shall be lawful for any officer, servant or workman of the Urban Council to enter upon any private land adjoining the road and to erect permanent marks at convenient places, taking all such precautions as may be necessary to ensure that as little damage as possible is caused to the land. Compensation shall be paid by the Council for any damage, so occasioned.

(8) Where the building limit of any road has been demarcated under this section, nothing in any of the other provisions of this Ordinance shall be deemed to preclude the Urban Council from letting or leasing any part of the road not included within such building limit for the purpose of affording building facilities along the road, or from using or permitting the use of any such part for any public purpose.

(9) Nothing in this section shall apply to, or in the case of, any road in respect of which street lines providing for a roadway exceeding fifty feet in width have been defined under section 19 of the Housing and Town Improvement Ordinance.

75. Power of Minister to modify building limit.

(1) Upon application made in that behalf, by the owner or occupier of any property affected by the building limit specified in section 74, it shall be lawful for the Minister, by Notification published in the Gazette, to modify the building limit in respect of the road, or the part of a road upon which such property abuts; and for the purposes of the provisions of this Ordinance relating to the building limit along roads, the building limit along such road or part of a road shall be the building limit so modified by the Minister.

(2) Where after the values of the buildings, boundary walls or gateways or part thereof situated within the building limits of any road are ascertained and recorded by an Urban Council, the Minister modifies the building limit under subsection (1) in respect of the whole road or any part thereof, it shall be the duty of the Council to vary or adjust the values so recorded in such manner as may be rendered necessary by such modification of the building limit; and every variation or adjustment of such values shall be made in accordance with the provisions of section 74.

76. Condition to be attached to all licences under section 74.

(1) It shall be a condition of any licence granted by an Urban Council under section 74 for the re-erection of or for any addition to any building, boundary wall or gateway within the building limit of any road that in the event of the land on which the building, boundary wall or gateway is situated, being acquired at any time thereafter for the purpose of the widening of the road, the compensation payable in respect of such building, boundary wall or gateway shall be determined in accordance with the provisions of section 78.

(2) —

(a) Full particulars of every licence containing a condition of the description set out in subsection (1), and of the land and the building, boundary wall or gateway to which the condition relates, shall be entered by the Council in a register to be kept for that purpose at the office of the Council, and the Chairman shall cause a certified copy of the entry so made in respect of each land and building, boundary wall or gateway, and the conditions of the licence relating thereto, to be registered in the office of the Registrar of Lands. The Registrar of Lands shall register all such copies free of any charge or duty.

(b) Upon the registration of any entry under this subsection, the condition of the licence set out in such entry shall be binding upon the land or building or boundary wall or gateway affected thereby, in accordance with the tenor of such condition, into whosesoever ownership or possession the land or building or boundary wall or gateway may at any time, pass.

(c) The register kept at the office of the Council shall be made available for inspection to any person interested, at any time when the office is open for the transaction of business.

(d) The provisions of section 2 of the Prevention of Frauds Ordinance shall not apply to any entry or copy of an entry referred to in this subsection.

(3) Subject to the condition referred to in subsection (2), any person who is otherwise entitled to re-erect or make any addition to any building, boundary wall or gateway shall be entitled to a licence to re-erect or make such addition to such building, boundary wall or gateway within the building limit specified in section 74:

Provided that no part of the building, boundary wall or gateway so re-erected or added to shall, upon such re-erection or addition, extend nearer to the centre of the road than it so extended in its original condition.

(4) The expression “re-erect”, with reference to a building, includes the restoration of any wall forming part of the building or of any support to the building which has been demolished or otherwise destroyed to or within a distance of five feet from the ground, but does not include any operation, which, in the opinion of the Urban Council, may reasonably be considered, to be a repair to the wall or support.

77. Power of Urban Council to deal with building, boundary wall or gateway erected or re-erected in contravention of Ordinance.

If any person erects or re-erects any building, boundary wall or gateway, or makes any addition to any building, boundary wall or gateway within any town in contravention of any of the provisions of section 74, the Urban Council of that town shall be entitled to cause such building, boundary wall or gateway, or such addition, to be demolished or removed by any officer or servant, and for that purpose the Urban Council shall have the same rights of entry and survey, and shall have the same powers of removal, abatement and recovery of costs as are vested by this Part in an Urban Council for the purposes of the abatement or removal of any obstruction, or encroachment or a supposed obstruction or encroachment upon a thoroughfare, and all the provisions of this Part relating to such obstructions or encroachments, so far as they are applicable, shall apply accordingly with such modifications as may be necessary.

78. Principles of assessing compensation in respect of land developed by building.

(1) Where any land which is situated within the building limit demarcated on a road, and which has been developed by the erection of any building wholly or partly within that building limit, is acquired for the purposes of the widening of that road, the determination of the compensation payable in such case under the Land Acquisition Act, shall be subject to the following special provisions, notwithstanding anything to the contrary contained in that Act—

(a) where the whole of the building or of any boundary wall or gateway is situated within the building limit, the value assigned to the building, boundary wall or gateway, as distinct from the land acquired, shall be the value recorded under section 74 at the time of the demarcation of the building limit or the market value of the building, boundary wall or gateway at the time of the acquisition, whichever is the less, and for the purpose aforesaid, such market value shall be the difference between the market value of the building, boundary wall or gateway together with the land attached thereto, at the time of the acquisition, and the market value at that time of the land so attached as distinct from the building, boundary wall or gateway;

(b) where only a part of the building or of any boundary wall or gateway is situated within the building limit and the value recorded under section 74 is the value of the entire building, boundary wall or gateway in accordance with subsection (4)(a) of that section, the value assigned to that part of the building, boundary wall or gateway, as distinct from the land acquired, shall be the value so recorded, or the market value of the entire building, boundary wall or gateway at the time of the acquisition, whichever is the less, and for the purpose aforesaid, such market value shall be the difference between the market value of the entire building, boundary wall or gateway together with the land attached thereto, at the time of the acquisition, and the market value at that time of the land so attached as distinct from the entire building, boundary wall or gateway;

(c) where only a part of the building or of any boundary wall or gateway is situated within the building limit and the value recorded under section 74 is the value of that part in accordance with subsection (4)(b) of that section, the value assigned to that part of the building, boundary wall or gateway, as distinct from the land acquired, shall be the value so recorded or the value of the part of the building, boundary wall or gateway within the building limit at the time of the acquisition, whichever is the less, and for the purpose aforesaid, such value shall be the aggregate of—

(i) the estimated cost of the severance and removal of that part of the building, boundary wall or gateway at that time; and

(ii) the estimated cost, in the case of a building, of adapting at that time the part of the building which will then remain to the purpose for which the building is used at that time, and in the case of a boundary wall or gateway, of completing at that time such additions or repairs as may be necessary;

(d) no compensation shall be allowed in respect of any building, boundary wall or gateway which at any time after the date of the constitution of the Council has been erected in contravention of section 74 or re-erected or added to without the licence required by that section;

(e) the value assigned to the land as distinct from the buildings thereon shall be the market value of the land at the time of the acquisition;

(f) where the land is only a portion of any premises belonging to any one person or group of persons—

(i) if the remaining portion of such premises is of sufficient depth, to admit of its being used as a site for a building of the same character as the building which is to be acquired, the market value assigned to the land shall be one-half of the value at that time of similar land in the vicinity possessing a road frontage; and

(ii) if the remaining portion of such premises is not of sufficient depth for the purpose mentioned in paragraph (i), the market value assigned to the land shall be the value at that time of similar land in the vicinity possessing a road frontage;

(g) regard shall be had to any increase, in the value of any other land or building belonging to the same owner or owners, which is likely to accrue from any widening of the road carried out after the acquisition of the land or the demolition of any building, boundary wall or gateway situated thereon;

(h) no additional compensation shall be allowed in respect of the compulsory nature of the acquisition whether in the case of the building or in the case of the land.

(2) In any case, referred to in paragraph (f)(ii) of subsection (1), the owner shall have the option of requiring the Urban Council to acquire the entirety of his premises at the rate at which the portion which the Council originally proposed to acquire was valued under that paragraph.

79. Power of Urban Council to acquire adjacent land for owner of land within building limit.

The Urban Council of a town may, at the request of any person whose right to build upon any land abutting upon a road within that town is restricted by the building limit demarcated upon that road, and who desires to erect a building upon the land, acquire for such owner at his expense any land, situate at the rear of such first-mentioned land and of sufficient extent to afford him building facilities of the same nature as he would have enjoyed, but for such restriction. All lands required for any such purpose shall be deemed to be required for a public purpose, and the provisions of section 78, shall apply to the valuation of such land.

Obstructions to Thoroughfares

80. Power to demand production of title deeds.

(1) Whenever it appears to any Urban Council that any building, enclosure, or obstruction has been raised or made in any thoroughfare under the control of the Urban Council, or on any waste or other land immediately adjoining such road and belonging to the Slate, it shall be lawful for the Urban 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 to do so by the Urban Council; or

(b) where the alleged owner of any premises refuses to produce within ten days, after being requested to do so, 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 Urban Council, upon being requested to do so, of the name and residence of the person in whose possession they are; or

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

every such occupier, alleged owner, or person so refusing shall be guilty of an offence, punishable with a fine not exceeding five hundred rupees.

[S 80(2) am by s 8 of Act 48 of 1984.]

81. Demand of production of deed to include power of examination.

(1) Every deed, document or instrument the production of which is demanded by an Urban Council under section 80 shall be produced on the premises to which it relates, or at such other place as the Urban 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 any person authorised by the Urban Council to examine any deed, document, or instrument, or to take copies thereof, shall be guilty of an offence, punishable with a fine not exceeding five hundred rupees.

[S 81(2) am by s 9 of Act 48 of 1984.]

82. Power to make survey of premises.

In any case referred to in section 80(1), it shall be lawful for any person authorised thereto by the Urban 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 Urban Council to ascertain whether an encroachment has been made thereby upon any thoroughfare or on any State land adjoining a thoroughfare, 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.

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

(1) Whenever it appears to any Urban Council that the line of any thoroughfare 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 thoroughfare 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 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 84.

(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 84.

(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 thoroughfare 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.

84. Removal of obstructions or encroachments.

(1) It shall be lawful for any Urban 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 thoroughfare under the 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 affixed 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 Urban Council, or any person authorised in writing by the Council to enter into 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 by the Urban Council in the removal or abatement of any obstruction or encroachment, shall be payable by the person whose failure to comply with an 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 Chairman of the Council to the Magistrate’s Court3 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 local fund of the Council.

(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 Urban 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 any such Urban 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 thoroughfares

85. Destroying milestone, bridge.

4Every 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 thoroughfare, 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 thoroughfare, 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 slough, dirt, drift, or soil from any thoroughfare; or

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

(5) being the owner or occupier of any land contiguous to any road, suffers the passage through or into his land of the water from such road, 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 road, 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 Urban Council, by any act on his land interferes with the free passage of water along or from any drain or culvert of any road; or

(7) hauls or draws upon any thoroughfare 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 thoroughfare 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 road; or

(9) erects, sets up, lays down or constructs either permanently or temporarily in, along, under or over any thoroughfare, any post, pillar, lamp, wire, pipe, rails or other plant, material or works without the permission of the Urban 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 road, or by means of temporary supports or otherwise exposes goods or wares of any description over any portion of a road 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, punishable with a fine not exceeding five hundred rupees.

[S 85 am by s 10 of Act 48 of 1984.]

86. Using new road for certain time after making.

Upon the construction of a new thoroughfare or upon the execution of any repair to an existing thoroughfare, it shall be lawful for the Urban Council having control of such thoroughfare, by notice exhibited upon or so as to be visible from the thoroughfare, to prohibit the riding or driving of any animal or vehicle on the thoroughfare 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, punishable with a fine not exceeding five hundred rupees.

[S 86 am by s 11 of Act 48 of 1984.]

87. Owner or occupier bound to have bridge over drain leading to his house.

If the owner or occupant of any house or premises adjoining any thoroughfare, by the side of which a drain has been made or excavated, requires means of access to such house or premises from such thoroughfare, he shall be bound to place over the drain, to the satisfaction of the Urban 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 Urban Council on being satisfied that any person has access from such thoroughfare 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 costs thereof in the manner provided by section 84 of the recovery of the costs therein mentioned.

88. Allowing trees to grow in such a way as to injure thoroughfares.

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 thoroughfare, after the service of a notice upon him by the Urban 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, punishable with 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 Urban Council, and that the costs thereof shall be recovered in the manner provided in section 84 for the recovery of the costs therein mentioned.

[S 88 am by s 12 of Act 48 of 1984.]

89. Damage to thoroughfare 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 thoroughfare as are likely to cause injury to the thoroughfare, 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 Urban Council of his proposed operations; and

(b) in addition to such measures as may be taken by the Urban 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 thoroughfare.

(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 compliance with the requirements thereof, shall be responsible for any damage occasioned by such operations, and for any expenses incurred by the Urban 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 manner provided in section 84, for the recovery of the costs therein mentioned.

Nuisances on thoroughfares

90. Offences.

(1) Every person who within a town turns loose or suffers to be turned loose any elephant, ox, buffalo, horse, sheep, goat or other animal on to, or into any thoroughfare, or so that it makes its way on to or into any thoroughfare; 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 thoroughfare, unless such anima! 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 punishable with a fine, not exceeding five hundred rupees:

[S 90(1) am by s 13(a) of Act 48 of 1984.]

Provided that where any such animal is found on or in any thoroughfare, or tied or tethered in such a way that it can make its way on to or into any thoroughfare, 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 road or canal within a town shall be guilty of an offence punishable with a fine not exceeding fifty 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 road 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 90(2) am by s 13(b) of Act 48 of 1984.]

(3) Every person who within a town—

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

(b) leaves or permits to be left, on any road 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 road 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 scouring of any ditch or drain, or other article or thing, on or in any road, 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 road 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 thoroughfare by making or causing to be made any building, platform, hedge, ditch or fence or other obstruction upon or in any thoroughfare;

(h) after having blocked or stopped any cart or other carriage in going up or down a 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;

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

shall be guilty of an offence punishable with a fine, not exceeding five hundred rupees.

[S 90(3) am by s 13(c) of Act 48 of 1984.]

(4) Every person who within a town 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 punishable with a fine not exceeding five hundred rupees. It shall be lawful for the Urban Council to cause any such kraal, fence, or obstruction so placed or continued to be pulled up or otherwise destroyed, and to recover the cost thereof in the manner provided in section 84 for the recovery of the costs therein mentioned.

[S 90(4) am by s 13(d) of Act 48 of 1984.]

91. Seizure of stray cattle.

(1) It shall be lawful for any person, thereto authorised by the Chairman of the Urban Council of a town to seize any ox, buffalo, horse, sheep, goat or pig which he may find tied, tethered, or straying on or about any thoroughfare within the administrative limits of the town, 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 91(2) subs by s 14 of Act 48 of 1984.]

(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 me animal was seized and for the custody and maintenance of the animal for each day it is kept in the pound to pay any balance of the proceeds of such sale into the local fund established by the Council, and if such balance is not claimed and 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 local fund.

[S 91(3) am by s 14 of Act 48 of 1984.]

(4) The provisions of this section shall have effect in every town to which this Ordinance applies, notwithstanding anything contained in the Animals Act.

92. 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 91, or under subsection (2) of section 90, 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, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees.

[S 92 am by s 15 of Act 48 of 1984.]

Special User of Thoroughfares

93. Power of Urban Council to authorise the user of public thoroughfares for special purposes.

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

94. —

(1) For the purpose of any agreement referred to in section 93, and for the purpose of securing the observance of the respective rights and obligations of the public, the Urban Council and the promoters in connection with any public service or any private enterprise or object to which the agreement relates, the Urban Council (except in so far as provision is made by any special enactment in that behalf) may make by-laws—

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

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

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

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

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

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

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

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

(e) prohibiting any interference with or obstruction to any operations authorised by any by-law under this section.

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

95. Expenses caused by extraordinary traffic.

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

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

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

Powers, duties and responsibilities of officers

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

In respect of all thoroughfares other than principal thoroughfares within the limits of the town for which an Urban Council is constituted, the Chairman of the Council and all persons authorised in writing by him in that behalf, shall and may by themselves, their servants, workmen, and labourers, exercise the several powers and authorities conferred by this Part on officers in charge of works to which this Part is applicable.

97. Survey by proper officer to be conclusive evidence.

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

98. Compensation for injury to property by authorised officers.

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

99. Arbitration.

Where, for any reason, the amount of any compensation payable under section 98 is not agreed upon between the Urban Council and the claimant, such amount may be determined by two arbitrators, of whom one shall be nominated by the Council and the other by the claimant. If the two arbitrators cannot agree, they shall appoint an umpire, and the award of the arbitrators or umpire, as the case may be, given in terms of the reference agreed to by the Council and the claimant, shall be final.

100. Officers and contractors leaving stones on thoroughfares by night.

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

[S 100 am by s 16 of Act 48 of 1984.]

101. Road officer or road contractor not liable to fine except in certain cases.

Save as in sections 100 and 226 provided, nothing contained in this Part shall render any officer of an Urban Council charge of any work on any thoroughfare, or any contractor under the Council, liable to any prosecution or fine under this Part for any act done by such officer in the discharge of the duties of his office, or by such contractor in the necessary execution or performance of his contract.

102. Police officers and Grama Seva Niladharis to enforce provisions of this Part.

It shall be the duty of all officers of the police force and of all Grama Seva Niladharis generally, to aid and assist in the prevention of all offences against this Part within the areas or divisions for which they are respectively appointed.

PART IV

Powers and duties as to public health

Public health

103. Urban Council to be the Public Health Authority.

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

Drainage

104. Urban Council to make public drains.

The Urban Council of each town may from time to time cause be made altered, or extended such public main or other drains, sewers, and watercourses as may appear to it to be necessary for the effectual draining of any area within the town, and, if necessary, may carry them through, across, or under any street, or any place laid out as or intended for a street, and (after reasonable notice in writing in that behalf) into, through, or under any enclosed or other land whatsoever, doing as little damage as may be and making full compensation for any damage done.

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

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

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

106. Penalty for making unauthorised drains into public drains.

Whoever within any town, without the written consent of the Urban Council first obtained, makes or causes to be made any drain leading into any of the public sewers or drains, shall be guilty of an offence punishable with a fine, not exceeding five hundred rupees, and the Council may cause the drain so made to be demolished, altered, remade, or otherwise dealt with as it may think fit; and all the expenses incurred therein by the Council shall be paid by the person convicted of the offence, and shall be recoverable as hereinafter provided.

[S 106 am by s 17 of Act 48 of 1984.]

107. Building over drains not to be erected without consent of Urban Council.

No new building shall be erected over any public drain, sewer, culvert, gutter, or watercourse in any town without the written consent of the Urban Council of the town; and where any building is so erected the Council may cause it to be pulled down, or otherwise dealt with as it may think fit; and the expenses therein incurred by the Council shall be paid by the person convicted of the offence, and shall be recoverable as hereinafter provided.

108. General control of drains.

(1) Every private drain in any town shall be under the survey and control of the Urban Council of that town, and shall be constructed, altered, repaired or kept in proper order as the Council may require, at the cost and charges of the owners of the land or building to which such drain belongs or for the use of which it is constructed.

(2) If the owner of any land or building to which any such drain belongs neglects during eight days after the service of a written notice in that behalf by the Council, to alter, repair or put the drain in good order in such manner as may be specified in the notice, the Council may cause such drain to be altered, repaired, or put in good order in the manner required, and the expenses incurred therein by the Council shall be paid by the owner, and shall be recoverable as hereinafter provided.

109. Obstruction of discharge of rain water and drainage.

Whenever the Urban Council of a town has by a resolution determined that any natural watercourse, channel, lake, swamp, or any part thereof which is situated within the town and into which rain water or drainage has theretofore discharged, shall remain open for the reception of such rain water or drainage, any person who, after receiving a written notice of the resolution from the Council, fills up or permits to remain filled up any such watercourse, channel, lake or swamp in such a manner as to obstruct or interfere with the free flow of such rain water or drainage, shall be guilty of an offence punishable with a fine not exceeding five hundred rupees:

[S 109 am by s 18 of Act 48 of 1984.]

Provided that—

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

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

Latrines

110. Duty of council as to latrine accommodation.

It shall be the duty of the Urban Council of each town—

(a) to take effective measures to secure that adequate and proper latrine accommodation is provided for all houses, buildings and lands within the town;

(b) to provide such public latrine accommodation as is necessary at all places of public resort within the town; and

(c) to ensure that all latrine accommodation, both public and private, within the town, is maintained in proper order and condition.

111. Council may order or cause additional latrines to be constructed.

(1) Where the Urban Council is of opinion that any latrine or latrines or additional latrine or latrines should be provided for any house or building or land, the owner of such house or building or land shall within two months after service of a written notice in that behalf by the Council, cause such latrine or latrines to be constructed in accordance with such requirements as may be set out in the notice.

(2) Where any notice served under subsection (1) is not complied with to the satisfaction of the Chairman within the period specified in that subsection, the Council shall be at liberty to cause such latrine or latrines to be constructed, and the expenses incurred in such construction shall be payable by the person making default in complying with the notice, and shall be recoverable as hereinafter provided.

112. Council may cause persons employing men to provide and maintain latrine or latrines.

(1) It shall be lawful for an Urban Council by written notice to direct any person employing workmen or labourers in the town to provide and maintain such latrine or latrines, as may seem fit to it and to cause the latrine or latrines so provided to be kept in proper order and to be daily cleaned.

(2) Where any notice served under subsection (1) is not complied with the Council may construct the necessary latrine or latrines, or cause the latrine or latrines to be kept in good order and daily cleaned, and the expenses incurred therein by the Council shall be paid by the person making default in complying with the notice, and shall be recoverable as hereinafter provided.

113. Neglecting to enclose private latrine.

(1) The owner or occupier of any house or building or land on which a latrine is situated, shall have such latrine shut out by a sufficient roof and a wall or fence from the view of persons residing in the neighbourhood or passing by, and it shall not be lawful for any such owner or occupier to keep any open latrine or a latrine with a door or trapdoor opening on to any street.

(2) The owner or occupier of any house or building or land who fails to comply with, or shall commit any breach of any of the provisions of subsection (1) shall be guilty of an offence punishable with a fine of fifty rupees for each day during which such breach is continued:

[S 113(2) am by s 19 of Act 48 of 1984.]

Provided that the Urban Council of the town may in its discretion permit the continuance for such time as it may think fit of any open latrine or any latrine with a door or trapdoor opening on to any street in any case where such latrine already exists and does not create a nuisance.

114. General control of latrines.

(1) All latrines and cesspits within any town shall be under the survey and control of the Urban Council of the town and shall be altered, repaired or kept in proper order as the Council may require, at the cost and charges of the respective owners of the houses, buildings, or land to which the latrines belong, or for the use of which they are constructed or maintained.

(2) If the owner or occupier of any house, building or land to which any latrine or cesspit belongs, neglects during one month after service of notice in writing for that purpose by the Urban Council, or within such other period as may be prescribed by the notice, to alter, repair and put the latrine or cesspit in good order in the manner required by the Council. The Council may cause such latrine or cesspit to be altered, repaired or put in good order in the manner required and the expenses incurred by the Council in respect thereof shall be paid by the owner, and shall be recoverable as hereinafter provided.

115. Penalty for persons making or altering latrines contrary to the directions or by-laws of Urban Council.

(1) If any person within any town—

(a) constructs any latrine or cesspit contrary to the directions of the Urban Council of the town, or contrary to the provisions of this Ordinance or any by-law made thereunder; or

(b) continues the use of any latrine or cesspit which has been ordered by the Council to be removed or closed; or

(c) neglects to construct, provide or maintain any latrine ordered to be constructed, provided or maintained under sections 111 and 112,

such person shall be guilty of an offence punishable with a fine not exceeding five hundred rupees.

[S 115(1) am by s 20 of Act 48 of 1984.]

(2) In any case failing within paragraph (a) or paragraph (h) of subsection (1), the Council shall cause such alteration to be made in the latrine or cesspit as it may think fit; and the expenses thereof shall be paid by the person by whom such latrine or cesspit was improperly constructed or made, and shall be recoverable from him, as hereinafter provided.

116. Inspection of latrines.

(1) The Urban Council of a town or any officer authorised by the Council for that purpose may. subject to the other provisions of this Ordinance, inspect any latrine or cesspit within the town, and may for that purpose at any time enter upon any house, building or land, with such assistants and workmen as are necessary, and cause the ground to be opened, where such Council or officer may think fit, doing as little damage as may be.

(2) If upon any inspection under subsection (1) it appears that any latrine or cesspit is not in good order and condition, or that it has been constructed after the date of the constitution of the Council in any manner contravening the provisions of this Ordinance or the by-laws made thereunder or contrary to the directions of the Council, the expenses of such inspection shall be paid by the person to whom such latrine or cesspit may belong, and shall be recoverable as hereinafter provided.

(3) If any latrine or cesspit is found to be in proper order and condition, and not to have been constructed in contravention of the provisions of this Ordinance or of the by-taws made thereunder or the directions of the Council, the Council or the authorised officer of the Council shall cause the ground to be closed and made good as soon as may be, and the expenses incurred thereby shall in that case be defrayed by the Council.

117. Power of Urban Council to direct removal of latrine or closure of cesspit.

(1) The Urban Council of a town or any officer authorised by the Council for that purpose may, by written notice require the owner or occupier of any house or building or land within the town, on which is situated a latrine or cesspit which in the opinion of the Council or the officer, is structurally defective or unsuitable for the purpose to which it is put, or is liable to give rise to a nuisance, to repair, alter, reconstruct or remove the latrine or cesspit, or to substitute an earth-closet therefor.

(2) If any owner or occupier neglects for a period of one month after service of notice in that behalf under subsection (1), or within such other period as may be specified in the notice, to repair, alter, reconstruct or remove the latrine or cesspit, to which the notice relates, or to substitute an earth-closet therefor, he shall be guilty of an offence punishable with a fine, not exceeding five hundred rupees.

[S 117(2) am by s 21 of Act 48 of 1984.]

(3) The Urban Council or the authorised officer may cause the latrine or cesspit referred to in subsection (2) to be repaired, altered, reconstructed or to be removed and an earth-closet to be substituted therefor, and the expenses incurred by the Council or the officer in respect thereof shall be paid by the owner, and shall be recoverable as hereinafter provided.

Conservancy and Scavenging

118. Duty of Council as to conservancy and scavenging.

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

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

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

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

119. All refuse collection to be the property of Council.

All street refuse, house refuse, night-soil or other similar matter collected by any Urban Council under the provisions of this Part shall be the property of the Council, and the Council shall have full power to sell or dispose of all such matter.

120. Places for disposal of refuse and for keeping equipment.

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

InSanitary Buildings

121. Duty of Council as to insanitary buildings.

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

122. Power of Council as to existing buildings.

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

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

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

123. Overcrowding of houses.

Whenever it appears to the Urban Council of any town, that any house within the town is so overcrowded as to be dangerous or prejudicial to the health of the occupiers thereof, or of the neighbourhood, and the occupiers consist of more than one family, the Council shall cause proceedings to be taken before the Magistrate’s Court having jurisdiction to abate such overcrowding, and the court shall thereupon make such order as it may think fit; and each of the persons permitting such overcrowding shall be guilty of an offence punishable with a fine not exceeding one hundred rupees for each day after the date of such order during which such overcrowding shall continue.

[S 123 am by s 22 of Act 48 of 1984.]

124. Power of Council to inspect and lime wash houses.

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

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

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

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

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

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

Nuisances

126. Inspection of nuisances.

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

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

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

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

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

127A. Nuisance by child.

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

[S 127A ins by s 23 of Act 48 of 1984.]

127B. Public bathing places.

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

(2) Every person who bathes, washes or does any act contrary to subsection (1) shall, be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees.

[S 127B ins by s 23 of Act 48 of 1984.]

127C. Pollution of streams which flow into reservoirs or waterworks.

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

[S 127C ins by s 23 of Act 48 of 1984.]

127D. Pollution caused by factories.

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

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

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

(b) that operations in such factory shall cease.

[S 127D ins by s 23 of Act 48 of 1984.]

127E. Power of Chairman of an Urban Council in regard to trees or branches, trunks or fruits of trees endangering the safety of person property.

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

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

For the purposes of section 127B, section 127C and section 127D “pollution” means any direct or indirect alteration of the physical, thermal, chemical, biological or radioactive properties of any part of the environment by discharging, emitting or depositing wastes so as to effect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety or welfare or to animals, birds, wildlife, fish or aquatic life, or to plants.

[S 127E ins by s 23 of Act 48 of 1984.]

128. Licensing of slaughterhouses.

(1) No place in any town, other than a place provided by the Urban Council of that town, shall be used as a slaughterhouse, unless a licence for the use thereof as a slaughterhouse has been obtained from the Chairman of the Council, who is hereby empowered at his discretion, from time to time, to grant such licence and such licence to suspend or revoke as to him may seem necessary.

(2) Every person who uses as a slaughterhouse any place (other than a place provided by the Urban Council) which is not licensed under subsection (1), or in respect of which any licence given has been suspended or revoked, shall be guilty of an offence punishable, with a fine not exceeding six hundred rupees and with a further fine not exceeding five hundred rupees for every day during which such offence is continued after notice has been served upon him by the Chairman requiring him to discontinue the use of such slaughterhouse.

[S 128(2) am by s 14 of Act 61 of 1981.]

128A. Closure order by Magistrate.

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

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

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

[S 128A ins by s 15 of Act 61 of 1981.]

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