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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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.

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:—

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

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

[S 5(1) subs by s 8 of Act 21 of 2012.]

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

[S 5(2) subs by s 8 of Act 21 of 2012.]

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

[S 5 subs by s 116 of Law 24 of 1977.]

Elections and date of commencement of terms of office of urban councils, etc

[Subs by s 117 of Law 24 of 1977.]

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 he 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.

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