BOTANIC GARDENS ORDINANCE

Arrangement of Sections

1. Short title.

2. Interpretation.

3. Regulations.

4. Penalty and powers of arrest.

5. Curators and watchers.

6. Procedure.

SCHEDULES

31 of 1928,

32 of 1973.

AN ORDINANCE to provide for the management, administration and control of Botanic Gardens.

[Date of Commencement: 16th November, 1928]

1. Short title.

This Ordinance may be cited as the Botanic Gardens Ordinance.

2. Interpretation.

(1) In this Ordinance, unless the context otherwise requires—

"botanic garden” includes the Royal Botanic Gardens at Peradeniya, the Botanic Gardens at Hakgala, and the Botanic Gardens at Heneratgoda (Gampaha), the boundaries of which are set out in the First Schedule, and any additions which may from time to time be made to any such gardens, and notified in the Gazette;

"curator” means the officer for the time being in charge of any botanic garden and includes an assistant curator;

"Director of Agriculture” means the officer for the time being in charge of the Department of Agriculture created by the Department of Agriculture Ordinance;

"watcher” means any uniformed person appointed to guard and watch over any botanic garden.

(2) The Minister may also by notification in the Gazette declare any area or garden other than the gardens mentioned in subsection (1) which has been, or shall at any time hereafter be, acquired or appropriated by the Government for any experimental cultivation or for the cultivation of any vegetable product under the direction of the Director of Agriculture, to be a botanic garden for the purpose of this Ordinance, and may specify the boundaries thereof.

3. Regulations.

(1) It shall be lawful for the Minister by notification in the Gazette to make regulations for any or all of the following purposes—

(a) for the management, administration, and control of any botanic garden;

(b) for fixing the hours of opening and closing any botanic garden and the hours at or during which the public shall be prohibited access thereto;

(bb) for the levying of a fee or charge, subject to such limitations and exemptions as may be made, for admission to any botanic garden;

[S 3(1)(bb) ins by s 2 of Law 32 of 1973.]

(c) for regulating the conduct of persons employed in any botanic garden or resorting thereto;

(d) for prohibiting, restricting, and regulating the use of any botanic garden by animals, motorcars, carts, carriages, jinrickshas, and bicycles;

(e) for declaring what portion or portions of any botanic garden shall be deemed to be a private ground attached to residences therein or required for nurseries or other administrative purposes and not accessible to the public except by the special permission of the curator duly authorised by the Director of Agriculture in that behalf; and

(f) for prohibiting and preventing interference with, or damage to, or destruction of, trees, plants, shrubs, fruits, gates, fences, or other things within or about any botanic garden.

(2) The regulations in the Second Schedule shall be deemed to have been made under this Ordinance, and may be amended, altered, or rescinded by regulations made under this Ordinance.

(3) All regulations made under this Ordinance shall be laid, as soon as conveniently may be, on the table of Parliament at two successive meetings of Parliament, and shall be brought before Parliament at the next subsequent meeting held thereafter by a motion that the said regulations shall not be disapproved, and if upon the introduction of any such motion, or upon any adjournment thereof, the said regulations are disapproved by Parliament, such regulations shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to anything already done thereunder; and such regulations, if not so disapproved, shall continue to be of full force and effect. Every such disapproval shall be published in the Gazette.

(4) Copies of all regulations made or deemed to be made under this Ordinance, printed in Sinhala, Tamil and English, shall be kept posted at the main entrance of the botanic garden to which they apply, and in such other places in the garden as may be deemed necessary by the Director of Agriculture.

4. Penalty and powers of arrest.

(1) Every person who contravenes any of the provisions of this Ordinance or of the regulations made or deemed to be made thereunder shall be guilty of an offence and shall upon summary conviction by a Magistrate be liable to a fine not exceeding fifty rupees.

(2) Every person who is accused, in the presence of a curator or watcher, of committing a breach of any of the regulations made or deemed to be made under this Ordinance shall on demand give his name and address to such curator or watcher.

(3) Every such person who refuses so to give his name and address, may be arrested by such curator or watcher in order that his name and address may be ascertained, and shall within twenty-four hours of his arrest, exclusive of the time necessary for the journey, be taken before the nearest Magistrate, unless in the meantime his name and address have been given by him, in which case such person shall be forthwith released on his executing a bond for his appearance before a Magistrate if so required.

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