COLOMBO WATERWORKS MUNICIPAL COUNCIL ORDINANCE

Arrangement of Sections

1. Short title.

2. Transfer of Ceylon Government Waterworks to Municipal Council of Colombo.

3. Power of Municipal Council to appoint Waterworks Engineer.

4. Waterworks Engineer subject to control of Mayor of Council.

5. Provision as to existing staff.

6. Payment of costs of maintaining waterworks.

7. Duty of Council to supply water Municipal limits.

8. Supply of water to Government.

9. Power of the Municipal Council to allow a private service of water.

10. When private service is allowed Council to make the connection between street waterworks pipe and the near boundary of the premises to be served.

11. Execution of works other than connections with street pipe.

12. When may owner of tenements be compelled to install private service.

13. Maintenance of waterworks.

14. Council to construct filters and other works.

15. Power of the Council to break up streets and enter private land.

16. Power to lay or enlarge water private street.

17. Power of the Council to exempt division, house, or land from charge for water.

18. Right of rate payers to free use of water from public stand-pipes for domestic purposes.

19. "Domestic purposes”, what not included in.

20. External taps.

21. Power of Municipal Council to supply water for other than domestic purposes.

22. Recovery of sums due on account of water so supplied.

23. Meters.

24. Liability of the Council for failure to supply water.

25. Power of Waterworks Engineer to enter and examine premises.

26. Penalty for suffering pipes to be out of repair.

27. Power of Waterworks Engineer to repair pipes and recover expenses.

28. Misuse of water.

29. Penalty for affixing pipe or apparatus to communication or other pipe without the consent of the Waterworks Engineer.

30. Penalty for supplying water to, or permitting it to be taken from supplied premises by, any other person belonging to the waterworks is fouled.

31. Penalty for taking or using water from reservoir.

32. Penalty for destroying or injuring works and wasting water.

33. Power of Waterworks Engineer to cut off water supply in certain cases.

34. Waterworks Engineer or his agents may enter any building or premises for cutting off water supply.

35. Penalty for fouling water.

36. Penalty for doing any act connected with any business by which the water in any stream

37. Cost of laying open pipes to abide the result of the examination.

38. Waterworks Engineer to place and maintain fire hydrant.

39. Regulations.

40. Power of the Council to alter regulations.

41. Confirmation of regulations by Minister.

42. Penalty for breach of regulations.

43. Service of notices.

44. Jurisdiction to the Municipal Magistrate or the Magistrate of Colombo to entertain prosecutions.

45. Power of Minister to appoint special officer to report in certain cases.

46. Power of Minister to council to execute any work.

47. Enforcement of order.

SCHEDULE

18 of 1907,

27 of 1914,

8 of 1915,

9 of 1916,

9 of 1918,

28 of 1921,

25 of 1928,

28 of 1930,

4 of 1932,

23 of 1942,

29 of 1947.

AN ORDINANCE to transfer the Ceylon Government Waterworks to the Municipal Council of Colombo.

[Date of Commencement: 2nd January, 1908]

1. Short title.

This Ordinance may be cited as the Colombo Municipal Council Waterworks Ordinance.

2. Transfer of Ceylon Government Waterworks to Municipal Council of Colombo.

From and after the commencement of this Ordinance the waterworks, hitherto known as the Ceylon Government Waterworks, shall belong to and be vested in the Municipal Council of Colombo (hereinafter referred to as "the Council”), and shall be known as ”The Colombo Municipal Council Waterworks”, and all tanks, reservoirs, cisterns, fountains, wells, aqueducts, conduits, tunnels, pipes, pumps, or other waterworks existing at the commencement of this Ordinance, or afterwards made, laid, or erected, and whether made, laid, or erected at the cost of the Council or otherwise, and all roads, ways, rights, servitudes, bridges, buildings, engines, works, materials, and things connected therewith or appertaining thereto, and also any adjacent land (not being private property) appertaining to any such works, shall be vested in the Council. And the Council shall have the right of breaking open the soil at any place for the purpose of using, repairing, or replacing the said pipes:

Provided that it shall with all convenient speed restore the ground broken open to its former condition.

3. Power of Municipal Council to appoint Waterworks Engineer.

The Council shall appoint a fit and proper person, who shall be called the Waterworks Engineer, to perform the duties and exercise the powers hereinafter mentioned, and such inspectors, sub-inspectors, clerks, and other officers as may be necessary: and all duties and powers hereinafter required to be performed and exercised by the Waterworks Engineer may be performed and exercised by any officer authorised thereto in writing by the Waterworks Engineer.

4. Waterworks Engineer subject to control of Mayor of Council.

In the execution of the duties and exercise of the powers conferred upon him by this Ordinance, the Waterworks Engineer shall be subject to the directions and control of the Mayor of the Council.

5. Provision as to existing staff.

The Council shall confirm the appointments of such of the officers of the Ceylon Government Waterworks holding office at the commencement of this Ordinance as are willing to take service under the Council, on such terms as shall be offered by the Council.

6. Payment of costs of maintaining waterworks.

The Council shall defray from the Municipal Fund all costs and charges in respect of the maintenance of the waterworks, and such salaries, wages, and pensions as may be earned by the staff engaged thereon or may become due to them by reason of their service under the Council.

7. Duty of Council to supply water Municipal limits.

The Council shall provide a supply of drinking water within the Municipality of Colombo, and shall for that purpose cause within such pipes to be laid, and such tanks, reservoirs, or other works to be made, as are necessary for the supply of wholesome water in the public streets of the Colombo Municipality, and shall erect in such streets convenient stand-pipes, fountains, open reservoirs, or pumps for the gratuitous use of the inhabitants of the Municipality for domestic purposes. It shall be the duty of the Council, as far as possible, to make adequate provision that such supply of water shall be continuous throughout the year, and that the water supplied shall be at all times fit for human consumption.

8. Supply of water to Government.

Subject to the provisions of section 20, the Council shall within the limits of the Municipality of Colombo provide a supply of water for the use of the Government and of the armed forces, which for domestic purposes shall be supplied free of charge, but for other than domestic purposes shall be supplied in accordance with the provisions of this Ordinance and of any regulations made thereunder relating to the supply of water for other than domestic purposes.

9. Power of the Municipal Council to allow a private service of water.

The Council may, on application by the owner or occupier of any house, allow a private service of water to such house for domestic purposes, in such quantities and under such conditions as the Council shall deem reasonable.

10. When private service is allowed Council to make the connection between street waterworks pipe and the near boundary of the premises to be served.

When a private service is allowed, the Council shall make the necessary connection between the street waterworks pipe and the boundary of the street as near as conveniently may be to the premises to be served, but the cost of such connection and of all further piping and of all internal fittings requisite for such private service shall be borne by the owner or occupier;

Provided, however, that no connection shall be made with the street waterworks pipe until the cost thereof, as estimated by the Waterworks Engineer, shall have been deposited with the Council, and until all the private piping and internal fittings requisite for the private service shall have previously been erected and completed to the satisfaction of the Waterworks Engineer.

11. Execution of works other than connections with street pipe.

The works, other than the connection between the street waterworks pipe and the boundary of the street as near as conveniently may be to the premises to be served, necessary for such private service, and all future repairs, extensions, and alterations of such works, shall in every case be in accordance with the regulations contained in the Schedule and such further regulations as shall, from time to time, be made in that behalf by the Council with the consent of the Minister, and shall be executed by the Waterworks Engineer, or, if the owner or occupier applying for the private service so desires, by a plumber licensed by the Council and employed by the owner or occupier. Every such plumber shall, while so employed, be subject to the orders of the Waterworks Engineer and shall complete such works or such repairs, extensions or alterations to the satisfaction of the Waterworks Engineer.

If the said works, or the repairs, extensions, and alterations of the same shall be executed by the Waterworks Engineer, the expense thereof, when certified under the hand of the Waterworks Engineer, shall be defrayed by such owner or occupier, and the same may be recovered by the Council as if it were a tax payable under the Municipal Councils Ordinance and any existing or future amending enactments, and when recovered shall be accounted for as the Council may direct.

12. When may owner of tenements be compelled to install private service.

(1) Where it appears to the Mayor that any tenement-house or range of tenements capable of being occupied by thirty or more persons within the Municipal limits is without a proper service of water, and that the necessary arrangements for such a service (in so far as these are not required to be made by the Council) can be made at a reasonable cost, the Mayor may give notice in writing to the owner of such tenement-house or range of tenements requiring him within a time therein specified to obtain such proper private service, and to execute all such works as may be incumbent upon him for the purpose.

(2) If such notice is not complied with within the time specified, the Mayor may cause the work to be executed and costs thereof recovered in the manner prescribed by section 11.

13. Maintenance of waterworks.

The Council shall cause all public tanks, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps, fountains, and other works used for the supply of water and vested in the Council by this Ordinance to be maintained and supplied with water, as well as any further works which may be constructed by the Council for such purpose.

14. Council to construct filters and other works.

The Council may, from time to time, construct filters, tanks, aqueducts, or other works for bringing wholesome water into the Municipality of Colombo for the use of the inhabitants.

15. Power of the Council to break up streets and enter private land.

(1) The Council in laying down any pipes for the water supply of the Municipality may, if they consider it necessary, carry such pipes through, across, or under any street or any place laid out or intended for a street, or under any building, or through any cellar or vault, or into, through, or under any enclosed or other land whatsoever. The Council shall, in every such case, give two calendar months' notice of their intention so to do to the owner of the property affected by such work, and shall on completion of the work pay to him reasonable compensation for any loss or damage sustained by him by reason of the carrying out of any work authorised by this section. If any dispute arises as to the amount or apportionment of such compensation, such amount or apportionment shall be summarily ascertained and determined by the Judge of the Primary Court of Colombo, whose decision shall be subject to an appeal to the Court of Appeal.

(2) Every such appeal shall be presented within the time and in the manner and subject to the rules and practice provided for and observed in appeals from orders of Primary Courts in their ordinary jurisdiction.

16. Power to lay or enlarge water private street.

(1) If any private street has been constructed to which one or more houses have access, the Council may, after having passed a resolution to that effect, lay, enlarge, or extend a water main along such private street of such dimensions as may be necessary, and may apportion the whole or part of the cost of the laying, enlarging, or extending such main among the owners of the premises fronting upon, adjoining, abutting, or having access to, or deriving any degree of benefit from, such main according to the areas of the respective premises which may derive, or be so situated as to derive, any such benefit from the laying, enlarging, or extending of the said main.

(2) The initial cost of laying, enlarging, or extending such main shall be borne by the Council, and the property in the said main shall remain in the Council.

(3) The sums apportioned for payment by the owners of the respective premises shall be made a charge upon such premises, and may be recovered as if the same were a rate upon a private water service being granted to such premises; and no private service shall be granted to such premises until the sum apportioned in respect thereof has been paid or an engagement to pay the same be made with the Council as hereinafter provided.

(4) When any premises in any such private street has an already existing supply of water from the Council's mains by private pipes, the Council may, whenever it shall become necessary to take up such private pipes for cleaning or renewal, call upon the owner to connect with the new main.

(5) The Council may, if it is thought fit, on the application of an owner of any such premises, take an engagement from the said owner for the payment by installments of such sums as will be sufficient to defray the whole amount of the sum apportioned for payment by the said owner, with interest thereon not exceeding the rate of nine per centum per annum, within a period not exceeding five years, and such sums when due may be recovered by the same process by which rates may be recovered under the Municipal Councils Ordinance.

(6) —

(a) In any case where any existing main has been laid in any private street at the expense of any private person, it shall be lawful for such person to recover from the owner or owners of any property fronting upon, adjoining, abutting on, or having access to such private street, who shall apply to the Council for a private service of water, such an apportionment of the cost of the laying of the said main as may be determined by the Mayor in proportion to the frontage of the premises abutting on such street.

(b) No person shall be permitted to make a connection with any such main until he has paid or given a guarantee for the payment of such apportionment to the satisfaction of such private person.

(7)—

(i) When any premises fronting upon, adjoining, abutting on, or having access to any such private street has an existing supply of water from the Council's mains by private pipes other than the main which has been laid at the cost of any private person aforesaid, the owner of such premises may be permitted to use such pipes until such time as it shall become necessary to take up such pipes for cleaning or renewal.

(ii) When it shall become necessary to take up such pipes for cleaning or renewal, the owner of the said premises shall not be permitted to re-lay such pipes in their former position, but shall connect them with the main in the private street laid by the private person aforesaid, and shall, before any connection is made therewith, pay such apportionment of the cost of laying the aforesaid main as shall be determined by the Mayor in proportion to the frontage of the premises abutting on such street.

(8) All mains laid in any private street shall vest in the Council, and the cost of their maintenance, renewal, and repair shall be borne by the Council.

(9) Subject to the provisions of subsection (10), any apportionment, made under subsection (1), of the cost of laying, enlarging or extending any main, may be revised by the Council at any time after the date of the completion of the work of laying, enlarging or extending such main.

(10) The power given to the Council in subsection (9) to revise any apportionment shall not be deemed to include the power to increase the sum which any owner is liable to pay under such apportionment.

17. Power of the Council to exempt division, house, or land from charge for water.

The Municipal Council may, with the consent of the Minister, from time to time, by notification in the Gazette, exempt any division or part of a division of the or Municipality, or any house, land, or tenement in which the general facilities afforded by the water supply are not fully available, from the payment of the water-rate, if any, leviable under the provisions of the Municipal Councils Ordinance, or of such proportion of the consolidated rate leviable under the said Ordinance as may be assessed in respect of such water supply and may also, from time to time, revoke such exemption by like notification.

18. Right of rate payers to free use of water from public stand-pipes for domestic purposes.

Every person paying the water or consolidated rate leviable under the provisions of the Municipal Councils Ordinance shall be entitled to have, free of further charge in respect thereof, a supply of water from the public stand-pipes for the domestic use of himself and his household.

19. "Domestic purposes”, what not included in.

A supply of water for domestic "Domestic” purposes shall not include a supply of water for horses or cattle or for washing vehicles, where such horses, cattle, or vehicles are kept for sale or hire, or a supply for any trade, manufacture, or business, or for fountains or swimming baths, or for any ornamental or mechanical purpose, or for purposes of irrigation,

120. External taps.

(1) Where a person who is provided with a supply of water for domestic purposes or is allowed a private service of water for such purposes desires to use the water for horses or cattle or for washing vehicles, the Council may, if such water is supplied through an external tap, charge for such supply (except where the water so used is taken by meter) such sum as the Council may, from time to time, by regulation prescribe.

(2) Where water supplied by the Council to a person who takes a supply both for domestic purposes and by meter for other than domestic purposes is used by him by means of an external tap for horses or cattle or for washing vehicles, the Council may require that all water used by means of such tap shall be taken by meter and paid for at the rates for the time being in force for the supply of water by meter.

(3) Any sum chargeable under this section may be recovered as if it were a tax imposed under the Municipal Councils Ordinance.

(4) In this section-

"horses”, ”cattle” or "vehicles” does not include horses, cattle, or vehicles which are kept for sale or hire;

"external tap” means any tap fixed outside any building or in any garage, stables or other premises where horses, cattle or vehicles are kept;

"person” includes the Government and the armed forces.

121. Power of Municipal Council to supply water for other than domestic purposes.

The Council may agree with any person to supply water by meter or otherwise for other than domestic purposes, in such manner and in such quantities, on such terms, and subject to such conditions and to such regulations as may from time to time be determined and made by the Council.

122. Recovery of sums due on account of water so supplied.

All sums due on account of any water supplied under section 21 shall, when certified by the Waterworks Engineer, be recovered by the Council as if the same were a tax under the Municipal Councils Ordinance, and any existing or future amending enactments, and shall be accounted for as the Council may direct under the regulations hereto.

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NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


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IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


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OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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