Conversion of Estate Roads into Public Roads Act

Arrangement of Sections

1. Short title.

PART I

PUBLIC ROAD ORDERS

2. Public road orders.

3. Appeal from a public road declaration.

4. Effect of a public road order.

5. Determination of the question whether protective measures are required in respect of an estate affected by a public road order and, if so, their reasonable cost, and the tender and payment thereof.

6. Determination of Government's contribution to cost of maintenance of a road which becomes a public road by virtue of a public road order.

7. Maintenance of public roads by owners of estates.

PART II

GENERAL

8. Payment of sums due to a minor or a person of unsound mind.

9. Sums which cannot be paid to persons to whom such sums are due.

10. Certain provisions of Land Acquisition Act to apply in the case of appeals to the Board of Review.

11. Regulations.

12. Delegation of powers and duties of the Secretary to the Ministry charged with the subject of Highways.

13. The Thoroughfares Ordinance to apply subject to the provisions of this Act.

14. Interpretation.

37 of 1973,

18 of 1956.

AN ACT to enable the compulsory conversion of any Estate Road into a public road if the public interest necessitates it, and to provide for matters connected with, or incidental to such conversion.

[Date of Commencement: 17th February, 1956]

1. Short title.

This Act may be cited as the Conversion of Estate Roads into Public Roads Act.

PART I

PUBLIC ROAD ORDERS

2. Public road orders.

(1) Where the Minister decides that any estate road should, in the public interest, be compulsorily converted into a public road, the appropriate road authority shall by written order, hereinafter referred to as a "public road order”—

(a) declare—

(i) that such estate road shall be a public road; and

(ii) if any estate land is required for the purpose of the widening, extension or diversion of such road, that such estate land shall be a road reservation for that purpose; and

(b) determine. After consultation with the Secretary to the” Ministry in charge of the subject of highways, whether the responsibility for the maintenance of that road shall be imposed on the Director of works or the owner or owners of the estate affected by the order.

[S 2(1)(b) subs by s 11 of Law 37 of 1973.]

(2) The declaration made under paragraph (a) of subsection (1) is hereinafter referred to as a "public road declaration”.

(3) Where a public road order is made, the appropriate road authority shall cause to be sent by registered post—

(a) to the person for the time being in charge of the estate affected by that order; and

(b) to the owner or each owner of such estate if he is a resident of Sri Lanka and his address is known, a copy of that order certified under the hand of such road authority and a written notice specifying the period within which the owner or any owner of such estate may appeal from the public road declaration made by that order to the board of review. Such period shall not be less than twenty-one days.

(4) A public road order shall not be in operation during the time allowed for the making of an appeal from the public road declaration made by that order. Where no appeal from that declaration is made within the time allowed therefor, that order shall come into operation on the expiry of that time, and where such an appeal is disallowed, that order shall come into operation on the day immediately following the date on which the appeal is disallowed.

(5) A public road order which is in operation shall have the force of law.

3. Appeal from a public road declaration.

Where a public road declaration is made by a public road order in respect of an estate road or an estate land, the owner or any owner of the estate to which that road or land belonged immediately before that order may, within the period specified in the notice under section 2, appeal from that declaration to the board of review.

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