ESTATE ROADS ORDINANCE

Arrangement of Sections

CHAPTER I

PRELIMINARY

1. Short title.

CHAPTER II

CONSTRUCTION OF ESTATE ROADS

2. Application for construction of road.

3. The Director of Works to define limits of district on appointed day or at any adjourned meeting next time.

4. Sums assessed for construction to be recovered in manner hereinafter provided.

5. Proprietors to be called upon to declare whether they desire to bring District under the Ordinance. If no agent, requisition to be affixed.

6. If proprietors of two-thirds of acreage assent, Director of Works to forward application to Minister with report.

7. Director of Works to appoint assessors.

8. Construction of roads to be sanctioned by Minister and proprietors to be liable for their contribution.

CHAPTER III

DIRECTORS OF WORKS AND LOCAL COMMITTEES

9. Director of Works to convene meeting for election of local committee.

10. Proceedings at election.

11. Members to hold office for two years. Proceedings in case of vacancy.

12. Biennial meeting for election of local committee.

13. Appointment of Chairman.

14. Majority of members to decide all questions.

15. If members not elected, the Director of Works may nominate a local committee.

16. Local committee to convene meetings to determine the assessment of Estates and report to Director of Works.

17. Director of Works to determine objections to assessment proposed by local committee and to determine proportion due by each Estate.

18. Exemption from assessment of uncultivated and abandoned lands.

19. Application of moneys recovered.

20. Moneys to be vested in local committees.

CHAPTER IV

COMPLETION AND REPAIR OF ESTATE ROADS

21. If amount of first estimate prove insufficient, further estimates are to be made, and the rates payable by the Estates to be assessed in like manner as the original rates.

22. Further rates for repairs or improvements.

CHAPTER V

RECOVERY OF SUMS ASSESSED

23. Procedure for recovery of money due from defaulting proprietor.

24. When may Estate be sold for recovery of money due from defaulting proprietor.

25. Defaulting proprietors made liable in interest.

26. Keeping a person in charge of property seized.

27. Cost and charges of seizure and sale.

28. Return of overplus to owner.

29. Certificate of sale.

30. Director of Works liable for damages.

CHAPTER VI

GENERAL PROVISIONS

31. Director of Works to keep a register of names of proprietors and agents.

32. Appeal to Minister against decisions or orders under sections 3, 17, 18, 21, 22, or 33.

33. Costs.

34. Government grant may be made subject to conditions.

35. Proprietor may be represented by resident manager or agent.

36. Certain roads may be brought under the provisions of this Ordinance.

37. Bridges and roads may be brought under the provisions of this Ordinance.

38. Any two or more Districts may be combined and amalgamated.

39. Decision of Director of Works final as to the use of a road.

40. Saving clause.

41. Exercise of powers and functions.

42. Interpretation.

43. Ordinance not to apply to land cultivated with paddy or other grain.

SCHEDULE

12 of 1902,

14 of 1907,

19 of 1910,

37 of 1973.

11 of 1951.

AN ORDINANCE to provide for the construction, upkeep, and repair of Estate Roads.

[Date of Commencement: 15th July, 1902]

CHAPTER I

PRELIMINARY

1. Short title.

This Ordinance may be cited as the Estate Roads Ordinance.

CHAPTER II

CONSTRUCTION OF ESTATE ROADS

2. Application for construction of road.

(1) The proprietors of any two or more estates situated in the same locality, to which there is no available thoroughfare or branch road leading from some convenient principal thoroughfare, may make application in writing to the Director of Works of the region in which such estates are situated that the provisions of this Ordinance be extended to the said locality, and such application shall set forth, so far as the same may be ascertained, the following particulars—

(a) the description of the locality;

(b) the names of all the estates therein;

(c) the names of the proprietors, or if they be absent from Sri Lanka, of the resident manager or superintendent, and of the agents, if any, of each estate;

(d) the acreage of each estate, so far as it is known, with the extent of land under cultivation;

(e) the estimated length in miles of the road required to be made to connect the said estates with the most convenient principal thoroughfare;

(f) the description of the road required.

(2) All applications shall be accompanied, if considered necessary by the Director of Works, by a plan and section of the proposed road drawn to a reasonable scale, and an estimate in detail showing the estimated cost of each half mile of the road.

(3) In any case where the estates fall within two regions, the Minister may by Notification published in the Gazette authorise the Director of Works of any such region to exercise in that case the powers conferred by this Ordinance.

[S 2 Subs by s 8 of Law 37 of 1973.]

3. The Director of Works to define limits of district on appointed day or at any adjourned meeting next time.

The Director of Works empowered to vary or alter limits, if occasion arise.

On receipt of such application the Director of Works shall, by publication in two consecutive numbers of the Gazette and by such other means as he may think necessary, give notice of his intention to define the limits of the district, the estates in which will, if the proposal for the construction of such estate road under the provisions of this Ordinance be assented to by the proprietors of two-thirds of the acreage in such district, be assessed for the construction and maintenance of such road. In such notice the Director of Works shall appoint the time and place at which he will take evidence, if necessary, and receive and consider objections, and after making such inquiry as he may deem requisite, and considering any such objection, shall proceed to define the limits of such district; or if need be, shall adjourn such meeting as or at any adjourned meeting often as he considers necessary to any day or days to be fixed by him, when he shall upon such adjourned meeting define the limits of such district. And it shall be competent to the Director of Works from time to time, if occasion arise, to alter and vary such limits so as to Include such estates as may have been newly opened or may have been inadvertently or otherwise excluded, or if he considers just, to exclude any estate which may have been erroneously included:

Provided, however, that the Director of Works shall, by publication in two consecutive numbers of the Gazette and by such other means as he may think necessary, give notice of his intention to alter and vary the limits of any district, and shall in such notice appoint the time and place for hearing objections, if any, in the same manner as is herein provided for in the case of the original definition of a district; and the limits so altered shall thereupon be the limits of such district as if they had been originally defined, and the estates included within such limits, altered as aforesaid, shall become bound and be liable to be assessed for the upkeep and repair of such estate roads as if they had been orginally included within such district.

4. Sums assessed for construction to be recovered in manner hereinafter provided.

It shall be competent to the Director of Works to call upon the proprietor or resident manager of any estate included within such limits so altered as aforesaid to pay the sum which he would have been liable to pay had such estate been originally assessed for construction of such road as well as such sums as may be assessed for the repair and upkeep of such road from such time as such estate began to use such road, and in default of payment of any such sum the same shall be recovered in manner hereinafter provided for the recovery of sums assessed:

Provided that the proprietor of any estate or part of an estate formed out of land purchased from the State after such estate road shall have been constructed shall be liable to pay only such sum as may be assessed for the repair and upkeep of such road.

5. Proprietors to be called upon to declare whether they desire to bring district under the Ordinance. If no agent, requisition to be affixed.

Upon the limits of the district being defined as aforesaid, the Director of Works shall transmit to the proprietor (or, in case of his absence from Sri Lanka, to the resident manager or superintendent, or if there be no resident manager or superintendent, to the agent, if any, in Sri Lanka, of the proprietor) of every estate within the limits of such district, so defined as aforesaid, a requisition calling upon him to declare in writing within such time as shall be therein specified, whether he desires that the provisions of this Ordinance should be extended to such district for the purpose of the construction therein of an estate road. Such requisition shall be in the form A in the Schedule or as near thereto as may be. If there be no known agent, the Director of Works shall cause such requisition to be affixed to some conspicuous part of the estate, and published in two consecutive numbers of the Gazette. If no answer be received at the office of the Director of Works within the time limited by such requisition, the person to whom the same was forwarded shall be deemed to have assented to the proposal referred to therein.

6. If proprietors of two-thirds of acreage assent, Director of Works to forward application to Minister with report.

If it shall appear to the Director of Works from the replies to such requisition or otherwise, that the proprietors of at least two-thirds of the acreage in any such district are desirous that the provisions of this Ordinance should extend and be applied to the said district for the purpose of constructing therein an estate road, he shall forthwith forward the application to the Minister, together with his report as to the necessity for the said road and as to the direction and terminus which he recommends as best adapted for the general convenience of the district, and thereupon it shall be lawful for the Minister to approve of the construction of such road.

7. Director of Works to appoint assessors.

(1) Upon the receipt of the Minister's approval it shall be lawful for the Director of Works to appoint two assessors by writing under the hand of the Director of Works. The assessors so appointed shall, upon the receipt of such appointment, forthwith issue a notice to the person in charge of each of the estates through which the proposed estate road will pass, that they will, on a day to be named in such notice, visit such estate and summarily inquire into the value of the land belonging to such estate to be taken over for the construction of the proposed road, and shall fix the amount of compensation to be paid to the proprietor of any such estate therefor.

(2) The assessors so appointed shall, when fixing the amount of compensation to be paid to any proprietor, at the same time fix and determine the equivalent in money of any benefit which will accrue to such estate by the construction of the proposed road:

Provided, however, that in no case shall the assessors fix the money equivalent of such benefit at a larger amount than the sum fixed as compensation for land taken over from such estate for the construction of the proposed road.

(3) The decisions of the assessors as to the amount to be paid as compensation for the land acquired from, and as to the amount fixed as the money equivalent of the benefit accruing to, any estate by the construction of the proposed road shall be respectively subject to an appeal to the Director of Works, who may affirm or disallow the same respectively, and the Director of Works may, if he thinks fit, send the same back to the assessors to reassess the same, or he may appoint an additional assessor or fresh assessors for this purpose, and such reassessment shall be subject to a like appeal, and every such decision not appealed from within the time hereinafter provided, or when affirmed by the Director of Works on appeal, shall be final, and shall bind the proprietor of the estate in respect of which such decision has been made.

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