| |
|
| |
|
AN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW RELATING TO VILLAGE COMMUNITIES.
|
|
|
| |
|
|
[1st November
, 1924 ]
|
|
Short title.
|
1. This Ordinance may be cited as the Village Communities Ordinance.
|
|
Application of Ordinance to divisional revenue officers’ divisions.
|
2.
|
(1) It shall be lawful for the Minister by Order1 published in the Gazette, to declare that any divisional revenue officer’s division or any part thereof shall, from a date to be named therein, be brought within the operation of this Ordinance.
|
|
(2) On such Order [1] being published as aforesaid, such division or part thereof shall, from the said date, be within the operation of this Ordinance.
|
|
Subdivision of divisions into village areas.
|
3. Every divisional revenue officer’s division or part thereof brought within the operation of this Ordinance shall be subdivided into village areas consisting of one or more villages or groups of villages in such manner as the Minister may, by Order [1] published in the Gazette, appoint :
|
|
Provided that, where, in the opinion of the Minister,[1] it is unnecessary that any such division or part thereof should be subdivided in manner aforesaid, the Minister [1] may, if he thinks fit, by Order [1] published in the Gazette, declare that such division or part thereof shall not be subdivided, and in such case such division or part thereof shall be deemed to be a village area within the meaning of this Ordinance.
|
Application of Ordinance to Urban and Town Council areas.
[ 4, 60 of 1938.]
|
[ [ 57, 12 of 1945.]
|
|
4. For the purpose of giving to a Rural Court jurisdiction over an urban area within the administrative limits of an Urban Council or Town Council, any such urban area may, subject to the requirements of section 2 of the Rural Courts Ordinance, by Order [1] under the provisions of this Part of this Ordinance, be brought within the operation of this Ordinance and be included in any village area :
|
|
Provided that –
|
|
(a) no inhabitant of any such urban area shall be qualified to vote at any election of a member of the Village Committee of that village area, or to be elected or to sit or to vote as a member of such Committee ;
|
[2, 54 of 1942.]
|
[ [5 2, 17 of 1947.]
|
|
(b) no inhabitant of such urban area shall be liable to pay –
|
(i) any rate or tax imposed and levied by the Village Committee under section 37, section 39, or section 40 ; or
|
|
(ii) any licence duty imposed and levied by the Village Committee under section 38 ;
|
|
|
(c) no by-law made or deemed by virtue of any written law to have been made under this Ordinance shall have any operation in any such urban area; and
|
|
(d) section 31 shall not apply to any property belonging to the Urban Council or Town Council.
|
|
Alteration of boundaries and extent of village areas.
|
5.
|
(1) For the purposes of this Ordinance the Minister [1] may, from time to time, by Order [1] published in the Gazette-
|
(i) alter and redefine the limits of any village area;
|
|
(ii) divide any village area into two or more village areas ;
|
|
(iii) amalgamate two or more village areas or portions thereof ;
|
|
(iv) constitute new village areas.
|
|
|
(2) Anything in this Ordinance to the contrary notwithstanding, the Minister1 may, by Order1 published in the Gazette, provide from time to time for all matters which he may deem to be necessary to give effect to any alteration, definition, division, amalgamation or constitution made under subsection (1), including –
|
(a) the dissolution of any Village Committee existing in any village area concerned and the election of such fresh Committee or Committees as may be necessary ;
|
|
(b) the continuance or the application of the by-laws in force in any village area concerned or any part thereof at the time of the Order1 under subsection (1) ;
|
|
(c) the transfer, apportionment and adjustment or the property, rights, debts, liabilities and obligations of the Village Committee of any of the village areas concerned ;
|
|
(d) the extension, curtailment or redefinition of the territorial jurisdiction of any Rural Court established in the divisional revenue officer’s division or part thereof in which any of the village areas concerned is situated ;
|
|
|
(e) the collection and levy of rates, taxes, tolls, penalties, fines and other sums of money which may be or become due to the Village Committee of any of the village areas concerned ;
|
|
(f) pending contracts and legal proceedings to which the Village Committee of any of the areas concerned may be a party.
|
|
|
Orders to be laid before Senate and the House of Representatives.
|
6. Every Order1 made under the provisions of this Part of this Ordinance shall be laid before the Senate and the House of Representatives [1] as soon as conveniently may be, and may, at any time within forty days of its being so laid before the Senate or House of Representatives,1 or at any of the three meetings of the Senate or House of Representatives [1] next succeeding such date, by resolution of the Senate or House of Representatives,[1] be disallowed, but without prejudice to anything that may have been done thereunder.
|
|
| ELECTION OF VILLAGE COMMITTEES |
Village Committee to be constituted for each village area.
|
7. A Village Committee in accordance with the provisions of this Ordinance shall be constituted for each village area.
|
Wards and representation.
|
8.
|
(1) For the purposes of the election of the Village Committee every village headman’s division in a village area shall be deemed to be a ward of that area :
|
|
Provided, however, that no village headman’s division or part thereof which is within the limits of any area to which section 4 applies shall be deemed to be a ward or part of a ward for the purposes of this section ; and
|
|
|
Provided further that the Minister1 may, by Notification published in the Gazette, subdivide any such village headman’s division or the combined area of two or more such divisions into two or more wards, or amalgamate two or more village headmen’s divisions or any portions thereof into one single ward, with such limits as may be specified in the Notification, and thereupon each such subdivision or amalgamated division shall be deemed to be a ward within the meaning of this section.
|
|
(2) Each of the wards of a village area within the meaning of this section shall be entitled to return one member to the Village Committee for that area.
|
|
First general election of members.
|
9. Where a Village Committee is to be constituted for any village area 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 Committee.
|
Commencement of term of office of Village Committee and date of constitution of such Committee.
|
10. The term of office of a Village Committee to be constituted for any village area under this Ordinance shall commence on such date as the Minister1 may appoint by Order published in the Gazette. Such date shall be deemed to be the date of the constitution of the Committee for all the purposes of this Ordinance, and the Committee shall be deemed to be duly constituted on that date notwithstanding that a member has not been elected for any ward of that area.
|
Term of office of the members elected at the first and each subsequent general election.
|
11.
|
(1) The term of office of each member of a Village Committee elected at a general election shall commence –
|
(a) in the case of the first general election, on the date specified by the Minister [1] by Order under section 10 ; and
|
|
(b) in the case of any general election subsequent to the first general election, on the first day of July next succeeding the date of the election or on such other date as the Minister [1] may appoint by Order published in the Gazette.
|
|
|
|
(2) The term of office of each member of a Village Committee elected at the first or any subsequent general election shall expire on the last day of June of the third year after such election or on such other date as may be appointed by the Minister under subsection (3).
|
|
|
(3) The Minister may by Order published in the Gazette –
|
(a) curtail the term of office referred to in subsection (2) by appointing, in substitution for the last day of June of the year specified in that subsection, the last day of any month in that year or in the year immediately preceding that year ; and
|
|
(b) extend such term by appointing, in substitution for the last day of June of the year specified in subsection (2) or the day appointed under paragraph (a) of this subsection, the last day of any month 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, the last day of any month in any year subsequent to the year specified in that Order :
|
|
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 twenty-four months.
|
|
|
Subsequent general elections.
|
12. Where the term of office of the members elected at the first or any subsequent general election is due to expire under section 11, 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 new members in place of such ‘ members.
|
Vacation of office by operation of law.
|
13. Any member of a Village Committee who is absent without leave of the Committee from more than three consecutive meetings of the Committee shall ipso facto vacate his office.
|
|
Refusal or resignation of office. IS 90, 53 of 1946.]
|
14. Where any person who is elected as a member of a Village Committee decides for any reason not to serve as a member thereof, 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 village area for which the Committee is constituted is situated, at any time before the date fixed for the first meeting of the Committee to be held after his election, or
|
|
(b) by a written communication of his resignation of office to such elections officer, either direct or through the Chairman, at any time after such first meeting.
|
|
Filling of casual vacancies.
[ 4, 60 of 1938.]
|
[ [ 90, 53 of 1946.]
|
|
15. In the event of any member of a Village Committee dying, or vacating his office by virtue of the provisions of section 13, or refusing or resigning office under section 14, a by-election in accordance with the provisions of written law for the time being applicable in that behalf shall, unless the Minister [1] by Order published in the Gazette otherwise directs, be held for the purpose of filling up such vacancy ; and the person so elected shall hold office until the next succeeding general election of members of that Committee.
|
Election for more than one ward.
|
16. No person shall be entitled to be elected as a member for more than one ward of a village area, and in the event of any person being so elected, the elections officer of the district in which the area is situated shall forthwith, by notice in writing served upon such person, call upon him to declare, within seven days from the date of service, for which ward he desires to be a member, and in default of such declaration being made, the elections officer may himself determine for which ward he is to be a member ; and upon such declaration or determination, as the case may be, being made, such person shall ipso facto vacate his seat as a member for any other ward, and the provisions of section 15 shall thereupon apply.
|
First meeting of a Committee and meetings for the election of the Chairman.
|
17.
|
(1) The Assistant Commissioner shall, as soon as possible after the election of a Village Committee, convene the first meeting thereof by notice in writing addressed to and served upon each elected member of that Committee not less than five days before the date of the meeting. Where service of any such notice cannot for any reason be effected personally on any member, the notice shall be deemed to have been duly served if it is left at that member’s last known place of abode.
|
[ 2, 31 of 1940.]
|
[ [ 2, 31 of 1940.]
|
|
(2) Every notice under subsection (1) shall specify the date, time and place of the meeting, and the date specified shall be within the period of one month next succeeding the date appointed for the commencement of the term of office of the Committee, or in the case of a Committee elected as successor to a Committee going out of office otherwise than by effluxion of time, within the period of one month next succeeding the date on which the election or nomination of the members of the new Committee is completed.
|
|
|
(3) Where for any reason the meeting is not held on the date specified in the notice under subsection (1), the Assistant Commissioner may, by such further notice or notices as may be necessary, convene the meeting for any other date, but so however that such other date is within the period of one month prescribed in subsection (2).
|
|
|
(4) At the meeting convened under subsection (1) or subsection (3), as the case may be, the members of the Committee shall elect one of their number to be the Chairman of the Committee.
|
|
|
(5) Whenever the office of Chairman of a Village Committee falls vacant during the term of office of the Committee the Assistant Commissioner shall, within two weeks of his receiving information of the vacancy, by notice or notices served in accordance with the provisions of subsection (1) or subsection (3), convene a meeting for the election of a new Chairman, and the date specified for the meeting in such notice or notices shall be such as to ensure that a new Chairman is elected within the period of six weeks next succeeding the occurrence of the vacancy.
|
|
|
(6) Every meeting under this section shall be held at the place and time and on the date specified in the notice convening that meeting, and shall, until the election of a Chairman, be presided over by the Assistant Commissioner or by an officer of Government, other than a divisional revenue officer, deputed by the Assistant Commissioner to act as presiding officer.
|
|
Quorum for election of Chairman.
|
18. No election of a Chairman shall be held at any meeting summoned under section 17, unless there is present a quorum consisting of not less than half the number of the members elected to the Committee.
|
Mode of election of Chairman.
|
19.
|
(1) Any member of a Village Committee may with his consent be proposed and seconded for election as Chairman by any other member present, and the members present shall thereupon elect, in accordance with the provisions of subsection (2), a Chairman from among the members proposed and seconded for election as Chairman.
|
|
(2)
|
(a) Where only one candidate is proposed and seconded for election as Chairman, the person (hereinafter in this section referred to as the ” presiding officer “) who presides at the meeting at which the election takes place shall, without question put, declare that candidate to be elected.
|
|
(b) Where two or more candidates are proposed and seconded for election as Chairman, the mode of election shall be by either open or secret voting, according as the members present may by resolution determine ; and, if the number of votes cast on such resolution is equally divided, the determination of the mode of election shall be made by lot to be drawn in the presence of the presiding officer in such manner as he shall direct.
|
|
(c) Where it is determined under paragraph (b) that the election of a Chairman shall be by open voting, the presiding officer shall take the votes by calling the name of each member present and asking him how he desires to vote and recording the votes accordingly. A member may state that he declines to vote, and in such case the presiding officer shall record that such member declined to vote.
|
|
The presiding officer shall declare the result of the voting.
|
|
(d) Where it is determined under paragraph (b) that the election of a Chairman shall be by secret voting, the election shall be by ballot.
|
|
(e) Where more than two candidates are proposed and seconded for election as Chairman and no candidate receives at the first voting more votes than the aggregate of the votes received by the remaining candidates, one candidate shall be excluded from the election as hereinafter provided and the voting shall proceed, one candidate being excluded from the election after each subsequent voting, until a candidate receives at a voting more votes than the aggregate of the votes received by the remaining candidates at that voting, or, as the case may be, until voting in respect of two candidates only is held and completed.
|
|
(f) Where there are three or more candidates at a voting, the determination as to which candidate is to be excluded from the election under paragraph (e) after that voting shall be made as follows : –
|
(i) if the number of votes received by one candidate is lower than the number received by each remaining candidate, the candidate receiving the lowest number shall be excluded ;
|
|
(ii) if each of all the candidates receives an equal number of votes, or if each of two or more candidates receives an equal number of votes which is less than the number received by the remaining candidate or each remaining candidate, one of the candidates receiving the equal number shall be excluded, the determination as to which candidate is to be excluded being made by lot to be drawn in the presence of the presiding officer in such manner as he shall direct.
|
|
|
(g) Where there are two candidates at any voting and the number of votes cast is equally divided and the addition of one vote would entitle one of the candidates to be elected as Chairman, the determination of the candidate to whom the additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the presiding officer in such manner as he shall direct.
|
|
|
|
Procedure for election of Vice-Chairman.
|
20.
|
(1) The first Vice-Chairman of a Village Committee shall be elected at the meeting held under section 17.
|
|
|
(2) Every vacancy in the office of Vice-Chairman of a Committee after the first election to that office shall be filled by election held at the ordinary meeting of the Committee next succeeding the date on which the office became vacant.
|
|
|
(3) The provisions of section 19 shall apply to the election of a Vice-Chairman in like manner as though every reference in that section to ” Chairman ” were a reference to “Vice-Chairman”.
|
|
Power to nominate Chairman or Vice-Chairman when not elected by Village Committee.
|
21. Where for any reason the members of a Village Committee fail to elect a Chairman in accordance with the provisions of section 17 or a Vice-Chairman in accordance with the provisions of section 20, it shall be lawful for the Minister1 to nominate one of the members of that Village Committee to be the Chairman or the Vice-Chairman, as the case may be, and the member so nominated shall be entitled to exercise the like powers, shall perform the like duties, and shall hold office for the like term, as a Chairman or a Vice-Chairman duly elected by that Village Committee.
|
Term of office and powers and duties of Chairman.
[ 4, 60 of 1938.]
|
[ [ 15, 54 of 1942.]
|
|
22.
|
(1) The Chairman of a Village Committee shall hold office for the term of office of the Committee, unless he resigns the office earlier or ceases for any cause to be or to be qualified to be a member of the Committee.
|
|
(2) The Chairman shall preside over every meeting of the Committee held for the election of a Vice-Chairman and over every other meeting at which he is present, and shall be the chief executive officer of the Committee; and all executive acts and functions, which are by this Ordinance directed or empowered to be done or discharged by the Committee, may, unless the contrary intention appears from the context, be done or discharged by the Chairman :
|
|
Provided always that the Chairman, in the exercise of his powers under this section, shall, except in matters expressly committed to him, act in conformity with such resolutions as may from time to time be passed by the Committee.
|
|
(3) The Chairman may at any time, without vacating his office as a member, resign the office of Chairman by a written communication addressed to the Assistant Commissioner. The resignation by the Chairman of his office of Chairman or his office as a member shall have no effect until such resignation has been accepted by the Assistant Commissioner ; and the Assistant Commissioner may refuse to accept such resignation if he has reason to believe that an Order removing the Chairman from office is to be made by the Minister [1] under section 54.
|
|
(4) On vacating office whether by operation of law or by resignation, the Chairman of a Village Committee shall hand over charge of all minute books, accounts, records, furniture and other property of the Committee, either personally or by a duly authorized person –
|
(a) to the person duly elected to succeed him as Chairman, within forty-eight hours of the receipt of notice of the election of such successor, or
|
|
(b) where a successor is not elected within a period of fourteen days of the occurrence of the vacancy, to the Assistant Commissioner or an officer or person deputed in that behalf by the Assistant Commissioner within forty-eight hours after the expiry of the aforesaid period of fourteen days.
|
|
|
(5) Any Chairman of a Village Committee who contravenes the provisions of subsection (4) shall be guilty of an offence punishable with a fine not exceeding twenty rupees by the Rural Court having jurisdiction over the village area for which the Committee is constituted.
|
|
Term of office, powers and duties of Vice-Chairman.
|
23.
|
(1) The Vice-Chairman of a Village Committee shall hold office for a period of one year from the date of his election to that office, unless he resigns the office earlier or ceases for any cause to be or to be qualified to be a member of the Committee. A Vice-Chairman vacating his office by effluxion of time shall be eligible for re-election.
|
[ 8, 11 of 1940.]
|
[ [ 5, 31 of 1940.]
|
|
(2) The Vice-Chairman shall, whenever he is present, preside over every meeting of the Committee from which the Chairman is absent, and may exercise any power or perform any duty of the Chairman which the Chairman may authorize him in writing to exercise or perform in his behalf, or which the Assistant Commissioner may in writing direct the Vice-Chairman to exercise or perform, whenever the office of Chairman is vacant, or whenever the Chairman is absent from duty owing to illness or other unavoidable cause and has not given such written authorization to the Vice-Chairman.
|
|
(3) The Vice-Chairman may at any time, without vacating his office as a member, resign the office of Vice-Chairman by a written communication addressed to the Assistant Commissioner through the Chairman.
|
|
A member to preside at meetings in the absence of the Chairman and Vice-Chairman.
|
24. In the absence of both the Chairman and the Vice-Chairman the members present at any meeting of a Committee may elect one of themselves to preside over that meeting ; and if the meeting has been duly convened and is in all other respects properly constituted, it shall for all purposes be deemed to have been duly held.
|
|
|
25.
|
(1) Ordinary meetings of a Village Committee shall be held for the despatch of business on such dates or at such intervals as may be fixed by by-laws made or deemed by virtue of any written law to have been made under this Ordinance.
|
|
(2) A special meeting of a Committee may be convened by the Chairman whenever he considers it desirable, and shall be convened whenever a written requisition is presented to him signed by members of the Committee not less in number than the quorum prescribed for ordinary meetings of the Committee.
|
|
(3) The special meeting in compliance with any requisition shall be convened within seven days of the receipt of the requisition by the Chairman.
|
|
(4) If the Chairman of any Committee refuses or wilfully neglects to convene a special meeting within seven days of the receipt of any requisition presented to him, it shall be lawful for the Assistant Commissioner to convene a special meeting at any time thereafter and to preside or to depute an officer of Government to preside over that meeting.
|
|
(5) Not less than two days’ notice of the date appointed for each special meeting under this section and of the business to be transacted thereat shall be given to, or left at the residence of, each member of the Committee.
|
|
Quorum.
[ 4, 60 of 1938.]
|
[ [ 2, 8 Of 1952.]
|
|
26. Save as provided in section 18, the quorum for any meeting of a Village Committee shall be one-third of the number of members of the Committee in office on the day of that meeting.
|
Language in which business is to be conducted.
|
27. The business of every Village Committee shall, as far as possible, be conducted in the language prevailing in the village area for which that Committee is constituted.
|
|
| STATUS, POWERS, AND DUTIES OF VILLAGE COMMITTEES |
Village Committees to be corporations.
|
28. Every Village Committee shall be a corporation with perpetual succession and a common seal and shall have capacity to hold property, to enter into contracts, and to sue and be sued by the name and designation of the Village Committee of the area in and for which it is constituted.
|
Decisions and acts of Village Committees.
|
29. All acts whatsoever, authorized or required by this Ordinance or any other written law to be done by any Village Committee, shall be decided upon by the majority of members present at any meeting of the Committee held in accordance with the provisions of this Ordinance :
|
|
Provided that when the votes of the members present at any meeting are equally divided on any question brought up for decision, the Chairman, Vice-Chairman or other member presiding over that meeting shall, in addition to his vote as a member, have also a casting vote.
|
|
|
30. All proceedings, decisions, orders and acts of a Village Committee shall be entered in a book of minutes, and upon their confirmation with such amendments as may be necessary at the next succeeding meeting of the Committee, shall be signed by the Chairman ; and a copy, certified by the Chairman, of any record so entered and signed, shall be admissible in evidence in any court or Rural Court in Ceylon.
|
Property deemed to be vested in Village Committees.
|
31. All property movable or immovable enjoyed or controlled at the commencement of this Ordinance by the inhabitants of any village area or of any area deemed by virtue of any written law to be a village area under this Ordinance, shall be vested in the Village Committee constituted or so deemed to have been constituted for that area under the provisions of this Ordinance :
|
|
Provided, however –
|
(i) that any building used, whether in whole or in part as the court-house of a Rural Court together with the land on which that building stands and any other land or building appurtenant thereto, may, if such building and any such land have heretofore been vested in the inhabitants or are vested in the Village Committee of the area in which they are situate, be resumed by or transferred to the Crown by Order of the Minister [1] published in the Gazette ; and
|
|
(ii) that the publication of such Order shall, without the execution of any deed or instrument, be sufficient to convey to the Crown the right, title and interest of the inhabitants or of the Committee in the land or building affected by such Order, and the description in any such Order of any land or building as appurtenant to any court-house to which the Order relates shall, as between the Crown and the inhabitants or the Committee, be conclusive proof of the fact that it is so appurtenant.
|
|
Further property vested in Village Committees.
|
32. There shall further be vested in every Village Committee, the following classes of property: –
|
(a) all such immovable property of the Crown, situated within the village area, as may with the sanction of the Minister [3] be handed over to the Village Committee for the purposes of this Ordinance by a vesting order signed by the officer or person authorized in that behalf by the Minister : [3]
|
|
Provided, however, that each such property shall be held by the Committee subject to such conditions as may be set out in the vesting order relating to that property, and that nothing in this section shall be deemed to affect or prejudice the right of the Crown at any time to resume possession of any such property or to dispose of it for any other public purpose ;
|
|
(b) all moneys which for the time being form part of the communal fund ;
|
|
(c) all village works and all fixtures, fittings, or equipment in village works, for the construction, maintenance or provision of which any part of the communal fund, or any tax payable in labour, is applied by the Committee.
|
|
Transfer to Village Committees of the rights and liabilities of Local Boards or Sanitary Boards.
|
33.
|
(1) Where any town excluded from the operation of the Local Boards’ Ordinance, 1898, * by Proclamation under section 2 of that Ordinance, or any town or village excluded from the operation of the Small Towns Sanitary Ordinance, 1892, * by Proclamation under section 4 of that Ordinance, is, or has, at any time after the 1st day of July, 1939, been brought and continues to be within the operation of this Ordinance, the Minister [1] may by Order published in the Gazette –
|
(a) transfer to the Village Committee of the area in which that town or village is situated, the whole or any specified part of any property or rights over property or any funds, acquired or received by or vested in the Board for the * Repealed by Act No. 54 of 1949. use and benefit of that town or village, and declare that the whole or any specified part of such funds and of the revenue derived from the town or village shall be employed by the Village Committee for the use and benefit of that town or village ;
|
|
(b) direct the aforesaid Village Committee to keep separate books of accounts in respect of that town or village ;
|
|
(c) apportion and assign to the aforesaid Village Committee the whole or any specified part of the rights, liabilities, debts or obligations of the Board under any contract entered into by the Board for the benefit of that town or village ; and give directions as to the security to be given by the Village Committee for any debt, and as to the mode and conditions of discharge of any liabilities or obligations, so apportioned or assigned ;
|
|
(d) prescribe the terms and conditions on which any officer or servant employed by the Board for any purpose relating to that town or village, may be transferred to the service of the aforesaid Village Committee ;
|
|
|
(e) give directions as to the collection and recovery of moneys due to the Board from the inhabitants of that town or village (whether as rates, taxes, licence duties or otherwise) and as to the payment of such moneys, when so collected and recovered, to the aforesaid Village Committee ; and
|
|
|
(f) make such other provision as may appear to the Minister [1] to be necessary or expedient.
|
|
|
(2) Upon the publication of an Order under subsection (1) –
|
(a) all the property or the rights over property or the funds, specified therein, shall vest in the Village Committee, and such funds and suck part of the revenue as may be specified therein shall be employed by the Village Committee for the use and benefit of the town or village mentioned in the Order ;
|
|
(b) separate books of accounts in respect of that town or village shall, if the Order so directs, be kept by the Village Committee ;
|
|
(c) such rights, liabilities, debts or obligations as may be apportioned or assigned thereby, shall be enforceable or shall be secured or discharged by the Village Committee in such manner and subject to such conditions as may be specified therein ; and
|
|
(d) any officer or servant of the Board who is offered and accepts employment under the Village Committee shall be appointed and shall hold office on the terms and conditions specified in the Order, without prejudice, however, to any qualifications acquired by him for any pension, gratuity or other compensation payable out of the funds of the Board in respect of his service under the Board.
|
|
|
|
(3) Where any town excluded from the operation of the Local Boards’ Ordinance, 1898, * by Proclamation under section 2 of that Ordinance, or any town or village excluded from the operation of the Small Towns Sanitary Ordinance, 1892, * by Proclamation under section 4 of that Ordinance, is brought within the operation of this Ordinance and constituted into a separate village area, every by-law in force in that town or village on the day immediately preceding the date of such constitution shall, so far as it is not in conflict with the provisions of this Ordinance, be deemed to be a by-law made under this Ordinance and shall continue in force within that village area until it is rescinded by the Village Committee. * Repealed by Act No. 54 of 1949.
|
|
|
(4) In every case referred to in subsection (3), the provisions of subsections (1) and (2) shall have effect subject to the following modifications, that is to say : –
|
(a) as if in subsection (1) –
|
(i) for paragraph (a), there had been substituted the following new paragraph : –
|
” (a) transfer to the Village Committee constituted or to be constituted for the area comprising that town or village the whole or any specified part of any property or rights over property or any funds, acquired or received by or vested in the Board for the use and benefit of that town or village ; ” and
|
|
|
(ii) paragraph (b) had been omitted; and
|
|
|
(b) as if in subsection (2) – (i) in paragraph (a), all the words from ” and such funds ” to the end of that paragraph had been omitted ; and (ii) paragraph (b) had been omitted.
|
|
|
(5) In this section “Board” used in relation to any town excluded from the operation of the Local Boards’ Ordinance, 1898, * means the Local Board of Health and Improvement of that town, and in relation to any town or village excluded from the operation of the Small Towns Sanitary Ordinance, 1892, * means the Sanitary Board of the province or district within which that town or village is situated.
|
|
Special provisions as to elections.
|
34.
|
(1) If at any time after the publication of an Order1 under section 2 of this Ordinance, declaring that any town or village & of the description referred to in section 33 (1) shall be brought within the operation of this Ordinance and be a village area or a part of a * Repealed by Act No. 54 of 1949. village area with effect from a specified date, it becomes necessary to elect the first members of the Village Committee to be constituted for that area, a general election in accordance with the provisions of written law for the time being applicable in that behalf may be held before the specified date for the purpose of electing such members, and for the purposes of such election –
|
(a) every village headman’s division in that town or village shall, subject to any subdivision or amalgamation made by Notification under section 8, be deemed to be a ward of the village area ;
|
|
(b) electoral lists in accordance with the provisions of written law aforesaid may be prepared for the wards of such village area;
|
|
(c) every person who is qualified under the provisions of written law aforesaid shall be entitled to vote at such election ; and
|
|
(d) every person who is qualified under the provisions of written law aforesaid shall be entitled to stand for election and to be elected as a member of the Village Committee.
|
|
|
(2) This section shall be deemed for all purposes to have come into operation on the 1st day of July, 1939 .
|
|
Use of property and revenue.
|
35. All property vested in a Village Committee under the provisions of sections 31, 32 and 33 shall be used or administered, and any revenue derived therefrom shall be employed, by the Village Committee for the purposes of this Ordinance.
|
Powers of Village Committees.
|
36. Subject to the provisions of section 46, every Village Committee shall have power –
|
(a) to purchase or take on lease any land or building ;
|
|
(b) to sell, exchange or let or give out on lease any land or building deemed to be vested in the Committee by virtue of section 31 ; or in the case of any land or building vested in the Committee by a vesting order under section 32, to let or give out on lease such land or building to any person subject to the conditions of the vesting order, or to surrender such land or building to the Crown ;
|
|
|
(c) to establish or maintain any public service which is required for the welfare, comfort or convenience of the public, subject to the extent of the resources of the Committee and to such prohibition or restriction of the establishment or maintenance of that service as may be imposed by any other law, and with the sanction of the Minister,1 to levy a special rate upon the area benefited by such service, subject to such limits and exemptions as may be prescribed by by-laws ;
|
|
|
(d) to undertake the construction of such new village works as may be necessary and the alteration, improvement or maintenance of existing village works ;
|
|
|
(e) to apply any part of the communal fund for the construction or alteration, improvement or maintenance of village works, and for the purposes of administering any property vested in or acquired by the Committee, or of carrying out the provisions of this Ordinance or any by-law duly made or deemed by virtue of any written law to have been made thereunder ;
|
|
(f) to enter into any contract with any person for any work to be done, services to be rendered, or materials to be supplied ;
|
|
(g) to employ all such officers and servants as may be necessary, and to provide for their remuneration and for the payment of pensions, gratuities or other compensation, on the termination of their services ;
|
|
(h) to enter into any arrangement with any other Village Committee or other local authority for the joint execution of any work or for the employment and remuneration of any officer or servant for the several purposes of each Committee or local authority ;
|
|
|
(i) to impose and levy rates and taxes in accordance with the provisions of this Ordinance ;
|
|
|
(j) to establish ferries, to impose and to levy or lease the right to collect tolls at any ferry established or maintained by the Committee, and for the protection of such ferry to prohibit or restrict private ferries by by-laws made in that behalf ;
|
|
|
(k) in the case of a ferry established or maintained between any place within the village area and any place within any other village area or within the administrative limits of any other local authority, to distribute the tolls that may be imposed or levied in respect of any such ferry, in such manner or proportion as may be fixed by agreement entered into with the Committee of the other village area or with such local authority, as the case may be, and to apply any part of the communal fund for any work of construction or maintenance to be carried out beyond the limits of the village area in connexion with any such ferry ;
|
|
(l) to apply any part of the communal fund to the conduct of experiments in agriculture and the breeding of domestic animals, and to the maintenance of experimental farms and studs for this purpose ;
|
|
|
(m) to apply any part of the communal fund for relieving public distress due to famine, epidemic diseases or any other cause ;
|
|
|
(n) to set apart such contributions from the communal fund as the Minister [1] may approve towards the cost of any association of local authorities for the consideration of matters relating to local administration, and to apply any part of the communal fund for the payment of travelling allowances to members of the Committee attending any meeting of such association with the authority of the Committee ;
|
|
(o) to enforce the by-laws made or deemed by virtue of any written law to have been made by it under this Ordinance, and to enter prosecutions in the Rural Court for breaches of such by-laws ; and
|
|
(p) generally to do all things necessary for the effective discharge of its duties under this Ordinance.
|
|
Authority to levy land tax.
[ 4, 60 of 1938.]
|
[ [ 4, 17 of 1947.]
|
|
37.*
|
(1) A land tax may be imposed and levied under this section by any Village Committee which is authorized in that behalf by the Minister [1] by Notification published in the Gazette.
|
|
(2) The land tax under this section shall consist of either or both of the following : –
|
|
(a) an assessment tax not exceeding six per centum of the annual value of all buildings and all lands situated in localities within the village area which are declared by the Village Committee with the approval of the Assistant Commissioner to be built-up localities ; and
|
|
(b) an acreage tax not exceeding fifty cents a year on each acre of land which is situated outside a built-up locality and is under permanent cultivation or regular cultivation of any kind other than paddy and chena cultivation :
|
|
|
Provided that where a building is used wholly or mainly for purposes connected with or incidental to the cultivation of the land on which it is situated or for residential purposes by any person or persons engaged in the cultivation of that land, and an acreage tax is levied and paid on that land, no assessment tax shall be imposed or levied by a Village Committee on that building notwithstanding that it is situated within a built-up locality ;
|
|
Provided, further, that no assessment tax or acreage tax shall be imposed by any Village Committee on –
|
(a) any land or building wholly or mainly used for religious, educational- or charitable purposes ;
|
|
|
(b) any land or building which belongs to any religious body and the income from which is wholly or mainly used for religious purposes ;
|
|
(c) any building in charge of military sentries ;
|
|
(d) any burial or cremation ground ; or
|
|
(e) any divided portion of land, duly defined and forming one property, which is situated in any part of a village area other than a built-up locality and is less than five acres in extent ;
|
|
|
And provided also that the Committee may by resolution specially exempt any property from the assessment tax or acreage tax on the ground of the poverty of the owner.
|
|
(3) Where any land or building, which is situated within any village area and is the property of the Crown, is occupied or held by any person under any lease or permit granted by the Crown, such land or building shall be liable to be assessed in respect of any land tax imposed under this section, and such person shall be liable to pay and shall pay the tax leviable in respect of that land or building.
|
|
(4) No property of the Crown, whether movable or immovable, shall be liable to be seized or sold for the recovery of any tax which may be due from any person occupying or holding or enjoying any land or building, which is the property of the Crown, under any agreement, contract, or permit, whether express or implied, with or from the Crown.
|
|
(5) The land tax under this section shall be assessed and levied, and, in cases of default, shall be recovered summarily, in such manner as may be prescribed by rules under section 52 :
|
|
Provided, however, that for the purposes of the recovery of the tax in any case of default, the following shall not be liable to such seizure or sale as may be prescribed by any such rule : –
|
(a) the necessary wearing apparel, beds, and bedding of the defaulter, or of his wife and children ;
|
|
(b) tools, utensils, and implements of trade or business, and, where the defaulter is an agriculturist, his implements of husbandry and such cattle and seed grain as may be necessary to enable him to earn his livelihood as such ;
|
|
(c) professional instruments and library necessary for the carrying on of the defaulter’s profession or business ;
|
|
(e) mere rights to sue for damages ;
|
|
(f) any right of personal service ;
|
|
(g) the wages of labourers and domestic servants, whether before or after they are actually payable.
|
|
|
|
(6) The authority to levy a land tax given to a Village Committee by the Minister1 by Notification under subsection (1) may at any time be withdrawn by a like Notification upon the passing of a resolution in that behalf by the Village Committee and upon the recommendation of the Assistant Commissioner that effect should be given to such resolution ; and where the authority is so withdrawn the Village Committee shall forthwith abolish the tax, but without prejudice to its right to recover any arrears of tax that may be due at the time of such abolition.
|
[ 18, 54 of 1942.]
|
[ [ 3, 44 of 1944.]
|
|
(7) Where any town or village is excluded from the operation of the Local Boards’ Ordinance, 1898,* or the Small Towns Sanitary Ordinance, 1892,* and brought within the operation of this Ordinance, the Minister1 may by Order published in the Gazette declare that town or village or any portion thereof to be a built-up locality and direct the Village Committee to impose and levy within that locality an assessment tax in accordance with the provisions of this Ordinance. An Order declaring a built-up locality under this section may be published at any time after the publication of the Order [1] whereby the town or village is brought within the operation of this Ordinance and before the date on which the Order1 is to take effect ; and the first assessment tax under this Ordinance to be levied within that locality with effect from that date may be imposed before that date.
|
|
For the purposes of the imposition of the first assessment tax as aforesaid –
|
(i) any rule under section 52 relating to the manner in which the tax is to be imposed or in which property is to be assessed for the purposes of the tax shall not be deemed to apply ; and
|
|
(ii) the annual value of each land or building within that locality shall be deemed to be the annual value thereof last assessed for the purposes of any assessment rate imposed by the Local Board or the Sanitary Board, as the case may be.
|
|
|
|
* Application modified in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance. – See section 76 thereof
|
Licence duties.
[ 4, 60 of 1938.]
|
[ [ 2, 8 of 1952.]
|
|
38. A Village Committee may impose and levy on every licence issued by it under this Ordinance or the by-laws made or deemed by virtue of any written law to have been made thereunder, a licenqe duty at rates determined by the Committee by resolution and not exceeding such amount as may be specified by the Minister by Order published in the Gazette.
|
|
* Repealed by Act No. 54 of 1949.
|
Tax on vehicles and animals.
[ 4, 60 of 1933.]
|
[ [ 19, 54 of 1942.]
|
|
39.
|
(1) A Village Committee may impose and levy each year a tax on such of the vehicles and animals specified in the First Schedule as are ordinarily used or to be used within the village area, at such rates not exceeding the respective amounts set out in that Schedule as the Committee may from time to time determine by resolution :
|
|
Provided, however, that no such tax shall be levied in respect of –
|
(a) any vehicle or animal which is the property of the Crown or of the Village Committee ; or
|
|
(b) the authorized number of horses belonging to military officers doing staff, regimental or other public duty within the village area ; or
|
|
(c) any vehicle kept for sale by a bona fide dealer in such vehicles and not used for any other purpose ; or
|
|
(d) any vehicle subject to a licence duty under sections 3 and 5 of the Vehicles Ordinance or under the Motor Traffic Act.
|
|
|
(2) The tax on vehicles and animals shall be payable by any person in whose possession or custody or control any vehicle or animal liable to the tax may be found thirty days after it has been used for the first time within the village area or brought into the village area for use therein.
|
|
(3) No person shall be liable in any year to pay the tax in respect of any vehicle or animal –
|
(a) which has been in his possession for less than thirty days in that year, or
|
|
(b) which has been transferred to him after the payment by the previous owner of the tax due thereon for that year, or which has been brought by him into the village area after payment by him of the tax due thereon in any other village area for that year.
|
|
[ 19, 54 of 1942.]
|
[ [ 5, 57 of 1946.]
|
|
(4) Where any vehicle or animal liable to any tax under this Ordinance is used or to be used within the limits of more than one village area, such vehicle or animal shall only be liable to one such tax, and such tax shall be paid to the Village Committee of the village area within which that vehicle or animal is principally used or to be used, and if any question arises as to the village area within which any vehicle or animal liable to any such tax is principally used or to be used, the question shall be determined by the Assistant Commissioner, or where such village areas are not all situated within the administrative region of the same Assistant Commissioner, by the Commissioner of Local Government.
|
|
|
(5) Where any vehicle or animal is ordinarily liable to the tax imposed under this Ordinance and the tax imposed under section 162 of the Urban Councils Ordinance or section 245 of the Municipal Councils Ordinance, such vehicle or animal shall be liable to only one such tax which shall be payable –
|
(a) where the vehicle or animal is kept within the limits of a village area or within the administrative limits of an Urban Council or a Municipal Council, to the Village Committee of such village area or to such Urban Council or Municipal Council, as the case may be ; or
|
|
(b) where the vehicle or animal is not kept within the limits of a village area or within the administrative limits of an Urban Council or a Municipal Council, to the Village Committee, Urban Council or Municipal Council within whose administrative limits it is principally used ;
|
|
|
and if any question arises as to the limits within which any such vehicle or animal is kept or used, the question shall be determined by the Commissioner of Local Government.
|
|
|
(6) If any person liable to pay the tax leviable under this section fails to pay such tax within seven days after demand, the Chairman shall report the failure to the Rural Court and the Rural Court shall proceed to recover the amount due as if it were a fine imposed by the Rural Court and shall pay the amount so recovered into the communal fund of the Village Committee.
|
|
Water-rates and conservancy rates.
[ 20, 54 of 1942.]
|
[ [ 4, 44 of 1944.]
|
|
40.
|
(1) Where a Village Committee establishes, maintains or provides a water service for the benefit of the inhabitants of the village area or any part thereof, the Committee may, with the sanction of the Minister,[1] impose and levy, upon the area benefited by such service, a water-rate not exceeding six per centum of the annual value of all buildings and all lands situated within such area.
|
|
|
(2) Where a Village Committee establishes, maintains or provides a conservancy service for the benefit of the inhabitants of the village area or any part thereof, the Committee, with the sanction of the Minister,[1] may in lieu of charging fees for such service, impose and levy upon the area benefited by such service, a conservancy rate not exceeding six per centum of the annual value of all buildings and all lands situated within such area.
|
|
(3) Where any land or building which is situated within any village area and is the property of the Crown, is occupied or held by any person under any lease or permit granted by the Crown, such land or building shall be liable to be assessed in respect of any rate imposed under this section, and such person shall be liable to pay and shall pay the rate leviable in respect of that land or building.
|
|
(4) No property of the Crown, whether movable or immovable, shall be liable to be seized or sold for the recovery of any rate which may be due from any person occupying or holding any land or building, which is the property of the Crown, under any agreement, contract or permit, whether express or implied, with or from the Crown.
|
|
(5) Every rate under this section shall be assessed and levied, and, in cases of default, shall be recovered summarily, in such manner as may be prescribed by rules under section 52 :
|
|
Provided, however, that for the purposes of the recovery of any such rate in case of default, nothing specified in the proviso to section 37 (5) shall be liable to such seizure or sale as may be prescribed by any such rule.
|
|
(6) A Village Committee may by resolution specially exempt any property from any rate imposed under this section on the ground of the poverty of the owner.
|
|
|
|
41. Every village area shall, for the purposes of this Ordinance, have a communal fund, and there shall be paid into that fund –
|
(a) all fines and penalties enumerated in the Second Schedule ;
|
[ 21, 54 of 1942.]
|
[ [ 5, 17 of 1947.]
|
|
(b) all rates and taxes levied under sections 37, 39 and 40 ;
|
|
(c) all licence duties levied under section 38 and the amount of all stamp duties enumerated in the Third Schedule ;
|
|
(d) all sums realized by sales, leases, or other transactions of the Committee ;
|
|
(e) all revenue derived from any property vested in the Committee or from any public service maintained by the Committee ;
|
|
|
(f) all sums appropriated by Parliament [1] or allocated by the Minister [1] to the Village Committee :
|
|
Provided that no such sum shall be paid into the communal fund unless such payment is authorized by the Commissioner of Local Government ;
|
|
(g) all sums otherwise accruing to the Committee in the course of the exercise of its powers and duties under this Ordinance.
|
|
|
|
42.
|
(1) Every Village Committee may from time to time make all such by-laws as may be necessary for the exercise of its powers or the performance of its duties under this Ordinance.
|
|
(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), a Committee may make by-laws for or in respect of all or any of the following purposes : –
|
(i) Meetings and procedure, including –
|
(a) the intervals at which ordinary meetings are to be convened ;
|
|
(c) mode of convening a meeting ;
|
|
|
(ii) Officers and servants, including –
|
(a) the number of officers and servants to be employed, and the qualifications necessary for each grade or class ;
|
|
(b) the salaries or wages for each grade or class ;
|
|
(c) the conditions for the payment to officers and servants of compensation on termination of service whether by way of pension, gratuity or contribution to a provident fund ;
|
|
(d) the procedure to be followed in appointing and in paying salaries or wages and compensation on termination of service to officers or servants employed in the joint service of the Committee and of any other Committee or local authority ;
|
|
(e) conditions for the grant of leave of absence to officers and servants.
|
|
|
(iii) * Taxation of land, including –
|
(a) the fixing, for the purposes of the assessment tax on property, of the percentage or rate to be deducted from the annual value for the probable annual average cost of insurance, repairs, maintenance and upkeep ;
|
|
(b) the form of the returns, statements or information that may be called for for the purposes of any tax, and the manner in which they are to be called for by the Chairman and furnished by the inhabitants.
|
|
|
* Application modified in such, areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance. – See section 76 thereof.
|
|
(iv) Loans, including –
|
(a) the form and manner of execution of securities ;
|
|
(b) the arrangements for liquidation ;
|
|
(c) the mode and order of repayment of securities ;
|
|
(d) the conditions of any loan and the appropriation of the sums advanced.
|
|
|
(v) Land and property, including –
|
(a) the provision, regulation, and management of ambalams and madams, open spaces, and places for public recreation ;
|
|
(b) the care of waste or public land ;
|
|
(c) the maintenance and management of immovable property vested in, or under the control of, the Committee ;
|
|
(d) the care, regulation, and provision of common pasture grounds, and the levy of fees for the use of the same ;
|
|
(e) the putting up and preservation of boundaries and of fences of lands, whether private or public ;
|
|
(f) the authorization of entry upon private lands for the purpose of the prevention of damage to, or the repairing or remedying defects in, any wires or apparatus or the supports thereof maintained for the purpose of any public service.
|
|
|
(vi) Roads and paths, including –
|
(a) the improvement, alignment, level, width, and construction of new roads and paths in the area ;
|
|
(b) the cleaning, watering, and lighting of roads and paths ;
|
|
(c) the use of, and regulation of traffic in roads and paths, including the limitation of the weight and speed of vehicles, and the prevention or restriction of the use of vehicles upon any bridge, road, or path, or in any place where such use may be attended with danger to the public, or may be likely to damage such bridge, road, or path ;
|
|
(d) the regulation of processions and assemblages and of the performance of music on roads or paths ;
|
|
(e) the prevention, abatement, supervision, and regulation of obstructions, encroachments, projections and other interferences with roads and paths ;
|
|
(f) the erection of hoardings and other temporary structures, and charging of fees for the use of hoardings erected by the Committee ;
|
|
(g) the protection of the public against dangers resulting from building and other operations in or about roads and paths.
|
|
|
(vii) Buildings, building operations, and works, including –
|
|
(a) the definition of areas to which the by-laws under this heading are to apply ;
|
|
(b) the regulation of the material of new buildings with a view to securing stability, the prevention of fire, and purposes of health ;
|
|
(c) the space to be left about any building or block of buildings to facilitate and secure free circulation of air and to facilitate scavenging ;
|
|
(d) the dimensions of doors and windows, the level of the floor, the height of the roof, general ventilation, and drainage ;
|
|
(e) the number and nature of latrines ;
|
|
(f) foundation and stability of structure ;
|
|
(g) the line of building frontage.
|
|
|
(viii) Public health and amenities, including –
|
(b) conservancy and scavenging, and the charging of fees therefor;
|
|
(c) the inspection, regulation, maintenance, and cleansing of drains, privies, cesspits, ash-pits, and sanitary conveniences and appliances ;
|
|
(d) the regulation and management of public sanitary conveniences ;
|
|
(e) the regulation, supervision, inspection, and control of lodging-houses and tenement buildings ;
|
|
(f) the abatement of nuisances ;
|
|
(g) the seizure, forfeiture, removal, and destruction of unwholesome articles of food or drink, and the prevention of the sale or exposure for sale thereof ;
|
|
(h) the regulation, supervision, inspection, and control of bakeries, eating houses, and restaurants, and tea and coffee boutiques ;
|
|
(i) the regulation, supervision, inspection, and control of dairies, and the sale of milk ;
|
|
(j) the sale of provisions, including the inspection, regulation, and control of shops and places (other than markets) used for the sale of meat, poultry, fish, fruit, vegetables, or other perishable articles of food for human consumption, and the licensing of shops and places used for the sale of fresh meat, fresh fish, or live animals ;
|
|
(k) the regulation, supervision, inspection, and control of trades deemed to be offensive or dangerous by the Committee ;
|
|
(l) the regulation of the dimensions and use of kraals in public lakes, rivers, lagoons, and estuaries for soaking coir husks, and the charging of fees for the use of such kraals ;
|
|
(m) the regulation, supervision, inspection, control and licensing of breweries and aerated water manufactories ;
|
|
(n) the compelling of owners and occupiers in the village area to keep their lands free of undergrowth and rubbish, and their dwelling compounds in clean and sanitary condition ;
|
|
(o) the prevention of malaria and the destruction of mosquitoes and disease-bearing insects ;
|
|
(p) the draining, cleansing, covering, or filling up of ponds, pools, open ditches, sewers, drains, and places containing or used for the collection of any drainage, filth, water, matter, or thing of an offensive nature or likely to be prejudicial to health ;
|
|
(q) the cleansing, purifying, ventilating, and disinfecting of houses, dwellings, and places of assembly or worship by the owners or occupiers and persons having the care and ordering thereof ;
|
|
(r) the prevention or mitigation of epidemic. endemic, or contagious diseases, and the speedy interment of the dead during the prevalence of such diseases ;
|
|
(s) washing and bathing, including the establishment, maintenance, and regulation of public bathing-places and places for washing animals and clothes ;
|
|
(t) all such other purposes as are not specially provided for by this Ordinance, and may be necessary for the preservation of the public health and the suppression of nuisances.
|
|
|
|
(ix) Itinerant vendors, including –
|
(a) the supervision or control of itinerant vendors ;
|
|
(b) the issue of licences for the purposes of such supervision or control, and the conditions to be attached to such licences ;
|
|
(c) the refusal of licences whether in the absolute discretion of the issuing authority or in prescribed circumstances ;
|
|
(d) the regulation or prohibition of the sale of any specified article or the sale of articles in any specified place or area.
|
|
|
(x) Animals, including –
|
(a) the housing and penning of cattle, horses, sheep, goats, and pigs ;
|
|
(b) stray cattle, goats, and pigs, including the fixing, levying, and recovery of charges for the occupation of pounds, and the cost of the keep of the animals impounded ;
|
|
(c) the control of epidemic diseases among animals, the maintenance and regulation of quarantine stations for animals, and the levying of fees for the occupation thereof ;
|
|
|
(d) the regulation and control of the collection and sale of the dung of cattle, horses, sheep, and goats, and the removal of such dung from any place within the village area to any place outside such area ;
|
|
|
(e) the protection and preservation of game and wild birds ;
|
|
(f) the destruction of stray dogs ;
|
|
(g) the prevention of cruelty to animals (including the restriction of the exposure for sale of live animals in any manner which in the opinion of the Committee is likely to cause unnecessary pain or suffering) ;
|
|
(h) the regulation and supervision of cattle sheds, galas, and halting places and the control of the location thereof ;
|
|
(i) the disposal of the bodies of dead animals.
|
|
|
(xi) Markets and fairs, including –
|
(a) the establishment, maintenance, and improvement of village markets ;
|
|
(b) the protection, regulation, supervision, inspection, and control of village markets ;
|
|
(c) the conservancy and scavenging, and the prevention of nuisances in connexion with village markets ;
|
|
(d) the control of traffic, and the preservation of order within village markets and in their immediate vicinity;
|
|
(e) the provision, inspection, and control of latrines, slaughterhouses, water supply, and lighting on the premises of village markets ;
|
|
(f) the allotment of stalls, stands, seats or spaces in village markets ;
|
|
(g) the inspection of food and seizure of unwholesome articles of food ;
|
|
(h) the prohibition of the introduction or sale of any article or articles of food in cases where, in the opinion of the Committee, there exists good reason for such prohibition ;
|
|
(i) the absolute prohibition, or the restriction by means of special licences, of the sale of any article, and the charging of fees for such special licences ;
|
|
(j) the provision of security against fires ;
|
|
(k) the temporary closing of any village market or fair ;
|
|
(l) the due performance of their duties by market keepers and other employees at village markets ;
|
|
(m) the fixing and recovery of fees or rents for the use of the premises of a village market or any part thereof, or of the buildings thereon, and for the leasing of the right to collect any such fees or rents ;
|
|
(n) the declaration of a market area for each village, market, and the licensing, restriction, or prohibition of private markets or of the sale of market commodities within such area in any place other than the village market ;
|
|
(o) the licensing of private markets or fairs, the conditions of the licence, and the fees payable in respect thereof ;
|
|
(p) the standards to be observed in respect of accommodation, drainage, roads, air spaces, equipment, and sanitary requirements in private markets or fairs ;
|
|
(q) the renovation, alteration, enlargement, and improvement of existing buildings, and the erection of new buildings after notice to the Committee and in accordance with plans to be approved by the Committee, in or about the premises of private markets or fairs.
|
|
|
(xii) Water supply, including –
|
(a) the regulation, protection and maintenance of communal wells, spouts, springs or other watering places for the supply of water for domestic purposes ;
|
|
(b) the regulation and maintenance of watering places of any kind set apart by the Committee for bathing or for the washing of animals, clothes and other articles ;
|
|
(c) the regulation of the construction and maintenance of private wells in such manner as may be necessary to safe guard the public health and safety ;
|
|
|
(d) the regulation, control, protection and maintenance of the supply of water from any waterworks established or maintained by the Committee.
|
|
|
|
(xiii) Public services, including all matters necessary for their establishment, maintenance, working, and supply, for the imposition and recovery of charges in connexion therewith, and for their protection against damage and against competition.
|
|
(xiv) The measure or dimension of bread, and the regulation of its manufacture and quality.
|
|
(xv) The regulation of weights and measures.
|
|
(xvi) The prevention of accidents connected with toddy drawing and for the periodical inspection of the ropes and other appliances used for that purpose.
|
|
(xvii) The prevention of accidents caused by the setting of spring guns and traps.
|
|
(xviii) The fencing of wells and pits. (xix) The prevention of gambling and cock-fighting and of cart-racing on public paths or roads.
|
|
(xx) The prevention of disorderly conduct, of loitering in public paths or roads or public places, and of the use of abusive language.
|
|
(xxi) The prevention of the sale to boys under sixteen years of age or to females, of any description of spirits or other intoxicating liquor or toddy drawn from any species of palm or the fermented juice of the sugar cane.
|
|
(xxii) All other purposes, whether of the same nature as those above enumerated or otherwise, which, in the opinion of the Committee, may be necessary for the protection or promotion of the local public interests, conveniences, and amenities.
|
|
|
(3) No by-law made under this section shall have effect until it is approved by the Minister [1]and notification of such approval is published in the Gazette.
|
|
|
|
43.
|
(1) Subject to the provisions of section 50, a Village Committee may, from time to time, raise a loan for the purpose of carrying out any resolution passed by it as. to the construction or maintenance of any village work.
|
|
(2) For the purpose of securing repayment of the sum. or sums so borrowed and the interest accruing thereon, the Committee may mortgage and assign to the lender, by or on whose behalf such sum or sums or any part thereof may be lent, any revenues accruing under the provisions of this Ordinance and any property acquired by or belonging to the Committee.
|
|
(3) Notwithstanding anything in section 15 of the Local Loans and Development Ordinance contained, it shall be lawful for the commissioners appointed under that Ordinance to advance money to a Village Committee for the purposes aforesaid on such security as such commissioners may deem sufficient, and the provisions of that Ordinance shall apply to any such loan whether made before or after the commencement of this Ordinance.
|
|
(4) All securities given by a Village Committee in respect of loans under this section shall be free of stamp duty.
|
|
(5) It shall be the duty of any Village Committee which raises a loan under this section to set apart each year such portion of the communal fund as may be sufficient for the purpose of paying the interest falling due on the loan and of repaying the principal when it falls due.
|
|
Village Committee to be proper authority under Cemeteries and Burials Ordinance.
|
44. For the purposes of section 3 of the Cemeteries and Burials Ordinance every Village Committee shall be the proper authority under that Ordinance within the limits of the village area for which that Committee is constituted.
|
Definition of ” village works “.
|
45. In this Part of the Ordinance, ” village work ” includes –
|
(a) any path, road, drain, bridge, culvert, edanda, ambalam, madam, schoolroom, spout, well, watering or bathing-place, canal, tank, ford, ferry, burial or cremation ground, pasture land, gala, market or slaughtering-place, or
|
|
(b) any other work or scheme for the preservation of the public health or the promotion of the comfort, convenience or welfare of the people,
|
|
|
which is constructed, established, maintained, protected or regulated and controlled, by a Village Committee.
|
|
| SUPERVISION AND CONTROL OF VILLAGE COMMITTEES |
Limitation of powers of Village Committees.
[ 4, 60 of 1938.]
|
[ [ 23, 54 of 1942.]
|
|
46. The powers conferred on a Village Committee by sections 36 to 40 shall be subject to the limitation and condition that it shall not be lawful for the Village Committee to give effect to any resolution or decision arrived at in the exercise of those powers, until such resolution or decision is approved –
[ 23, 54 of 1942.]
|
[ [ 2, 8 of 1952.]
|
|
(1) by the Minister with the concurrence of the Minister of Finance [1] in every case where the resolution or decision relates to the imposition of any rate, tax other than a tax on vehicles and animals under section 39, or toll ; or
|
|
(2) by the Assistant Commissioner, subject to an appeal to the Minister’ in every case where the resolution or decision relates to-
|
(a) the purchase, sale or exchange of any land or building ; or
|
|
(b) the lease of any immovable property handed over to the Committee by a vesting order under section 32 ; or
|
|
|
(c) the creation of any salaried office in the service of the Committee, or the scale of salary to be attached to such office, or the rates of the subsistence or travelling allowances payable by way of reimbursement of the expenses incurred by the holder of such office in the performance of any duty ; or
|
|
(d) the expenditure of any sum of money exceeding one hundred rupees out of the communal fund on any work, scheme or project ; or
|
|
(e) the formation of any contract or other agreement involving any expenditure exceeding one hundred rupees out of the communal fund ; or
|
|
(f) the organization of any scheme for the relief of distress, to which contributions are to be given from the communal fund ; or
|
|
|
(g) the allocation of any part of the communal fund for any purpose specified in paragraph (n) of section 36 :
|
|
[ 6, 31 of 1940.]
|
[ [ 23, 54 of 1942.]
|
|
Provided that the prior approval of the Minister [1] shall not be necessary in the case of a resolution whereby a Village Committee decides to impose in any year a rate or tax at the1 same rate as was in force during the preceding year.
|
|
Application of section 46.
|
47.
|
(1) Notwithstanding anything in section 46 but subject to subsection (2) of this section, the approval of the Assistant Commissioner shall not be required before effect is given to any resolution or decision of a Village Committee in respect of any matter referred to in sub-paragraphs (d) to (g) of paragraph (2) of that section.
|
|
(2) The Minister may in his discretion by Order published in the Gazette declare that the provisions of subsection (1) of this section shall not apply in the case of any Village Committee specified in the Order ; and so long as such Order remains in force the provisions of section 46 shall apply in relation to resolutions or decisions of that Village Committee in all respects as though subsection (1) of this section had not been enacted.
|
|
Rules as to administration of fund and property.
|
48.
|
(1) The administration by a Village Committee of the communal fund and of the property vested in, or used or occupied by, the Committee, shall be further subject to such rules of procedure as may be made under section 52 for prescribing –
|
(a) the form in which estimates and budgets shall be prepared ;
|
|
(b) the period within which, and the manner in which, the approval of the Minister [1] or of the Assistant Commissioner shall be obtained in any matter connected with a budget, which requires such approval under the provisions of this Ordinance ;
|
|
(c) the steps to be taken in any matter connected with a budget, in the event of its being disapproved by the Minister [1]or the Assistant Commissioner ;
|
|
(d) the form in which books of accounts shall be kept by a Village Committee ;
|
|
(e) the form of the periodical statement of accounts which shall be prepared by a Village Committee ;
|
|
(f) the manner in which, the intervals at which, and the persons by whom, the books, accounts, documents and other records of a Village Committee, the works of construction, maintenance or repair undertaken or executed by a Village Committee, and the lands and buildings vested in or used or occupied by a Village Committee shall be inspected ; and
|
|
(g) the mode of giving notice, within the village area, of the financial proposals of a Village Committee, and of publishing the periodical statements of accounts.
|
|
|
(2)
|
(a) The accounts of every Village Committee shall be audited annually by the Auditor-General or an officer authorized by him (hereinafter referred to as the auditor) ; and the Village Committee shall pay to the Government, as a contribution towards the cost of such audit, a fee according to such rates as may from time to time be determined by the Minister of Finance. [1]
|
|
(b) For the purposes of any audit and examination of accounts under this subsection, the Auditor-General or authorized officer may, by notice in writing, require the production before him of any book, deed, contract, account, voucher, and any other document and papers which he may deem necessary, and may require any person holding or accountable for any such book, deed, contract, account, voucher, document, or papers to appear before him at any such audit and examination or adjournment thereof, and to make and sign a declaration in respect of any matter relating thereto. Every such declaration shall be free of stamp duty.
|
|
(c) If any person neglects or refuses to produce any book, deed, contract, account, voucher, document, or papers, or to make or sign any declaration when required so to do under this subsection, he shall be guilty of an offence, and liable on conviction to a fine not exceeding one hundred rupees and to a further fine not exceeding fifty rupees for each day during which the offence is continued after he has been convicted of such offence.
|
|
(d) In auditing the accounts of a Village Committee under this subsection, the auditor shall disallow every item of the accounts which is contrary to law, and surcharge the same on the person making or authorizing the making of the illegal payment, and shall charge against any person the amount of any deficiency or loss incurred by the negligence or misconduct of that person and any sum which ought to have been, but is not, brought into account by that person and shall in each case certify the amount due from such person :
|
|
Provided that no expenses incurred by a Village Committee shall be disallowed by the auditor if such expenses have been sanctioned by the Minister.[1]
|
|
(e) Before making any surcharge or disallowance against any person, the auditor shall afford an opportunity ,to such person to be heard or to make any representation with regard to the matter which he may think fit, and shall, in the event of his making such surcharge or disallowance, furnish such person in writing, on application being made to him for that purpose, with the reasons for his decision in respect of such surcharge or disallowance.
|
|
(f) Any person aggrieved by any surcharge or disallowance made under this subsection may, within fourteen days after the date of the decision of the auditor being communicated to him, appeal therefrom to the Minister [1] Provided that no such appeal shall be entertained in any case in which the appellant has failed or neglected to make any representation with regard to the matter of such surcharge or disallowance after an opportunity to do so has been afforded to him by the auditor in accordance with the provisions of this subsection.
|
|
(g) The Minister1 shall decide every appeal under this subsection according to the merits of the case, and may by order direct the recovery from the appellant of the whole or any portion of the amount surcharged or disallowed, if he thinks fit [1] to do so ; and if he finds1 that any surcharge or disallowance has been lawfully made, but that the subject-matter thereof was incurred in such circumstances as to make it fair and equitable that the surcharge or disallowance should be remitted, the Minister [1] may by order direct that the same shall be remitted, but that the amount of the costs and expenses which may have been incurred by the auditor in the enforcing of such surcharge or disallowance, or any portion thereof, shall be recovered from such person.
|
|
(h) Every sum certified to be due from any person by the auditor as aforesaid shall be paid by such person to the Village Committee within fourteen days after the decision of the auditor has been communicated to such person, unless there is an appeal against the decision; and if such sum is not so paid and there is no such appeal, it shall be the duty of the Village Committee to recover the sum from such person, and any sum so certified, together with all costs and expenses incurred in connexion with the enforcement thereof, may, on application to a Magistrate having local jurisdiction, be recovered in the same manner as if it were a fine imposed by such Magistrate.
|
|
(i) Any amount directed to be recovered from any such person by any order made by the Minister [1] under this subsection may forthwith be recovered by the Village Committee in the same manner as any sum certified by the auditor is recoverable under the provisions of this subsection.
|
|
|
Deposit and use of communal fund.
[ 4, 60 of 1938.]
|
[ [ 7, 17 of 1947.]
|
|
49.
|
(1) The communal fund of each village area shall be deposited with the Government Agent to the credit of an account bearing the name of that area, and such of the moneys payable into that fund as are collected or recovered by the Village Committee, or by the Chairman on behalf of the Village Committee, shall be paid by the Chairman into that account within two weeks of the receipt thereof.
|
|
(2) No payment shall be made out of the communal fund by the Government Agent except on an order of payment under the hand of the Chairman, or of the Vice-Chairman acting under the authority of the Chairman ; and no order of payment shall be issued by or under the authority of the Chairman unless the expenditure to which it relates has been authorized by the Committee, either generally or by a resolution in that behalf.
|
|
(3) For the purposes of this section the Chairman of a Village Committee shall be deemed to be a public servant within the meaning of the Penal Code.
|
|
Interest on loans raised by Village Committee.
[ 4, 60 of 1938.]
|
[ [ 2, 8 of 1952.]
|
|
50.
|
(1) Every resolution passed by a Village Committee relating to the raising of a loan shall specify the rate of interest which is to be paid on the loan and the purposes to which the money is to be applied, and a copy of the resolution shall be submitted forthwith to the Minister [1] for approval.
|
|
(2) No loan shall be raised by a Village Committee unless the resolution relating thereto has been approved by the Minister with the concurrence of the Minister of Finance.[1]
|
|
(3) The Minister’s approval of a resolution passed by a Village Committee relating to the raising of a loan shall not be necessary if the amount outstanding in respect of all loans already raised by such Committee does not exceed the total income received by such Committee during the three years immediately preceding the year in which the loan referred to in such resolution is to be raised.
|
|
|
| SUPPLEMENTAL PROVISIONS RELATING TO VILLAGE COMMITTEES |
Payment of costs awarded against Village Committees.
|
51. All costs, charges, and expenses arising from or in respect of any suit, action, or legal proceeding, which a Village Committee may become liable to pay, shall be paid from the communal fund ; and no member of the Village Committee or inhabitant of the village area shall be personally liable for the payment thereof.
|
Rules as to meetings, land tax and finance.
[ 4, 60 of 1938.]
|
[ [ 12, 11 of 1940.]
|
|
52.
|
(1) The Minister [1] may make rules not inconsistent with the provisions of this Ordinance, on any matter connected with the execution or enforcement of those provisions, and without prejudice to the generality of the powers hereby conferred, may make such rules on all or any of the following matters : –
|
(a) the form of the notice summoning meetings of a Village Committee, the intervals at which ordinary meetings are to be held, and the procedure to be followed in the conduct of meetings ;
|
|
|
(b) * the manner in which the land tax is to be imposed and levied, or, in cases of default, recovered summarily by a Village Committee, and the manner in which property is to be assessed for the purposes of that tax ;
|
|
|
(c) the manner in which any rate is to be imposed and levied, or, in cases of default, recovered summarily by a Village Committee, and the manner in which property is to be assessed for the purposes of any such rate ;
|
|
(d) the manner in which any rent or fee which is not payable in advance under the by-laws made by a Village Committee, may be recovered summarily by the Village Committee in the event of default being made in the payment thereof ; * Application modified in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance.- See section 76 thereof.
|
|
(e) the several matters appertaining to finance and . the administration of funds and other property for which rules are required under section 48, and all other matters connected therewith or incidental thereto ;
|
|
(f) the returns to be rendered periodically by the several Village Committees to the Minister ;[1]
|
|
(g) the appointment, discipline, suspension and dismissal of officers and servants of Village Committees and –
|
(i) the qualifications necessary for appointment to each post or class or grade of posts ;
|
|
(ii) the scales of the salaries to be attached to the various posts or classes or grades of posts ;
|
|
(iii) the terms and conditions, and the duration, of any leave of absence that may be granted to officers and servants ;
|
|
(iv) the rates of the subsistence or travelling allowances payable by way of reimbursement of expenses incurred in the performance of any duty by officers or servants ;
|
|
(v) the payment of pensions or gratuities or of contributions from any provident fund that may be established to officers or servants on retirement from the service of Village Committees ;
|
|
|
(h) the establishment of a provident fund for the benefit of officers and servants, and the determination of the terms and conditions on which officers and servants may be required or permitted to participate in the maintenance of the fund ;
|
|
(i) the powers and duties of the Chairman in his capacity of chief executive officer of a Village Committee ;
|
|
|
(j) the procedure to be followed by a Village Committee before any area, to which by-laws under section 42 (2) (vii) are to apply, is defined.
|
|
|
(2) Every rule made by the Minister1 under this section shall be published in the Gazette and shall be brought before the Senate and the House of Representatives, [1] as soon as may be after such publication, by a motion that such rule shall be approved.
|
|
|
(3) Every rule made by the Minister1 shall, when approved by the Senate and- the House of Representatives, [1] be as valid and effectual as if it were herein enacted, and shall prevail over any by-law made or deemed to be made by a Village Committee in respect of the same matter or for the same purpose. Notification of such approval shall be published in the Gazette.
|
|
Publication of by-laws and translation in village area.
|
53.
|
(1) As soon as may be after the publication, in the Gazette, of any by-law made by a Village Committee under section 42, the Assistant Commissioner shall cause such by-law to be translated and printed at the expense of the Committee in the language or languages prevailing in the village area in which the by-law is to be enforced.
|
|
(2) The Village Committee shall cause copies of the by-law, and copies of the translation thereof, to be made available for purchase at the Village Committee office at such price as may be fixed by the Assistant Commissioner.
|
|
Removal of Chairman and dissolution of Committee.
|
54. If at any time the Minister [1] is satisfied that there is sufficient proof of –
|
(a) incompetence and mismanagement, or
|
|
(b) persistent refusal or wilful neglect to perform the duties imposed by this Ordinance, or
|
|
(c) misconduct in the performance of those duties, or
|
|
|
(d) persistent disobedience to or disregard of the directions, instructions or recommendations of the Minister,[1] or
|
|
(e) abuse of the powers conferred by this Ordinance, on the part of the Chairman of a Village Committee or on the part of the Village Committee, the Minister [1] may by Order published in the Gazette –
|
(i) remove the Chairman from office, or
|
|
|
(ii) dissolve the Village Committee and either direct that 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 a fresh Village Committee for the village area for which the dissolved Village Committee was constituted or direct any public officer to administer the affairs of that village area for such period as may be specified in the Order.
|
|
|
Consequences of order for removal of Chairman or dissolution of Committee.
[ 4, 60 of 1938.]
|
[ [ 90, 53 of 1946.]
|
|
55. Upon the publication of an Order under section 54 the following consequences shall ensue : –
|
(a) if the Order removes the Chairman from office, he shall be deemed to vacate forthwith the office of member of the Committee as well as the office of Chairman ;
|
|
(b) if the Order directs the Assistant Commissioner to administer the affairs of the area, all the property and the rights under contracts, and all the powers vested in the Committee, shall be deemed to be vested in the Assistant Commissioner for all the purposes of this Ordinance ; and all the liabilities and duties of the Committee shall be deemed to be transferred to him and shall be discharged by him, until the end of the period specified in the Order.
|
|
Breach of by-laws to be an offence.
[ 4, 60 of 1938.]
|
[ [ 57, 12 of 1945.]
|
|
56. Every breach of a by-law made or deemed by virtue of any written law to have been made under this Ordinance, shall be an offence punishable in the manner provided by section 26 of the Rural Courts Ordinance, by the Rural Court having jurisdiction over the area in which the breach takes place.
|
Annual report of Commissioner of Local Government on affairs of each Village Committee.
|
57.
|
(1) The Commissioner of Local Government shall prepare and transmit to the Chairman of each Village Committee a report containing a general survey of the affairs of the Committee in each year, and the Chairman shall cause such report to be tabled for the information of the members of the Committee at the next meeting of the Committee held after the receipt of such report.
|
|
(2) For the purpose of preparing the report referred to in subsection (1), the Commissioner of Local Government or any officer generally or specially authorized in that behalf by him may –
|
(a) inspect any public building, immovable property or institution used, occupied or carried on by or on behalf of any Village Committee, or any work in progress under the direction of any Village Committee ;
|
|
(b) call for and inspect any book or document in the possession or under the control of any Village Committee ; and
|
|
(c) require any Village Committee to furnish accounts of income and expenditure, reports or copies of documents relating to the proceedings or duties of the Committee, and such other information as may be considered necessary by the Commissioner of Local Government.
|
|
|
|
|
|
58. In this Ordinance, unless the context otherwise requires –
|
|
” administrative region ” means an administrative region defined by Order made under section 2 of the Local Government (Administrative Regions) Ordinance ;
|
|
|
” annual value ” means the annual rent which a tenant might reasonably be expected, taking one year with another, to pay for any house, building, land, or tenement, if the tenant undertook to pay all public rates and taxes, and if the landlord undertook to bear the cost of insurance, repairs, maintenance, and upkeep, if any, necessary to maintain the house, building, land, or tenement in a state to command that rent :
|
|
Provided that, in the computation and assessment of annual value –
|
(a) the probable annual average cost of such insurance, repairs, maintenance, and upkeep shall be deducted ;
|
|
(b) no allowance or reduction shall be made for any period of non-tenancy whatsoever ;
|
|
|
|
” Assistant Commissioner “, in relation to any village area, means the Assistant Commissioner of Local Government for the administrative region within which the village area is situated ;
|
|
|
” Commissioner of Local Government ” includes any Deputy Commissioner of Local Government ;
|
|
” co-operative society ” means any society registered under any law for the time being in force relating to such societies ;
|
[ 90, 53 of 1946.]
|
[ [ 7, 22 of 1955.]
|
|
” district ” means an administrative district ;
|
|
|
” elections officer ” means the elections officer of a district appointed under the provisions of written law for the time being applicable in that behalf and includes any assistant elections officer so appointed ;
|
|
” divisional revenue officer ” includes a ratemahatmaya, mudaliyar, adigar, maniagar, or vanniya ;
|
|
* Shall not have effect in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance. – See section 76 thereof.
|
|
” divisional revenue officer’s division ” means the area under the supervision of a divisional revenue officer ;
|
|
” excepted persons ” means persons resident in Ceylon and being –
|
(a) persons commonly known as Europeans,
|
|
(b) persons commonly known as Burghers. and
|
|
(c) labourers as defined in the Estate Labour (Indian) Ordinance, including any woman or child related to any such labourer or any aged or incapacitated relative of any such labourer ;
|
|
|
|
” first general election ” means a general election held for the purposes of electing the first members of a Village Committee to be constituted for a village area under this Ordinance ;
|
|
” Fiscal ” includes a Deputy Fiscal within the province of the Fiscal ;
|
|
|
” Government Agent ” includes an Assistant Government Agent ;
|
|
|
” local authority ” means a Municipal Council, Urban Council, or Town Council ;
|
|
” minor headman ” means any headman other than a divisional revenue officer and includes a muhandiram, korala, udayar, vidane arachchi, or village headman ;
|
|
” plantation ” includes any land on which tea, coffee, cacao, cardamoms, cinchona, or rubber is growing, and any coconut estate of over five acres in extent ;
|
|
” produce ” includes the fruit, leaf, bark, latex, and roots of any plant or tree cultivated on a plantation; ” village area” means a portion of a divisional revenue officer’s division declared to be a village area by Order [1] under section 3 or deemed by virtue of any written law to be a village area under this Ordinance ;
|
|
” village headman ” includes a police vidane or gan-arachchi;
|
|
” voter ” in relation to any ward means a person entitled under section 9 to vote at an election of a member for that ward ;
|
|
” ward ” means a ward of a village area within the meaning of section 8.
|
Schedules
|
|
