GAS

1. This Ordinance may be cited as the Gas Ordinance.

2. The following words and expressions in this Ordinance shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction :-

” company ” shall include a person;

” street” shall include any square, court, alley, highway, lane, thoroughfare, or public passage or place.

3. It shall be lawful for the Minister, if it shall appear to his satisfaction that a company is in a position to undertake, with advantage to the public, to supply any Municipal town in Ceylon with gas, to empower, by Order to be for that purpose issued and published in the Gazette, such company to construct the necessary works for supplying any town named in the said Order with gas.

4.

5. The said company so empowered, and its agents, servants, and workmen, shall thereupon be entitled to open and break up the soil and pavement of the several streets and bridges in the town or place in which it is declared entitled, by the said Order, to establish gasworks, and to open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same pipes, conduits, service pipes, and other works, and from time to time repair, alter, or remove the same, and also make any sewers that may be necessary for carrying off the washings and waste liquids which may arise in the making of the gas; and for the purposes aforesaid to remove and use all earth and materials in and under such streets and bridges; and in such streets to erect any pillars, lamps, and other works, and do all other acts which the said company shall, from time to time, deem necessary for supplying gas to the inhabitants of the said town or place and its environs, doing as little damage as may be in the execution of the powers hereby granted and making compensation for any damage which may be done in the execution of such powers.

6. Provided always that nothing herein shall authorize or empower the said company to lay down or place any pipe or other works into, through, or against any building, or in any land not dedicated to public use, without the consent of the owners and occupiers thereof, except that the said company may at any time enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Ordinance and may repair or alter any pipe so laid down.

7. Before the said company proceed to open or break up any street, bridge, sewer, drain, or tunnel they shall give to the Municipal Council for the town named in the Order as aforesaid, or other persons under whose control or management the same may be, or to their clerk, surveyor, or other officer, notice in writing of their intention to open or break up the same, not less than three clear days before beginning such work except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work, or the necessity for the same shall have arisen.

8. No such street, bridge, sewer, drain, or tunnel shall, except in the cases of emergency aforesaid, be opened or broken up except under the superintendence of the persons having the control or management thereof, or of their officer, and according to such plan as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, then according to such plan as shall be determined by the Municipal Council of the town or place; and such Council may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the said company to make such temporary or other works as they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain:

Provided always that if the persons having such control or management as aforesaid, and their officer, fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having had such notice of the said company’s intention as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the said company may perform the work specified in such notice without the superintendence of such persons or their officer.

9. When the said company open or break up the road or pavement of any street or bridge, or any sewer or tunnel, they shall, with all convenient speed, complete the work for which the same shall be broken up, and fill in the ground, and reinstate and make good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby; and shall at all times, whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall cause a light sufficient for the warning of passengers to be set up and maintained against or near such road or pavement where the same shall be open or broken up, every night during which the same shall be continued open or broken up; and shall keep the road or pavement which has been so broken up in good repair for three months after replacing and making good the same, and for such further time, if any, not being more than twelve months in the whole, as the soil so broken up shall continue to subside.

10. If the said company open or break up any street or bridge, or any sewer, drain, or tunnel without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid, when so required, except in the cases in which the said company are hereby authorized to perform such works without any superintendence or notice ; or if the said company make any delay in completing any such work, or in filling in the ground or reinstating and making good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned thereby; or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same shall have been made good, or such further time as aforesaid, they shall forfeit to the persons having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such default is made a sum not exceeding fifty rupees for every such offence, and they shall forfeit an additional sum not exceeding fifty rupees for each day during which any such delay aforesaid shall continue after they shall have received notice thereof.

11 If any such delay or omission as aforesaid take place the persons having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such delay or omission shall take place may cause the work so delayed or omitted to be executed, and the expense of executing the same shall be repaid to such persons by the said company ; and the amount of such expense shall, in case of any dispute about the same, be ascertained by the Municipal Council of the town or place, and shall be certified to by the Mayor or secretary thereof, and if the company should fail to pay the same within a week after notice thereof, the amount appearing in the certificate shall be recovered by a Magistrate’s Court as if it were a fine imposed by such court whether or not such amount shall exceed the sum which a Magistrate’s Court has jurisdiction to award by way of fine.

12. The clerk, engineer, or other officer duly appointed for the purpose by the said company may at all reasonable times enter any building or place lighted with gas supplied by the said company in order to inspect the meters, fittings, and works for regulating the supply of gas, and for the purpose of ascertaining the quantity of gas consumed or supplied; and if any person hinder such officer as aforesaid from entering and making such inspection as aforesaid at any reasonable time, he shall, for every such offence, forfeit to the said company a sum not exceeding fifty rupees.

13. If any person supplied with gas, or any person to whom any meter or fitting shall have been let for hire by the said company, neglect to pay the rent due for the same to the said company, the said company may stop the gas from entering the premises of such person, by cutting off the service pipes, or by such means as the said company shall think fit, and recover the rent due from such person, together with the expenses of cutting off the gas, by action in any court of competent jurisdiction.

14. In all cases in which the said company are authorized to cut off and take away the supply of gas from any house or building or premises under the provisions of this Ordinance, the said company, their agents or workmen, after giving twenty-four hours’ previous notice to the occupier, may enter into any such house, building, or premises, between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any pipe, meter, fittings, or other works, the property of the said company.

15. Any meter or fitting let for hire by the said company shall not be subject to distress for rent or revenue or any rate due upon the premises where the same may be used, nor be taken in execution under any process of a court or any proceeding in insolvency against the person in whose possession the same may be.

16. Every person who shall lay, or cause to be laid, any pipe to communicate with any pipe belonging to the said company, without their consent, or shall fraudulently injure any such meter as aforesaid, or who, in case the gas supplied by the said company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the said company, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use or burn the gas, or shall supply any other person with any part of the gas supplied to him by the said company, shall forfeit to the said company the sum of fifty rupees for every such offence, and also the sum of twenty rupees for every day such pipe shall so remain, or such works or burner shall be so used, or such excess be committed or continued, or such supply furnished ; and the said company may take off the gas from the house and premises of the person so offending, notwithstanding any contract which may have been previously entered into.

17. Every person who shall wilfully remove, destroy, or damage any pipe, pillar, post, plug, lamp, or other work of the said company for supplying gas, or who shall wilfully extinguish any of the public lamps or lights, or waste or improperly use any of the gas supplied by the said company, shall for each such offence forfeit to the said company any sum not exceeding fifty rupees in addition to the amount of the damage done.

18.Every person who shall carelessly or accidentally break, throw down, or damage any pipe, pillar, or lamp belonging to the said company, or under their control, shall pay such sum of money by way of satisfaction to the said company for the damage done, not exceeding fifty rupees, as any Magistrate’s Court shall think reasonable.

19. If the said company shall at any time cause or suffer to be brought or to flow into any stream, reservoir, aqueduct, pond, or place of water, or into any drain communicating therewith, any washing or other substance produced in making or supplying gas. or shall wilfully do any act connected with the making or supplying of gas whereby the water in any such stream, reservoir, aqueduct, pond, or place for water shall be fouled, the said company shall forfeit for every such offence a sum not exceeding one thousand rupees; and they shall forfeit an additional sum not exceeding five hundred rupees for each day during the which such washing or other substance shall be brought or shall flow, or the act by which such water shall be fouled shall continue after the expiration of twenty-four hours from the time when notice of the offence shall have been served on the said company by the person into whose water such washing or other substance shall be brought or shall flow, or whose water shall be fouled thereby: and such penalties shall be paid to such last-mentioned person.

20. Whenever any gas shall escape from any pipe laid down or set up by or belonging to the said company, they shall immediately after receiving notice thereof in writing prevent such gas from escaping ; and in case the said company shall not, within twenty-four hours next after service of such notice, effectually prevent the gas from escaping and wholly remove the cause of complaint, they shall for every such offence forfeit the sum of fifty rupees for each day during which the gas shall be suffered to escape after the expiration of twenty-four hours from the service of notice.

21. Whenever any water shall be fouled by the gas of the said company they shall forfeit, to the person the water used by whom shall be so fouled, for every such offence a sum not exceeding two hundred rupees, and a further sum not exceeding one hundred rupees for each day during which the offence shall continue after the expiration of twenty-four hours from the service of notice of such offence.

22. For the purpose of ascertaining whether such water be fouled by the gas of the said company, the person to whom the water supposed to be fouled shall belong may dig up the ground and examine the pipes, conduits, and works of the said company:

Provided that such person, before proceeding so to dig and examine, shall give twenty-four hours’ notice in writing to the said company of the time at which such digging and examination is intended to take place, and shall give the like notice to the persons having the control or management of the road, pavement, or place where such digging is to take place, and they shall be subject to the like obligation of reinstating the said road and pavement, and the same penalties for delay, or any nonfeasance or misfeasance therein, as are hereinbefore provided with respect to roads and pavements broken up by the said company for the purpose of laying their pipes.

23. If upon any such examination it appear that such water has been fouled by any gas belonging to the said company the expenses of the digging, examination, and repair of the street or place disturbed in any such examination shall he paid by the said company ; but if upon such examination it appear that the water has not been fouled by the gas of the said company, the person causing such examination to be made shall pay all such expenses, and shall also make good to the said company any injury which may be occasioned to their works by such examination.

24. The amount of the expenses of every such examination and repair, and of any injury done to the said company, shall in case of any dispute about the same, together with the costs of ascertaining and recovering the same, be ascertained and recovered in the manner prescribed for the ascertainment and recovery of expenses in section 11 of this Ordinance.

25. Nothing in this Ordinance contained shall prevent the said company from being liable to an indictment for nuisance or to any other legal proceedings to which they may be liable in consequence of making or supplying gas.

26. A copy of the original deed of association of the company formed as aforesaid, and of every other instrument registered under the law, under which such company may be formed as constituting the regulations of the said company, and a copy of every special resolution of a general meeting whereby any change shall have been or at any time shall be made in the regulations of the said company, shall be kept at the office of the said company in the town or place where the gasworks are established, and shall there be open to the inspection of all persons during the usual hours of business of the said office; and a copy of such original deed of association and of every other such instrument, and of every special resolution as aforesaid, shall also be deposited by the said company as soon as it can be done after the passing of this Ordinance, or after the making of any such special resolution hereafter to be made, in the office of the Registrar of Companies, and shall there be filed ; and an examined copy of any such filed copy as aforesaid, certified by and under the hand of the Registrar of Companies, shall be good and sufficient evidence of each such original deed, instrument, or special resolution in all actions, suits, and proceedings whatsoever, whether civil or criminal, to be had in any Court of Justice, or before any Magistrate or revenue or other officer, and whether acting judicially or in any proceeding preliminary to a judicial inquiry throughout Ceylon.

27. All services of process, and all notices whatsoever, which by law or by the practice of any court wherein the said company shall sue or be sued are required to be made, served, or given for any purpose whatsoever to the said company, shall and may be made, served, and given, in addition to all ways and means by which the same may otherwise be legally made, served, and given, by leaving the same, addressed to the managing agent of the said company, at the office of the said company.