MUNICIPAL COUNCILS

(a) declare area to be a any Municipality;

(b) define the limits of the Municipality so declared; and

(c) assign a name and designation to the Municipal Council to be constituted for the Municipality so declared.

(1) The term of office of each Councillor elected at a general-election shall commence-

and shall expire on the thirty-first day of December of the fourth year thereafter (inclusive of the year in which such term of office commenced) or on such other date as may be appointed by the Minister under subsection (2).

(2) The Minister may by Order published in the Gazette-

(1) Where any person who is elected as a Councillor decides for any reason not to serve as a Councillor, he may-

(2) Any Councillor who, without leave of the Council first obtained, fails to attend three consecutive general meetings of the Council shall ipso facto vacate his office.

(3) If any person elected as a Councillor refuses or resigns his office, or dies, or vacates his office under subsection (2) or if a casual vacancy occurs in any other manner in such office, the Mayor or the Commissioner, as the case may be, shall send a written communication to that effect to the elections officer. Upon the receipt of such communication, the elections officer shall, unless the Minister[1]by order published in the Gazette otherwise direct, hold a by election in accordance with the provisions of the local Authorities Elections Ordinance for the purpose of filling up such vacancy, and the person thereupon elected shall serve as a Councillor until the expiry of the term of office of the Councillors elected at the last preceding general election.

(1) As soon as convenient after the commencement of the term of office of the Councillors elected at any general election of a Municipal Council, the Commissioner shall by written notice summon the Councillors to the first general meeting of the Council, notwithstanding anything to the contrary contained in section 19.

(2) Where for any reason the first general meeting of the Council is not held on the date appointed under subsection (1) for the purpose, the Commissioner may, by further written notice or notices, appoint as often as may be necessary any other date for that meeting, so however that such other date is within a period of three months next succeeding the date first appointed by him under subsection (1).

(3) The first business at such meeting shall be the election of a Mayor and Deputy Mayor of the Council, and for the purpose of such election and until the election has been completed, the Commissioner shall be the chairman of the meeting.

(4) The name of any Councillor may with his consent be proposed and seconded for election as Mayor or Deputy Mayor by any other Councillor present at such meeting and the Councillors present shall there-upon elect, in accordance with the provisions of subsection (5), a Mayor and a Deputy Mayor from among the Councillors proposed and seconded for election as Mayor and Deputy Mayor respectively.

(5)

(6) Immediately after the election of a Mayor and a Deputy Mayor, the Commissioner shall vacate the chair and the Mayor so elected shall, if he is present, be the chairman and shall preside at such meeting.

(7) In the case of any Council, the failure to hold the first meeting aforesaid before the end of the period of three months mentioned in subsection (2) shall constitute, within the meaning of section 277, persistent default on the part of the Council in the performance of the duties imposed upon it; and accordingly the Minister may dissolve the Council under that section in the event of such failure.

(8) The Mayor may, with the consent of the Council, by order in writing, delegate to the Commissioner or any other officer of the Council any of the powers, duties or functions conferred or imposed upon, or vested in the Mayor by this Ordinance or any other written law.

(9) The exercise, discharge or performance by the Commissioner or any other officer of the Council of any power, function or duty delegated to him by order of the Mayor shall be subject to such conditions and restrictions and limited to such purpose or purposes as may be specified in the order ; and any such delegation may at any time be varied or cancelled by order of the Mayor.

(1) Any Councillor elected as Mayor or Deputy Mayor of the Council shall, subject to the provisions of subsections (2) and (3), hold office as such until the expiration of the term of office of the Councillors then in office :

Provided however that the person holding office as Mayor on the date of such expiration shall be deemed for the purposes of this Ordinance or of any other written law, to be the Mayor of the Council until a new Mayor is elected.

(2) If, at a special meeting of the Council convened under paragraph (a) of subsection (2) of section 18, a resolution for the removal of the Mayor or Deputy Mayor from office is passed by not less than one-half of the total number of Councillors and is confirmed by a resolution similarly passed at another special meeting of the Council convened under paragraph (b) of that subsection, he shall be deemed to vacate office on the date on which the resolution for such removal is so confirmed.

(3) If the Mayor or Deputy Mayor dies, or resigns, or vacates his office as such, or vacates his office as a Councillor, the Commissioner shall, by notice in writing, summon the Councillors to a meeting for the purpose of holding an election to fill the office ; and the provisions of section 14 shall apply to and in relation to the meeting and the election.

(1) The Mayor may, whenever he thinks fit, and shall upon a written requisition signed by any three Councillors, call a special meeting of the Council to be held at the Municipal office, other than a special meeting of the Council for the removal of the Mayor or Deputy Mayor from office.

(2)

(1) The Mayor shall cause notice in writing of every general or special meeting or adjourned meeting of the Council, other than a special meeting convened by the Commissioner under subsection (2) of section 18, and of the business to be transacted thereat to be served on each Councillor at least four days before the meeting.

(2) The Commissioner shall cause notice in writing of every special meeting convened under subsection (2) of section 18 and of the business to be transacted thereat to be served on each Councillor at least four days before the meeting.

(1) All matters or questions authorized by this Ordinance or by any other written law to be decided by a Municipal Council shall be decided by a majority of the Councillors present and voting at any general or special meeting.

(2) No business shall be transacted at any meeting of the Council unless one-third of the number of Councillors in office on the day of that meeting is present.

(1) Every Municipal Council shall at its first general meeting in each year elect by ballot from among the Councillors a standing committee on finance and not less than two other standing committees.

(2) The Mayor shall not be eligible for election to any standing committee,

(3) A Councillor other than the Mayor shall not be eligible for election to more than one standing committee until every other such Councillor has been elected to at least one standing committee and shall not in any event be eligible for election to more than two standing committees.

(4) Every standing committee other than the standing committee on finance shall consist of six Councillors elected as aforesaid, and the standing committee on finance shall consist of five Councillors so elected and the Mayor who shall ex officio be a member of it. If during the year any vacancy occurs in any standing committee the Council shall at a general or special meeting elect a Councillor to fill the vacancy.

(5) The Mayor shall ex officio be the chairman of the standing committee on finance, but every other standing committee shall at its first meeting elect by ballot its own chairman.

(6) The Mayor may be present and may speak but not vote at a meeting of any of the standing committees other than the standing committee on finance; and, if present, he shall preside and may both speak and vote at every joint meeting of the standing committee on finance and any other standing committee or committees.

(7) In the absence of the Mayor from any meeting of the standing committee on finance, or from any joint meeting of that committee and any other standing committee or committees, and in the absence from any meeting of any such other standing committee of the chairman elected under subsection (5), the members of the committee or committees concerned shall elect a chairman for the meeting from among their own number.

(8) Every standing committee shall exercise, perform and discharge such powers, duties and functions as are delegated to it by the Council, or otherwise conferred or imposed upon, or vested in it.

(9) No business shall be transacted at any meeting of a standing committee or at any joint meeting of two or more standing committees unless the prescribed quorum is present. Until a by-law is made by the Council prescribing the quorum at any meeting of a standing committee or at any joint meeting of two or more standing committees, one-third of the total number of the members of such committee or committees, as the case may be, shall form a quorum:

Provided that at least one member of each such committee is present.

(10) The Council may by resolution decide that the election of the standing committees referred to in subsection (1) shall be adjourned to the second general meeting of the Council in any year and, upon the passing of any such resolution, such election shall be so adjourned and the provisions of subsections (1) to (4) shall apply accordingly subject only to the modification effected by such resolution.

(1) A Municipal Council may, from time to time, appoint from among the Councillors special committees, consisting of such number as it thinks fit, for the purpose of inquiring into and reporting upon any Municipal matter.

(2) Every special committee shall at its first meeting elect by ballot its own chairman and shall continue to be a committee until it has reported to the Council and until its report has been finally considered by the Council.

(3) At the time of appointing a special committee, the Council may determine the number of members who are to form a quorum; and where such quorum is not determined by the Council two-thirds of the members of the special committee shall form a quorum at any meeting thereof.

(1) Every Municipal Council shall be a corporation with perpetual succession and a common seal and shall have power, subject to this Ordinance, to acquire, hold and sell property, and may sue and be sued by such name and designation as may be assigned to it under this Ordinance.

(2) The common seal of the Council shall remain in the custody of the Commissioner, and shall not be affixed to any contract or other instrument on behalf of the Council, except in the presence of the Mayor or Deputy Mayor and the Commissioner who shall sign their names to such contract or other instrument in token of their presence.

(a) waste lands;

(b) stone, gravel and cabook quarries;

(c) lakes, ponds, reservoirs, tanks, aqueducts and other waterworks;

(d) Crown lands, whether with or without buildings,

(1) A vesting order, certificate or other record signed by the person authorized to make over any property referred to in section 35, and by the officer of the Municipal Council authorized to receive or accept such property on behalf of the Council, shall be sufficient, and shall be deemed at all times to have been sufficient, to vest such property and all right, title and interest in such property in the Council:

Provided, however, that nothing in section 35 or in the preceding provisions of this section shall be deemed-

(2) All property vested in a Municipal Council shall be administered, and the revenue thereof shall be employed and made use of, for the purposes of this Ordinance.

(1) There shall be further vested in each Municipal Council, for the purposes of his Ordinance, the following classes of property:-

(2) Any property referred to in paragraph (e) of subsection (1) may be sold or otherwise disposed of by the Council, from time to time, as it may deem necessary, and the revenue arising from such sale or disposition shall be credited to the Municipal Fund.

(1) A Municipal Council may at any time by resolution appoint an agent or agents outside Ceylon for the purpose of entering into contracts on its behalf with persons resident or carrying on business outside Ceylon, for the execution or performance of any work or service or for the supply of any articles or materials.

(2) Any such appointment shall, until revoked by the Council, confer on the agent or agents appointed full authority to enter into any such contract on behalf of the Council when requested to do so by the Council.

(1) For the purpose of the discharge of its duties under this Ordinance, a Municipal Council (without prejudice to any other powers specially conferred upon it) shall have the following powers :-

(2) The proceeds of any sale or lease by a Municipal Council under subsection (1) shall be paid into the Municipal Fund.

(3) Nothing in subsection (1) (e) shall be deemed or construed to empower the Municipal Council to abolish the office of Mayor, Deputy Mayor, Municipal Commissioner or Municipal Magistrate.

(1) Whenever it appears to a Municipal Council that an examination or survey of any private lands, buildings, or premises is necessary for any Municipal purpose, it shall be lawful for the Council to direct any officer or servant of the Council to make such survey, and it shall thereupon be lawful for such officer or servant and his workmen to enter upon such premises and to do thereon any of the following acts :-

Provided that full compensation shall be paid for any damage done ;

And provided further, that no person shall enter any building or any enclosure attached to a dwelling house (except with the consent of the occupier thereof) without previously giving such occupier, at least three days’ notice of his intention to do so.

(2) Every mark fixed under paragraph (e) of subsection (1) shall be deemed to be the property of the Council.

(1) Every Municipal Council shall establish and maintain an office within the Municipality for the transaction of business. Such office shall be called the ” Municipal Office “.

(2) There shall be kept at the Municipal office during all hours of business a box for the reception of petitions, and a book for the registry of such petitions and of the orders passed thereon, after inquiry and report by the proper officer.

(a) to maintain and cleanse all public streets and open spaces vested in the Council or committed to its management;

(b) to enforce the proper maintenance, cleanliness and repair of all private streets;

(c) to supervise and provide for the growth and development of the Municipality by the planning and widening of streets, the reservation of open spaces, and the execution of public improvements;

(d) to abate all nuisances;

(e) to establish and maintain (subject to the extent of its resources) any public utility service which it is authorized to maintain under this Ordinance and which is required for the welfare, comfort or convenience of the public;

(f) generally to promote the public health, welfare and convenience, and the development, sanitation and amenities of the Municipality

(a) lay out and construct new streets, bridges or tunnels;

(b) widen, open, enlarge or otherwise improve, or turn, divert, discontinue, or stop up, whether in whole or in part, any street to which the Thoroughfares Ordinance does not apply and, with the sanction of the Minister charged with the subject of thoroughfares, any other street,

(1) If in connexion with the laying out turning, diversion, widening, opening, enlargement, or improvement of any street, it becomes necessary for any Municipal Council to take possession, for public use, of the land of any person, it shall be lawful for such Council to make an agreement with the owner for the compensation to be paid for such land, and for any building, boundary wall, gateway, fence or tree standing thereon, either by allowing him to possess the ground, or part of the ground, of the former street or by the grant of other land in exchange or by payment of money or by any two or more of such methods.

(2) Any land of which possession is taken by a Municipal Council in pursuance of any agreement under subsection (1) shall vest in the Council without any formal transfer thereof, and the certificate of the Mayor of the Council that any person has been allowed by the Council to possess any part of the ground of any former street or any land given in exchange under subsection (1), together with a survey thereof, shall be a sufficient proof of the right of such person to such ground or land.

(3) Where a Municipal Council cannot agree with the owner of any land as to the compensation to be made under subsection (1), or where such owner cannot be found, or where the Council does not deem it advisable to enter into any agreement with the owner of any land, then proceedings may be taken to obtain possession of such land, and for compensating the owner, in the manner prescribed by section 45.

(4) Every agreement under subsection (1) shall be in writing, but section 2 of the Prevention of Frauds Ordinance shall not apply to any such agreement or to any certificate issued under subsection (2).

(a) to make and erect temporary buildings on any land adjacent or near thereto for the accommodation of such officer, or for the accommodation of the servants, workmen, labourers, animals, carriages, or things employed by him during the progress of the work; and

(b) to keep all such animals as may be employed by him duly tethered and stabled upon any lands near or adjacent thereto, and to continue so to keep the animals on such lands for such time as may be necessary;

(1) to water the streets;

(2) to remove projections, encroachments and obstructions in or upon any street subject to the conditions that where the person responsible therefor is known to the Council, such action shall be taken by the Council, only after notice has been given to him, and he fails to remove such projections or encroachments or obstructions within such time as may be specified in the notice or with due diligence;

(3) to shut up and secure deserted houses;

(4) to recover in manner hereinafter provided the expenses incurred by any action taken under paragraphs (2) and (3) hereof from the person whose act or neglect shall have rendered such action necessary.

(1) Every Municipal Council shall determine the name by which any street shall be known and may at any time alter the name of any street.

(2) Before any private street is given a name or before the name of any street is altered, the Council shall cause notice of the proposed, name to be posted at either end of such street, and to be given to the owners of land abutting such street; and any such owner may, within fifteen days of the posting of such notice or the date on which such notice is given, whichever is later, object to the proposed name, by sending to the Council a written statement containing the grounds on which his objections are based. The Council shall, after considering the objections, if any, determine the name by which such private street shall be known.

In this subsection, “private street” means a street over which, the public have no right of way.

(3) The Council shall determine the number by which any house or tenement shall be distinguished and may alter such number, from time to time, as occasion may require.

(4) It shall be lawful for the Council to paint or otherwise mark or exhibit the name of any street or the number of any house or tenement on any private property and, from time to time, to alter or renew such inscription of the name or the number, as the case may be, whenever such name or number is altered or the inscription becomes illegible.

(5) Any person who, without the authority of the Council, destroys, pulls down, defaces or alters any inscription of the name of any street or the number of any house or tenement which has been lawfully set up by the Council or sets up in any street any name different from the name lawfully given to such street or sets up in any house or tenement any number other than the number lawfully given to such house or tenement, shall be guilty of an offence.

(6) For the purposes of this section and of section 188 (I) (d), the word “street” includes any road, footway, or passage used or intended to be used as a means of access to two or more houses or sites of houses whether the public have a right of way thereover or not, and any side-walk, and reservation at the site thereof.

(1) All doors, gates, bars, and ground floor windows put up on or after the 1st day of January, 1897, which open upon any street, shall be hung or placed so as not to open outwards, except when the same are hung or placed in such manner as may be approved by the Council.

(2) If (except as aforesaid) any such door, gate, bar, or window is hung or placed so as to open outwards on any such street, the owner of the premises to which the same is attached shall, within eight days after notice from the Council to that effect, cause the same to be altered so as not to open outwards; and in case the owner fails or neglects to do so, the Council may cause such alteration to be made, and the expenses incurred thereby shall be paid by such owner, and, in case of default, shall be recoverable as hereinafter provided.

(3) If any door, gate, bar, or ground floor window put up before the date specified in subsection (1) is hung or placed so as to open outwards upon any street, the Council may, at its own cost, alter the same so that no part thereof when open projects over any such street so as to cause an obstruction.

(1) Whenever it appears to a Municipal Council that° inclosure or obstruction has been raised or made in any street under the control of the Council, or on any waste or other land immediately adjoining such street and belonging to the State, it shall be lawful for the Council by written notice served on the person claiming to be the owner of the premises on which such building, inclosure, or obstruction has been raised or made, to demand the production of every deed, document, and instrument upon which such person founds such claim.

(2) In any of the following cases, that is to say:-

every such occupier, alleged owner, or person so refusing shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees.

(1) Every deed, document, or instrument the production of which is demanded by the Council under section 73 shall be produced on the premises to which it relates, or at such other place as the Council may require; and the power given by that section to demand the production thereof, shall be deemed to include the power to make such examination and copies of such deeds, documents, and instruments as may be necessary.

(2) Every person refusing or failing to permit the Council or any person authorized by the Council to examine any deed, document, or instrument or to take copies thereof, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees.

(1) Whenever it appears to the Council that the line of any street under the control of the Council has been altered without proper authority, or has been stopped up, or obstructed or encroached upon, the Council shall give notice in writing to the occupier of the land from off which the street is alleged or suspected to have been turned, or upon which such stoppage or obstruction or encroachment is alleged or suspected to have been made, that a survey of the premises has been made by or by the direction of the Council, and is open to the inspection of such occupier at a place to be mentioned in the notice, and that unless within one month from the service of the notice he, or the person under whom he holds, takes legal proceedings for establishing his title to such land, and for preventing the removal of any such obstruction or encroachment, the Council will proceed with the removal thereof in manner provided by section 77.

(2) If no legal proceedings are taken within the time specified in subsection (1) or being taken are not duly prosecuted, it shall be the duty of the Council to cause any such obstruction or encroachment to be forthwith removed as provided by section 77.

(3) Where legal proceedings are taken, it shall be incumbent on the party claiming to be the owner of the land from off which the line of any street is alleged to have been altered or turned, or upon which the stoppage or obstruction or encroachment is alleged to have been made, to prove his title to such land.

(1) It shall be lawful for the Council, through any person authorized by the Council in that behalf, to give order verbally or by notice in writing, to any person obstructing or encroaching upon any street under control of the Council, forthwith to remove or abate the obstruction or encroachment; and if any person to whom such order is given refuses or neglects to comply therewith within a reasonable time, or, if there be any doubt as to who is the proper person to whom such order should be given, after such notice has been fixed for a reasonable time to such obstruction or encroachment, it shall be lawful for the Council to cause any such obstruction or encroachment to be forthwith removed or abated.

(2) For the purpose of removing or abating any obstruction or encroachment under subsection (1), it shall be lawful for the Council or any person authorized by the Council to enter any house, garden, inclosure or other premises, together with such persons and with such implements and materials as may be necessary, and to proceed to do or take therein or cause to be done or taken all such acts or measures as may be necessary for such removal or abatement.

(3) The costs incurred in the removal or abatement of any obstruction or encroachment under this section by or under the authority of the Council shall be payable by the person whose failure to comply with the order under subsection (1) caused such costs to be incurred ; and such costs, where they are not paid by such person on demand, shall be certified by the Council to the Magistrate’s Court having jurisdiction over the area where such person resides and shall be recovered by that court in like manner as a fine imposed by the court. All moneys so recovered shall be paid by the court into the Municipal Fund.

(4) Where the removal or abatement of any obstruction or encroachment is effected after the due production of all deeds, documents, and instruments affecting the title to such premises, and such premises are nevertheless adjudged to be the property of the party laying claim to the same, such party shall be entitled to compensation from the Council for all loss and injury occasioned thereby; but if the party claiming to be the owner of such premises shall refuse or neglect to produce all such deeds, documents, and instruments, or if such deeds, documents, and instruments shall not be produced within ten days after application in that behalf, and the Council shall nevertheless have caused the removal of such building, inclosure, or encroachment, then, in the event of such premises being adjudged to be the property of the party claiming to be the owner thereof, such party shall not be entitled to any compensation for any loss or injury occasioned thereby.

(1) wilfully or negligently destroys, pulls up, defaces, throws down, breaks, or injures any milestone, mile-post, demarcation stone, demarcation post, lamp-post, or direction post, or any bridge, culvert, parapet, arch, wall, dam, drain, sluice, lock, bank, abutment, mound, prop, post, lamp, railing, chain, or fence belonging to any street or erected at or near any pit or quarry opened or used for getting road materials ; or

(2) wilfully and unnecessarily removes any fence, post, stone, log, or other thing laid or erected by the direction of any competent authority on or in any street, for the temporary prevention of the use thereof, or for preventing danger or injury to persons passing along the same whilst undergoing repair ; or

(3) without the permission of a competent authority, gathers or heaps up, or takes away, any stones, gravel, sand, or other material, or any slutch, dirt, drift, or soil from any street; or

(4) leads or drives any elephant, ox, horse, pig, or other animal or any vehicle from or off or on or into any street in such manner as to cause injury to the street or shall suffer any such animal to damage the street; or

(5) being the owner or occupier of any land contiguous to any street, suffers the passage through or into his land of the water from such street, or from any ditch or drain leading therefrom, to be obstructed, or suffers any water, filth, or other substance or thing to flow or run from such land or house into or upon any such street, or suffers any accumulation of dirt or rubbish in any drain opposite to his house or land to impede the flow of water; or

(6) without the previous consent of the Council, by any act on his land interferes with the free passage of water along or from any drain or culvert of any street; or

(7) hauls or draws upon any street any timber, stone, or other thing otherwise than upon a wheeled carriage, or suffers any timber, stone, or other thing carried principally or in part upon a wheeled carriage to drag or trail upon such street to the damage thereof; or

(8) makes or causes to be made any dam, ditch, drain, or watercourse upon or across, or otherwise breaks up, or injures, the surface of any street; or

(9) erects, sets up, lays down, or constructs, either permanently or temporarily in, along, under, or over any street, any post, pillar, lamp, wire, pipe, rails, or other plant, material, or works, without the permission of the Council, or otherwise than in accordance with the terms and conditions of such permission; or

(10) attaches additions to his house so as to project over the outer edge of the side drain of any street, or by means of temporary supports or otherwise exposes goods or wares of any description over any portion of a street or its side drain, or by causing carts to be loaded or unloaded in front of his dwelling in any way injures the side drain,

(1) It shall be the duty of every person who proposes to undertake any such operations for clearing, draining, or opening up any land in the vicinity of any street as are likely to cause injury to the street, or to impair the condition thereof by reason of any outflow or increased outflow of water or silt-

(2) Any person who undertakes any of the operations referred to in subsection (1) without giving the notice required by that subsection, or who otherwise makes default in complying with the requirements thereof, shall be responsible for any damage occasioned by such operations and for any expenses incurred by the Council for the purpose of preventing or remedying any damage that may be occasioned or apprehended in consequence of such operations, and the amount of any such damage or expenses may be recovered in the manner provided in section 77 for the recovery of the costs therein mentioned.

(1) Every person who, within a Municipality, turns loose or suffers to be turned loose any elephant, ox, buffalo, horse, sheep, goat, or other animal on to or into any street, or so that it makes its way on to or into any street, or ties or tethers or suffers to be tied or tethered any animal of any description in any manner which permits it to make its way on to or into any street, unless such animal is so tied or tethered during the time required for loading or unloading it, or for the loading or unloading of any cart or boat to which it may belong, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees;

Provided that where any such animal is found on or in any street or tied or tethered in such a way that it can make its way on to or into any street such animal shall be deemed to have been turned loose or suffered to be turned loose or to have been tied or tethered, or suffered to be tied or tethered, as the case may be, by the owner thereof unless he satisfies the court to the contrary.

(2) The owner of any pig found tied, straying, burrowing, or wallowing in any street or canal within a Municipality shall be guilty of an offence any shall be liable on conviction to a fine not exceeding fifty rupees; and it shall be lawful for any person to seize or shoot or otherwise destroy any pig that he may find tied, straying, burrowing, or wallowing in any such street or canal; and such person may, if he choose, take such pig to any peace or police officer of the area in which the offence was committed and such officer shall forthwith sell the pig and pay the proceeds of such sale to such person.

(3) Every person who, within a Municipality-

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees, and, in case of a continuing offence, to an additional fine not exceeding twenty-five rupees for each day during which such offence is continued after a conviction thereof.

(4) Every person who, within a Municipality, places or continues any kraal or fence or any other obstruction in any canal or river so as to impede or in any way interfere with the convenient navigation thereof, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees. It shall be lawful for the Council to cause any such kraal, fence or obstruction so placed or continued to be pulled up or otherwise destroyed, and to recover the costs thereof in the manner provided in section 77 for the recovery of the costs therein mentioned.

(1) It shall be lawful for any person authorized thereto by the Council to seize any ox, buffalo, horse, sheep, goat or pig which he may find tied, tethered, or straying on or about any street within the Municipality, unless such animal belongs to any cart or boat to which it is tied or tethered whilst the cart or boat is being loaded or unloaded, and to place every animal so seized in the pound established by the Council for the purpose.

(2) No animal seized under subsection (1) shall be delivered to the owner thereof unless upon payment of the sum of one rupee, or such other sum as the Council may by resolution fix, from time to time, for the use of the person by whom the animal may have been seized, and of a further sum of thirty cents, or such other sum as the Council may by resolution fix, from time to time, for each day during which the animal may have been kept in the pound.

(3) If no person claims any animal placed in the pound or pays the dues required by subsection (2) within ten days after the seizure of the animal, it shall be lawful for the Council to sell it by public auction, and after payment of two rupees, or such other sum as the Council may by resolution fix, from time to time, to the person by whom the animal was seized and of a further sum of fifteen cents, or such other sum as the Council may by resolution fix, from time to time, for each day during which the animal may have been kept and maintained in the pound, to pay any balance of the proceeds of such sale into the Municipal Fund, and if such balance is not claimed and the payment thereof is not obtained by any person entitled thereto within a period of one year from the date of the sale, to pay such balance into the Municipal Fund.

(4) The provisions of this section shall have effect in every Municipality notwithstanding anything contained in the Cattle Trespass Ordinance.

(1) For the purpose of any agreement referred to in section 86, and for the purpose of securing the observance of the respective rights and obligations of the public, the Municipal Council and the promoters in connexion with any public service or any private enterprise or object to which the agreement relates, the Council (except in so far as provision is made by any special enactment in that behalf) may make rules-

(2) No rule under this section shall authorize or empower any entry to be made, any material or plant to be erected or deposited, or any work to be executed upon any building or land which is not vested in the Council, without the consent of the owners and occupiers thereof first had and obtained.

(3) Any rule made by a Municipal Council under this section may, from time to time, be amended, varied or rescinded by the Council.

(1) Where it appears to any Municipal Council that, having regard to the average expense of maintaining streets in the neighbourhood, extraordinary expenses have been incurred by the Council in maintaining any street of which it has control, by reason of the damage caused or likely to be caused by the carriage of any excessive weight or the passing of extraordinary traffic thereon, the Council shall be entitled to recover from any person by whose order or in consequence of whose order, such weight or traffic was carried or caused, the amount of such expenses as may be proved to the satisfaction of a competent court to have been incurred by the Council by reason of the damage arising or likely to arise from such excessive weight or extraordinary traffic, or, where more than one person is responsible for such excessive weight or extraordinary traffic, may recover from each of such persons such proportion of the amount of the expenses so incurred as in the opinion of the court may fairly be assigned to him.

(2) Any person against whom expenses are or may be recoverable by a Municipal Council under this section may enter into agreement with the Council for making payment to the Council by way of composition in respect of such weight or traffic and, where payment is made in accordance with such agreement, no proceedings under this section shall be instituted or maintained against such person,

(3) Proceedings for the recovery of any expenses under this section shall be commenced within twelve months from the time at which such expenses were incurred, or where any expenses incurred are the consequence of any particular contract or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work.

(4) All sums paid to, or recovered by, the Council under this section shall be paid by the Council into the Municipal Fund

(1) Every Municipal Council shall maintain and, from time to time, repair and as it sees fit, enlarge, alter, arch over or otherwise improve all or any of the public drains, culverts, gutters, and watercourses, and may discontinue, close up, or destroy such of them ay it may deem useless or unnecessary, but so that no nuisance is created by such act.

(2) Where, by reason of the discontinuance, closing up, destruction or alteration of any drain, culvert, gutter or watercourse, any person is deprived of the lawful use thereof, the Council shall with due diligence provide an effective substitute therefor.

(1) The Council may cause such pipes and fittings as it may deem necessary for the proper ventilation of public drains to be fixed to the outside of any building.

(2) Such pipes and fittings shall be so constructed and fixed as to occasion the least possible inconvenience in the neighbourhood. The outlet of every such pipe shall be at least two feet above the eaves of the building to which it is affixed and at least ten feet distant from any window.

(1) Every Municipal Council shall cause all public drains, culverts, gutters, and watercourses to be so constructed, maintained, and kept as not to be a nuisance or injurious to health, and to be properly cleared, cleansed,, and emptied; and for the purpose of maintaining, flushing, trenching, and emptying the same, the Council may construct and place, either above or underground, such reservoirs, sluices, engines and other works as may be necessary.

(2) The Council may, with the sanction of the Minister,[1] cause all or any of such drains, culverts, gutters, and watercourses to communicate with and be emptied into the sea or other fit place; or may cause the refuse from the same to be conveyed by a proper channel to the most convenient site for its deposit, and may sell or otherwise dispose of the said refuse for any agricultural or other purpose as may be deemed most expedient, but so that it shall not become a nuisance.

(a) such natural watercourse, channel, lake or swamp may be filled up if the owner thereof first provides such other channel or drain, as may, in the opinion of the Mayor, be sufficient and suitable for the reception and conveyance of such rain water or drainage ; and

(b) the Council may contribute in part or in whole to the cost of providing such other channel or drain.

(1) Every person who, without the written consent of the Council first obtained, connects or causes to be connected any drain directly or indirectly with any public drain or watercourse shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred rupees, and, in the case of a continuing offence, to an additional fine not exceeding twenty-five rupees for each day during which the offence is continued after a conviction thereof.

(2) The Council may cause any drain which is connected with any such public drain or watercourse without its consent or otherwise than in accordance with the provisions of this Ordinance or of any by-laws for the time being in force to be demolished, altered or otherwise brought into conformity with such provisions; and all the expenses incurred thereby shall be paid by the person who connected or caused such drain to be connected, and, in case of default, shall be recoverable as hereinafter provided.

(1) Every person who erects or constructs or causes to be erected or constructed any building or works over any public drain, culvert, gutter, or watercourse without the written consent of the Council first obtained shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred rupees, and, in case of a continuing offence, to an additional fine not exceeding twenty-five rupees for each day during which the offence is continued after a conviction thereof.

(2) The Council may cause any building or work referred to in subsection (1) which is erected or constructed without its consent or otherwise than in accordance with the provisions of this Ordinance or of any by-laws for the time being in force to be demolished, altered or otherwise brought into conformity with such provisions; and the expenses thereby incurred shall be paid by the person who erected or constructed or caused the erection or construction of such building or work, and in case of default, shall be recoverable as hereinafter provided.

(1) All works connected with-

shall be carried out either by an officer of the Council or by a person licensed in that behalf by the Council at the cost and charge of the owners of the premises drained, and in accordance with the provisions of this Ordinance or of any by-laws for the time being in force:

Provided that the preceding provisions of this subsection shall not apply in the case of-

(2) Every person who, not being an officer of the Council or a person licensed by the Council, carries out any work referred to in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred rupees.

(3) Where any work referred to in subsection (1) is carried out by any person (other than an officer of the Council or a person licensed by the Council) or otherwise than in accordance with the provisions of this Ordinance or of any by-laws for the time being in force, the Council may cause such work to be demolished, altered or otherwise brought into conformity with such provisions and the expenses thereby incurred shall, except in any case where the work was carried out by an officer of the Council, be paid by the owner of the premises on which the work was carried out and, in case of default, shall be recoverable as hereinafter provided.

(4) Any work carried out under the provisions of this section shall be open, at all reasonable times, to the inspection of the officers of the Council.

(1) Every person who erects or causes to be erected any new building, or rebuilds or causes to be rebuilt any building, shall cause such building to be provided with such drains and appliances as may in the opinion of the Council be necessary for the drainage of such building, and for the collection and removal of any sullage, foul liquids, rain water, or faecal matter therefrom in accordance with the provisions of this Ordinance and any by-laws for the time being in force.

(2) Every person who fails or neglects to provide such drains or appliances as aforesaid shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred and fifty rupees.

(1) Where any premises are within one hundred feet of any public drain or other fit place into which drains may lawfully be discharged, the Council may, by notice in writing, served on the owner of such premises, require such owner within such time as may be specified in the notice, to provide and execute to the satisfaction of the Council, in accordance with any by-laws for the time being in force, all or any of the following works that the Council may deem necessary for the effectual drainage of such premises, that is to say:-

(2) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred rupees.

(1) In the case of any premises which are more than one hundred feet, but less than two hundred feet, from any public drain or other fit place into which drains may lawfully be discharged, the Council may, by notice in writing served on the owner of such premises, require such owner within such time as may be specified in the notice, to provide and execute, in accordance with any by-laws for the time being in force, all or any of the works referred to in section 107.

(2) If in the opinion of the Council there is no suitable public drain or other fit place into which drains may lawfully be discharged within a reasonable distance of such premises, the Council may, by notice in writing served on the owner of such premises require the said owner, within such time as may be specified in the said notice, to provide and execute such other works and undertake such other measures as may in the opinion of the Council be best or necessary for the proper collection and disposal of the sullage and foul liquids, and the removal of faecal matter from such premises.

(3) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (I) or subsection (2) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees.

(1) Where it appears to the Council to be more economical or otherwise more advantageous that the drainage of a group of premises, whether contiguous or otherwise, should be undertaken as a whole rather than separately, the Council may cause to have drawn up a scheme for the drainage of such group of premises in accordance with the following provisions.

(2) In every such case the Council shall cause to be prepared-

(3) The Council shall cause written notice in Sinhala, Tamil and English to be given to the owners of all the premises to be drained of the intention to cause the proposed works to be done in accordance with the provisions of this section, either by serving it upon them personally, or by leaving it at their respective residences or places of business, or by posting registered letters addressed to them at such residences or places of business.

(4) During one month from the date of service of such notice the above-mentioned particulars or certified copies thereof shall be kept deposited at the Municipal office and shall be open to inspection at all reasonable times.

(5) During the said month the owner of any such premises may, by written notice served on the Council, object to the proposals on any of the following grounds, that is to say;-

(6) The Council shall consider and determine the objections, and its decisions thereon shall be final.

(7) In any case where no such objections have been raised or in any case where such objections have been raised and have been determined by the Council, the Council may give orders for the drainage of the premises in accordance with the scheme, and if it considers expedient may-

(8) The Council may recover in equal proportions from the owners of all or any of the premises included in any scheme prepared under this section a reasonable sum as expenses for surveys and the preparation of plans.

(9) When the Council has completed the execution of any works under this section and the expenses thereof have been ascertained, a final apportionment shall be made in similar manner to the provisional apportionment, and the expenses recovered accordingly as herein provided.

(10) The cost of the maintenance of the system of drainage made under such scheme as aforesaid shall be borne equally by the owners of the premises affected by such scheme.

(11) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (7) (6) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees.

(1) When it appears to the Council that the only or the best practicable means by which a drain required for the drainage of any premises can be emptied into any drain or other fit place into which drains may lawfully be discharged is by carrying the same into, through, or under any land belonging to some person other than the owner of the said premises, the Council, after giving the owner of the said land a reasonable opportunity of stating any objection, may, if no objection is raised, or if any objection which is raised appears to the Council invalid or insufficient, by an order in writing, authorize the owner of the said premises to carry his drain into, through, or under the said land in such manner as the Council shall think fit to allow.

(2) Every such order bearing the signature of the Mayor shall be complete authority to the person in, whose favour it is made, or to any agent or person employed by him for that purpose, after giving to the owner of the said land reasonable written notice of his intention so to do, to enter upon the said land with assistants and workmen at any time between sunrise and sunset and to execute the necessary work.

(3) Subject to the provisions of this Ordinance, the owner or occupier of any premises, or any agent or person employed by him for that purpose, may, after giving the owner of any land, wherein a drain has already been lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen at any time between sunrise and sunset for the purpose of repairing or cleansing such drain.

(4) In executing any work under this section as little damage as possible shall be done; and the owner or occupier of premises for the benefit of which the work is done shall-

(5) Every owner of land who refuses to permit or prevents without reasonable cause the execution of any work in accordance with the provisions of this section shall be guilty of an offence, and shall on conviction be liable to a fine not exceeding one hundred rupees; and every such owner who persists in such refusal or who continues to prevent the execution of such work after a conviction thereof shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding twenty-five rupees for each day during which the offence is continued.

(6) When the owner of any land into, through, or under which a drain has been carried under this section while such land is unbuilt upon, desires at any time afterwards to erect a building of, such land, the Council shall, by written notice, require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove, divert, reconstruct, or protect the same in such manner as may be approved by the Council and to fill in, make good, and reinstate the land ;

Provided that no such requisition shall be made unless, in the opinion of the Council, it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment of the same, that the drain should be closed, removed, diverted, reconstructed, or protected.

(7) Every owner or occupier who refuses to comply with the requirements of any notice served on him under subsection (6) within a reasonable time, shall be guilty of an offence, and shall on conviction be liable to a fine not exceeding one hundred rupees.

(1) Where it appears to the Council that the only or the best practicable means by which a drain required for the drainage of any premises can be emptied into any drain or other fit place into which drains may lawfully be discharged is through a drain belonging to some person or persons other than the owner of the said premises, the Council after giving the said person or persons a reasonable opportunity of stating any objection thereto, may, if no objection is raised, or if any objection which is raised appears to the Council invalid or insufficient, by an order in writing, authorize the said owner to use the last-mentioned drain, or declare him to be a joint owner or one of the joint owners thereof, on such conditions as to the payment of rent or compensation, and as to connecting the drain of the said premises with such other drain as aforesaid, and as to the respective responsibilities of the parties for maintaining, flushing, cleansing, and emptying such last-mentioned drain or otherwise as may appear to the Council equitable.

(2) Every such order bearing the signature of the Mayor shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for that purpose, after fulfilling the conditions of the said order, and after giving to the owner or owners of the drain reasonable notice in writing of his intention so to do, to enter upon the land in which such drain is situated with assistants and workmen at any time between sunrise and sunset and, subject to the provisions of this Ordinance, to do all such things as may be necessary for-

(3) In executing any work under this section as little damage as possible shall be done, and the person in whose favour the Council’s order is made shall-

(4) Every owner or occupier of any premises who refuses without reasonable cause, to permit, or prevents the execution of any works in accordance with the provisions of this section, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred rupees; and every such owner or occupier who persists in such refusal or who continues to prevent the execution of such work after a conviction thereof shall be guilty of a continuing offence and shall, on conviction, be liable to a fine not exceeding twenty-five rupees for each day during which the offence is continued.

(1) Every drain and every fixture or appliance connected therewith shall, from time to time, be repaired, flushed, cleansed, and cleared by the owner or occupier of the premises within which such drain may be situated.

(2) The Council may, by notice in writing served on the owner or occupier of such premises, require such owner or occupier within such time as may be specified in the notice, to repair, Hush, cleanse, or clear such drain, fixture, or appliance.

(3) The Council may, if the requirements of such notice are not complied with, or if the Council receives an application from the said owner or occupier so to do, or if the Council deems immediate action necessary, repair, flush, cleanse, or clear such drain, fixture, or appliance, and the expenses incurred thereby shall be paid by the owner or the said occupier, and, in be recoverable as case of default, shall hereinafter provided.

(4) The owner of any premises in which drains, fixtures and appliances connected therewith are provided for the common use of the occupiers of such premises shall make such provision and take such measures as may be necessary for keeping such drains, fixtures, and appliances in a proper sanitary condition. Every such owner who, after due notice in writing in that behalf from the Council fails to make such provision or to take such measures as the Council may think fit, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees.

(5) Where any drain, not being a drain vested in the Municipal Council, or any fixture or appliance is provided for the benefit of more premises than one, the Council may, in pursuance of the provisions of this section, by notice in writing, require the owners or occupiers of such premises, within such time as may be specified in the notice, to execute all or any of the works aforesaid, and the Council may. either in default of compliance with the requirements of such notice, or without such notice if the Council deem necessary, execute all or any of such works and recover the expenses of so doing from the said owners or occupiers in such proportions as it may deem just.

(6) Every owner or occupier who fails or neglects to comply with the requirements of any notice served on him under subsection (2) or subsection (5) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees.

(1) Where, in the opinion of the Council-

the Council may, by notice in writing, served on the owner or occupier of such premises, require such owner or occupier, within such time as may be specified in the notice, to re-lay, reconstruct, make good, disconnect, or abolish such defective or improper drains, connections, fixtures, and appliances, and provide sufficient and suitable drains, connections, fixtures, and appliances in accordance with the provisions of this Ordinance and of any by-laws made thereunder.

(2) Every owner or occupier who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the time specified in the notice shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one hundred rupees.

(3) For the purpose of determining whether any such drains, connections, fixtures, or appliances are defective or injurious to health or improperly connected to any public or other drain, the Council may order an inspection of the premises at any reasonable time, and the inspecting officer may enter the premises at any reasonable time (after giving due notice to the occupier) and, if necessary for the purpose of such inspection, may cause the ground to be opened wherever he may deem fit, doing as little damage as may be ; and where such drains, connections, fixtures, or appliances are found to be in a satisfactory condition they shall forthwith be reinstated, and the ground made good at the expense of the Council.

(1) Any person authorized in that behalf by the Council may, after giving due notice to the occupier, enter any premises between the hours of eight in the morning and five in the afternoon for the purpose of inspecting, flushing, clearing, repairing, or maintaining any drain, manhole, inspection chamber, gully, ventilating shaft or other appliance connected therewith:

Provided that no such notice need be given in any case, where the entry is made for the purpose of inspecting, flushing or maintaining any public drain, or for the purpose of inspecting any drain or other aforementioned appliance which the person authorized as aforesaid has reason to believe is the source of any nuisance.

(2) Every person who prevents or attempts to prevent the person authorized as aforesaid from entering any premises or refuses admittance thereto shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees and every person who continues to prevent such entry or who persists in such refusal after a conviction thereof shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding twenty-five rupees for each day during which the offence is continued.

(1) Every person who uses or causes or suffers to be used any new drain, gully, bathroom, water-closet, privy, urinal or other sanitary appliance provided in pursuance of this Ordinance without the written permission of the Council, or until the Council has given a certificate that such drain, gully, bathroom, water-closet, privy, urinal, or other sanitary appliance conforms in all respects to the provisions of this Ordinance and of any by-laws made thereunder, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees; and every person who, after a conviction thereof, uses or causes or suffers to be used any sanitary appliance aforesaid without obtaining such certificate or permission, shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding twenty-five rupees for each day during which the offence is continued.

(2) Any person making such new provision may apply in writing to the Council for such certificate, and thereupon the Council, after such inquiry as it may consider necessary, shall, within fourteen days of the receipt of the application, either grant the certificate, or inform the applicant of its refusal to do so, and of the grounds for such refusal.

(1) No person shall discharge or cause or suffer to be discharged, without the sanction in writing of the Council, any sullage, foul liquids, or faecal matter into any drain or other place which is not suitable or intended to receive such discharge, or into any land or place in such a manner as to cause a nuisance, or wilfully discharge or cause to be discharged any rain water into any drain which is intended to carry foul water.

(2) No person shall discharge or cause or suffer to be discharged into any drain any hot water, steam, or any liquid which would prejudicially affect the drain or the flow or the disposal of the sewage or water conveyed therein, or which would from its nature, temperature, or otherwise be likely to create a nuisance.

(3) No person shall drop, pass, or place, or cause or suffer to be dropped, passed, or placed, into or in any drain any brick, stone, earth, ashes or any substance or matter which such drain is not intended to receive, or which by reason of its amount or nature may be likely to cause such drain or any other drain connected therewith to be obstructed, or which may prejudicially affect any such drain or the flow therein or may be likely to create a nuisance.

(4) Without the written permission of the Council, no person shall in any way alter the fixing, disposition, or position of, or obstruct, remove, stop up, or change, any drain, ventilation pipe, closet, or other fitting or appliance connected therewith.

(5) No person shall erect, re-erect, or alter any building in such a manner as to cause any drain, closet, or appliance provided in or for the benefit of such building or of any other building within the same premises to contravene the provisions of this Ordinance or of any by-law made thereunder.

(6) Every person who contravenes any of the preceding provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees; and every person who continues such contravention after a conviction thereof shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding twenty-five rupees for each day during which the offence is continued.

(1) In any case where the Council is of opinion that any privy, water-closet or bathroom, or additional privy, water-closet or bathroom should be attached to, or provided for, any house or building or land, the Council may, by notice in writing served on the owner of such house or building or land, require such owner, within thirty days from the service of the notice, to cause such privy, water-closet or bathroom to be constructed in accordance with the requisition contained in such notice.

(2) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the said period of thirty days shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees.

(1) The Council may, by notice in writing served on any person employing a large body of workmen or labourers, require such person to-

(2) Where any person served with a notice under subsection (I) fails or neglects to provide and maintain such privies, water- closets, and urinals or to maintain the same in a sanitary condition or in proper order, the Council may cause such privies, water- closets and urinals to be constructed or to be maintained in a sanitary condition or in proper order, and the expenses incurred by the Council in respect thereof shall be paid by the person aforesaid, and, in case of default, shall be recoverable as hereinafter provided.

(3) Every person who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the time specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred rupees.

(1) The Council may, by notice in writing, served on the owner or occupier of any house or building or land having a cesspool on the premises, require such owner or occupier within thirty days from the date of service of the notice, to close such cesspool and to substitute a privy or water-closet therefor.

(2) Every owner or occupier who fails or neglects to comply with the requirements of any notice served on him under subsection (1) within the said period of thirty days shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one hundred rupees.

(1) No person shall injure or improperly foul, or suffer to be in a foul condition for want of proper cleansing, any privy, water-closet, or urinal or the approaches thereto, used in common by the occupiers of two or more separate dwelling houses, or by any other person or persons. Every person offending against the provisions of this subsection, or in the absence of proof satisfactory to the court as to which of the persons having the use in common of such privy, or urinal, or the approaches thereto as aforesaid is in default, each of such last-mentioned persons shall be deemed to have contravened the provisions of this subsection,

(2) Every person who contravenes any of the preceding provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty rupees; and every person who continues such contravention after a conviction thereof shall be guilty of a continuing offence and shall be liable on conviction to a fine not exceeding twenty-five rupees for each day during which the offence is continued.

(1) Whenever the Council is satisfied that any buildings or blocks of buildings, whether existing at the date of the constitution of the Council or subsequently erected, are, by reason of the occurrence of an epidemic or of the manner in which such buildings are crowded together, or of the want of drainage or the impracticability of scavenging, attended with risk to the health of the inhabitants thereof or of the neighbourhood, the Council shall serve a notice on the owners or occupiers thereof, or, at its option on the owner of the land on which such buildings are constructed, to execute within such time as may be specified in the notice, such operations including the alteration of such building as the Council may deem necessary for the avoidance of such risk.

(2) In any case where an owner or occupier served with a notice under subsection (1) refuses or neglects to execute such operations within the time specified in the notice, any officer authorized by the Council in that behalf may cause the buildings to be taken down, or such operations to be performed in respect thereof, as the Council may deem necessary to prevent such risk.

(3) Where any buildings are taken down under subsection (2), the Council or the authorized officer shall cause the materials of each building to be sold separately, if such sale can be effected, and the proceeds shall be paid to the owner of the building, or if the owner be unknown or the title disputed, shall be held in deposit by the Council until the person entitled thereto obtains the order of a competent court for the payment of such proceeds.

(1) In any Municipality it shall not be lawful for any person to erect or construct any house, hut, shed, or other building (whether to be used as a dwelling or as a stable or for any other purpose) having its external roof or walls made of grass, leaves, thatch, Cajuns, mats, or other such inflammable material, without first obtaining the permission of the Council.

(2) The permission given by the Council under subsection (1) shall in every case be subject to a specified time-limit and such conditions as it may impose in writing for the purpose of ensuring that such inflammable material as may be used for the roof or walls of the building to which the permission relates will be replaced at the earliest opportunity by such non- inflammable or durable material as may be approved by the Council.

(3) If any house, hut, shed, or other building of the description referred to in subsection (I) is built without the permission required by that subsection, the Council shall give notice to the owner thereof, or of the ground upon which such building is erected or constructed, or is being erected or constructed, by affixing a notice to some conspicuous part of such house, hut, shed, or other building, to take down and remove the building forthwith or within such time as the Council may specify in the notice.

(4) If any house, hut, shed, or other building is not taken down and removed forthwith or within the time specified in any notice under subsection (3), the Council shall cause the building to be taken down and removed, and the expenses incurred by the Council in doing so shall be paid by the owner of the building or of the ground upon which it is built, and, in case of default, shall be recoverable as hereinafter provided.

(5) Nothing in the preceding provisions of this section shall apply to any house, hut, shed, or other building which was erected or constructed before the date of the commencement of this Ordinance; and in the case of any such house, hut, shed or other building having its external roof or walls made of grass, leaves, thatch, cadjans, mats or other inflammable material, the Council may give notice to the owner thereof, or of the ground upon which such building stands, by affixing a notice to some conspicuous part of such house, hut, shed, or other building, to take down and remove the building forthwith or within such time as may be specified in the notice ; and in the event of such building not being taken down and removed in compliance with the requirements of such notice the provisions of subsection (4) shall apply.

(1) No building constructed after the date of the commencement of this Ordinance shall be occupied, except by a caretaker, until the Council has given a certificate that such building, as regards construction, drainage, and other respects conforms to the provisions of this Ordinance and to the by-laws made thereunder.

(2) Any person who has erected any building may apply in writing to the Council for such certificate, and thereupon the Council, after such inquiry as it may consider necessary, shall, within twenty-one days of the receipt of the application, either grant the certificate or inform the applicant of its refusal to do so and the grounds of such refusal.

(3) Every person who occupies or allows to be occupied any building in contravention of this section shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding twenty- five rupees for each day during which the contravention continues.

(1) No building within any Municipality shall be hereafter constructed having the ground floor at a lower level than one foot above the highest recorded flood at the site, or lower than such level as, in the opinion of the Council, will allow of the drainage from the premises being led into some public drain either existing or to be hereafter made, or other fit place into which the Council is empowered to empty drains.

(2) Every person who constructs any building in contravention of this section shall be guilty of ‘an offence ; and the Council may cause such building to be altered, pulled down, or otherwise dealt with as it may deem proper, and may recover the expenses thereby incurred from the owner of the building in the manner hereinafter provided.

(a) for properly sweeping and cleansing the streets, including the footways, and for collecting and removing all street refuse;

(b) for securing the due removal at proper periods of all house refuse, and the due cleansing any emptying at proper periods of all latrines and cesspits; and

(c) for the proper disposal of all street refuse, house refuse and night-soil.

(1) Where in any Municipality, any private tank or low marshy ground or any waste or stagnant water, situated on any private land, appears to the Council to be injurious to health or to be offensive to the neighbourhood, the Council shall, by notice in writing, require the owner of that land to cleanse or fill up such tank or marshy ground, or to drain off or remove such waste or stagnant water.

(2) If any owner on whom a notice under subsection (1) is served refuses or neglects to comply with the notice within such period as may be specified therein, the Mayor or the officers and workmen of the Council may enter into the land and do all necessary acts for all or any of the purposes referred to in subsection (1), and the expenses incurred thereby shall be paid by the owner of the land, and, in case of default, shall be recoverable as hereinafter provided.

(3) Where the land- referred to in subsection (2) is owned by more than one person, the expenses referred to in that subsection shall be apportioned among, and recoverable from, the several owners in such proportions as may be determined by the Council.

(1) The Council may by public notice prohibit bathing or the washing of animals or clothes in any public place not set apart for the purpose, or at times or by persons other than those specified in the notice, and all other acts which may render water in public places foul or unfit for use, or may cause inconvenience or annoyance to persons using the bathing or washing places. Such notice shall be published in the Gazette and in two at least of the newspapers circulating within the Municipality.

(2) Every person who bathes, washes, or does any act contrary to such prohibition as aforesaid shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees.

(1) Every medical practitioner or person professing to treat disease who infectious attends to any person suffering from any of the following diseases, namely, smallpox, cholera, acute or choleraic diarrhoea, plague, typhoid or enteric fever, phthisis, simple continued fever of seven days’ duration or over, chicken pox, measles, scarlet fever, diphtheria or such other diseases as may be, from time to time, proclaimed under the regulations framed under the Quarantine and Prevention of Diseases Ordinance, shall within three hours of such attendance give information in writing to the medical officer of health stating the name, race, sex, and age of the diseased person, his residence, and the nature of his disease.

(2) The occupier of any building in which there is any person affected with any of the diseases mentioned in subsection (1) shall forthwith inform the medical officer of health, and the occupier and the person so affected shall furnish such officer with all the information regarding the affected person which he may reasonably demand, including full particulars of all places at which the affected person spent the nights during the fourteen days prior to such demand.

(3) Every person who fails to comply with any of the requirements of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding six months or to both such fine and such imprisonment.

(1) It shall be lawful for any person authorized in that behalf by the Council, the medical officer of health or any sanitary officer acting on the written orders of the medical officer of health, to enter at any time without notice any dwelling place or premises for the purpose of searching for cases of infectious diseases.

(2) It shall be lawful for any person authorized as aforesaid or the medical officer of health to cause persons diseased or suspected to be affected with any disease mentioned in the regulations made under section 2 of the Quarantine and Prevention of Diseases Ordinance, to be removed to some, public hospital or other place provided by the Council, or to any place selected by such person which the person authorized as aforesaid or the medical officer of health considers suitable-

(3) Any person authorized as aforesaid or the medical officer of health may, in any case where a person is affected with any of the said diseases in any such house or place as is mentioned in subsection (2) (a), allow such person to remain there on condition that the sale of goods from such house or place is discontinued until such person or the medical officer of health has given permission in writing to resume such sale.

(4) Any person authorized as aforesaid or the medical officer of health may cause any person who is found in any infected locality, or who has come from any place where disease exists, to be removed to a place of observation set apart for the purpose, or to be kept under surveillance for such period as such person or the medical officer of health may direct.

(1) Every person suffering from an infectious disease who, without proper precaution against spreading such disease, causes himself to be conveyed in a public conveyance, and, every person in charge of or accompanying a patient so conveyed, and every person knowing himself to be suffering from any infectious disease who enters a public conveyance without previously notifying to the owner or driver that he is so suffering shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees, and to an additional fine of such amount as the Magistrate or Municipal Magistrate may deem sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting such conveyance.

(2) The amount of any additional fine imposed under subsection (1) shall be awarded by the Magistrate or Municipal Magistrate, subject to the provisions of the Code of Criminal Procedure Act, to the owner or driver of the said conveyance.

(3) No owner or driver of a public conveyance shall be required to convey any person suffering from any infectious disease without payment or tender of a sum sufficient to cover such loss and costs as aforesaid, anything in any enactment relating to public conveyances for the time being in force to the contrary notwithstanding.

(4) Every public conveyance in which a person suffering from any infectious disease is conveyed shall be forthwith disinfected by the officer in charge of the place to which such person is removed.

(1) No place shall be used as a slaughterhouse within a Municipality unless a licence in writing for the use thereof as a slaughterhouse has been obtained from the Council. The Council is hereby empowered, at its discretion, from time to time, to grant such licence, and such licence to suspend or revoke, as to the Council may seem necessary.

(2) Every person who, within the Municipality, uses as a slaughterhouse any place which is not so licensed shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding two hundred rupees, and, in the case of a continuing offence, to an additional fine not exceeding fifty rupees for each day during which the offence is continued after notice has been given by the Council to discontinue such use.

(1) Every person who during the period for which any licence granted under section 145 is suspended, or after the licence is revoked as aforesaid, slaughters any animal, or allows any animal to be slaughtered in the slaughterhouse to which such licence relates, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees, and to an additional fine not exceeding one hundred rupees for each day on which any animal is slaughtered or allowed to be slaughtered therein after notice has been given by the Council to discontinue the slaughter of animals therein.

(2) For the purposes of this section, ” animal” means any bull, cow, calf, ox, buffalo, sheep, goat, or swine.

(1) No place shall be used within any Municipality for any of the following purposes, namely, for boiling offal or blood, or as a soap-house, oil-boiling-house, dyeing-house, tannery, brick, pottery or lime kiln, sago manufactory, gunpowder manufactory, manufactory of fireworks, or other manufactory or place of business from which either offensive or unwholesome smells arise, or for any purposes which are calculated to be dangerous to life, or as a yard or depot for hay, straw, wood, coal, cotton, bones, or inflammable oil, or for any other trade or business which the Council may, by means of by-laws, declare to be an offensive or dangerous trade or business for the purposes of this section, except under a licence from the Council, which is hereby empowered, at its discretion, from time to time, to grant such licences, and to impose such terms therein as to the Council may appear expedient.

(2) No licence for any of the purposes mentioned in subsection (1) shall be given within the administrative limits of the Council under section 5 of the Nuisances Ordinance.

(3) Every person who without a licence as aforesaid uses any place within the Municipality for any of the purposes mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees, and, in case of a continuing offence, to an additional fine not exceeding fifty rupees for each day during which the said offence is continued after a conviction thereof.

(1) It shall be lawful for the Council to suspend or revoke any licence granted under section 147 if it appears to the Council to be necessary to do so :

Provided, however, that where the licence is suspended or revoked, except on the ground that the owner has violated the licence or any of the terms thereof, the Council shall be liable to make compensation to the owner for the loss to which he has been subjected by reason of the suspension or revocation.

(2) Every person who uses or permits to be used any place for any purpose mentioned in subsection (1) of section 147 after he is given notice that his licence has been suspended or revoked shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding two hundred rupees for each day after such notice during which such place is so used.

(1) Where any owner or occupier neglects to comply with the requirements of any notice served on him in pursuance of” any of the preceding provisions of this Part within the time specified in such notice, or if no time is so specified, then, within a reasonable time, the Council may cause the required works to be executed, and the expenses thereof shall be recovered from the said owner or occupier as provided in this Ordinance.

(2) Where any person, either by the commission or omission of any action, contravenes any of the preceding provisions of this Part, the Council may-

(3) Where any drain, not being a drain vested in the Council, and any fixture or appliance in connexion therewith, is provided for the benefit of more premises than one the owners or occupiers of such premises shall, for the purpose of this Part, and in so far as the Council may in any particular case think fit, be deemed to be the joint owners or users of such drain, fixture, or appliance, and jointly liable for any contravention of any provision of this Ordinance and for any expenses that the Council may legally recover in pursuance thereof; and the Council may recover such expenses in such proportion as it may deem just.

(1) Where, in pursuance of the preceding provisions of this Part, the Council has executed, by contract or otherwise, any works required in connexion with the installation or improvement of a drainage system on or for any premises, and the amount of the expenses thereof are recoverable from the owner of such premises, the Council may recover such expenses in the manner provided in this Ordinance:

Provided that if such owner gives notice in writing, within fourteen days of notice by the Council of completion of the work, of his desire to pay the amount of such expenses by quarterly instalments, the Council shall recover the amount of such expenses by quarterly instalments sufficient to defray the whole amount within a period not exceeding fifteen years, together with interest at such rate as the Council may, from time to time, by resolution determine.

(2) The expenses referred to in subsection (I) shall co-equally with the Municipal rates, be a first charge on the premises in respect of which the same are incurred or made, and shall be paid to the Council by the owner of such premises and his successors in title, and the instalments thereof as they fall due shall be recoverable from the present or future owner of the premises in the same manner as rates or taxes may be recovered, but there shall be no remission of such instalments or any part thereof in cases of non-tenancy of the said premises. The first instalment of such payments shall become due and shall be paid on the first day of the quarter following that in which the work is completed.

(a) expel or cause to be expelled from any public market any person who, or whose servant, is convicted of a breach of any by-law made under this Ordinance in relation to markets;

(b) prevent such person by himself or his servants from further carrying on any trade or business in such market or occupying any stall, shop, or other place therein; and

(c) determine any lease or tenure which such person may have in any such stall, shop, or other place within the market.

(1) The medical officer of health or any person authorized generally or specially by the Council in writing for that purpose, may at all reasonable times enter into and inspect any place used for the sale of articles of human food or drink or any place used for keeping or storing any such articles which are intended for sale, and may examine any such articles which are found therein.

(2) Any such article which, on such examination, appears to such officer or person to be unfit for human food or drink may be seized by him.

(3) Every officer or person seizing any article under subsection (2) shall cause such article to be produced forthwith before a Magistrate.

(4) Where the Magistrate finds that the article so seized is unfit for human food or drink, he shall order the same to be destroyed or so disposed of as to prevent it from being exposed for sale or used for food or drink ; and the owner thereof, or the person in whose possession the same was found, shall be liable to be convicted of an offence under section 266 of the Penal Code.

(5) Where the Magistrate finds that the article so seized was fit for human food or drink, he may make an order upon the Council to return such article, or such portion thereof as may be in good condition, to the owner, or to the person in whose possession such article was found, and to pay such owner or person such reasonable amount as the Magistrate considers will compensate such owner or person for any loss or depreciation that may have been caused by such seizure.

(1) A Municipal Magistrate shall hear, try, and determine any offences committed within the Municipality under this Ordinance or under any by-laws, rules or regulations made thereunder, and also any offences under any of the enactments mentioned in the first column of the following tabular statement which are shown in the second column thereof as triable by a Municipal Magistrate, and shall have jurisdiction to award such punishment to the offender as is authorized by law :-

(2) The Governor-General[3] may, from time to time, by Order published in the Gazette, extend the jurisdiction of Municipal Magistrates to offences not comprised in the foregoing statement.

(1) Where any person other than the Magistrate having jurisdiction in any area within which a Municipality is situated is appointed Municipal Magistrate for the Municipality or where a person is appointed to act temporarily as Municipal Magistrate, such Municipal Magistrate shall-

and the Municipal Council shall-

(2)

(3) The expenses incurred in the establishment and maintenance of the court of any Municipal Magistrate referred to in subsection (1) shall be paid out of the Consolidated Fund and shall be refunded to the Consolidated Fund by the Council.

(1) There shall be a Municipal Commissioner for each Municipal Council. The Municipal Commissioner shall, next to the Mayor, be the chief executive officer of the Council and all other officers and servants shall be subordinate to him.

(2) The Commissioner shall exercise, perform and discharge all the powers, duties and functions conferred or imposed upon, or vested in, or delegated to him by or under this Ordinance or any other written law.

(3) The Commissioner, in the exercise and performance of the powers, duties and functions delegated to him under this Ordinance, shall not act in opposition to, or in contravention of, any resolution, decision, direction or order of the Council, except with the permission in writing of the Mayor, in cases of extreme urgency, when there will not be sufficient time to call a special meeting of the Council.

(1) The Commissioner may, with the consent of the Council, by general or special order in writing, delegate to any officer of the Council any of the powers, duties or functions conferred or imposed upon, or vested in or delegated to him as Commissioner by this Ordinance or any other written law.

(2) The exercise, discharge or performance by any officer of the Council of any power, function or duty delegated to him by order of the Commissioner shall be subject to such conditions and restrictions, and limited to such purpose or purposes, as may be specified in the order ; and any such delegation may at any time be varied or cancelled by order of the Commissioner.

(1) A Municipal Council may, at any time, by resolution create the office of Charity Commissioner of the Council.

(2) The duties of the Charity Commissioner may be defined by the Council and may include, inter alia-

(1) A Municipal Council may, by resolution, declare the posts or offices in the service of the Council which are to be deemed to be executive posts. The holders for the time being of such posts and the Charity Commissioner, if any, of the Council shall, together with the Municipal Commissioner, be deemed to be executive officers of the Council.

(2) The executive officers of the Council shall exercise and perform all the powers, duties and functions, conferred or imposed upon, or vested in, or delegated to them under this Ordinance or any other written law.

(a) has directly or indirectly any concern or interest in any contract or work made with or executed for a Municipal Council, or is a shareholder, director, secretary, manager or other officer of a joint stock company which has any such concern or interest; or

(b) is acting professionally in relation to any matter on behalf of any person having any such concern or interest,

(a) by the Council, if such officer or servant receives a salary exceeding one hundred rupees a month ; and

(b) by the Mayor, if such officer or servant receives a salary not exceeding one hundred rupees a month.

(1) Subject to the provisions of subsection (2), leave of absence may be -granted to any officer or servant of a Municipal Council (other than a member of the Local Government service) in accordance with by-laws made by the Council for that purpose under the provisions of section 272 of this Ordinance.

(2) Where an officer or servant of a Municipal Council is an officer or servant whose services are lent by the Government to the Council, leave of absence may be granted to him by the Secretary to the Ministry, after consulting the Council, upon the same terms and conditions as those upon which leave of absence would be granted to him under the Financial Regulations of the Government.

(1) A Municipal Council may establish and maintain a provident fund for the benefit of any of its servants who are not members of the Local Government service, make contributions out of the Municipal Fund to that fund, regulate the management and investment thereof, fix the contributions to be made thereto by, and the payments to be made therefrom to, such servants and make all such by-laws as may be necessary in that behalf.

(2) Notwithstanding that a Municipal Council is not empowered by this section to grant or make rules for granting pensions, annuities or retiring allowances to officers or servants of the Council or to the widows, children, next of kin and dependants of any such officer or servant, any rules made by the Council in relation to the matters aforesaid under any enactment repealed by Ordinance No. 29 of 1947 shall continue in force for the purposes of the application of sections 57 and 58 of the Local Government Service Ordinance* and no further.

(1) A Municipal Council may, with the approval of the Minister given after consultation with the Minister of finance, grant out of the Municipal Fund, grant out of the municipal fund to any person who retires or has retired from service as an officer or a servant of that Council a pension gratuity, or retiring allowance, or no adequete pension, gratuity, or retiring allowance, is payable under by-laws or rules of that council or under any pension scheme established under the local government service ordinance.

(2) Nothing in subsection (1) shall be deemed or construed to confer on any person any right to any pension, annuity, gratuity or retiring allowance under either of those subsections.

(1) Every Municipal Council for its general financial purposes shall establish a Municipal Fund.

(2) There shall be payable into the Municipal Fund-

(a) stock or other securities of the Government of Ceylon;

(b) debentures issued by the State Mortgage and Investment Bank ;

(c) any other securities guaranteed by the Government of Ceylon.

(1) There shall be paid out of the Municipal Fund established by each Municipal ‘Council-

(2) The Minister[1] may sanction any expenditure not authorized by the terms of paragraph (l) of subsection (1) which may be or may have been in good faith incurred by mistake or inadvertence in supposed pursuance of that paragraph.

(3) The Municipal Council of Colombo shall pay annually, out of the Municipal Fund, to the committee of the Colombo Law Library a sum of one thousand five hundred rupees.

(a) the carrying out of any work of a permanent character undertaken under the provisions of this Ordinance or any enactment repealed by Ordinance No. 29 of 1947;

(b) the establishment, completion, improvement or development, of any public service undertaken as aforesaid ;

(c) the acquisition of any land or building required for the purposes of or in connexion with any such work or public service ;

(d) any machinery, plant or equipment required for the purposes of any such public service:

(a) mortgage; or

(b) with the consent of the Minister, by debentures issued under this Ordinance; or

(c) with the consent of the Minister, by housing bonds issued under this Ordinance in any case where the money is to be raised for the purpose of a housing scheme.

(1) All moneys borrowed by a Municipal Council under this Part shall be charged indifferently on all the rates, taxes, property and revenue of the Council.

(2) Subject to the provisions of this section, all securities created by a Municipal Council under this Part shall rank equally without any priority.

(3) Nothing in this section shall

(1) Every sum borrowed by a Municipal Council under this Part shall be repaid within such period as the Council, with the sanction of the Minister, may determine.

(2) Where any sum is borrowed by a Municipal Council under this Part for the purpose of meeting expenditure on the construction of new, or the extension or the alteration of existing works forming or to form part of an undertaking of a revenue-producing character, it shall be lawful for any annual provision required to be made by the Council for the repayment of the sum so borrowed to be suspended for such period (not being a period longer than the period during which the expenditure remains unremunerative, or the period of five years from the commencement of the financial year next after that in which the expenditure commences to be incurred, whichever is shorter) and subject to such conditions as the Minister may determine.

(1) The Mayor of a Municipal Council shall, within one month after being requested so to do by the Minister, transmit to the Minister a return showing the provision made by the Council for the repayment of moneys borrowed by the Council under this Part.

(2) The return shall show such particulars, shall be made up to such date and shall be in such form, as the Minister may require, and shall be certified by the officer whose duty it is to keep the accounts of the Council.

(3) If it appears to the Minister from any return made under this section or otherwise that the Council-

the Minister may by order direct that such sum as is specified in the order, not exceeding the amount in respect of which the default has been made, shall be paid or applied in the manner and by the date set out in the order, and the Council shall notify the Minister as soon as the order has been complied with. The Council shall, if it is necessary to do so for the purpose of complying with any such order, make payments out of the Municipal Fund.

(4) An order made under the last preceding subsection may be enforced at the instance of the Minister by mandamus.

(5) If a return required to be made under this section is not made, the person in default shall be liable, on conviction after summary trial before a Magistrate, to a fine not exceeding two hundred and fifty rupees, and notwithstanding the recovery of any such fine the making of the return may be enforced, at the instance of the Minister, by mandamus.

(1) Where two or more persons are jointly entitled to a mortgage created by a Municipal Council under this Part, any one of those persons may give an effectual receipt for any interest thereon, unless notice in writing to the contrary has been given to the Council by any other of those persons.

(2) The receipt of the guardian of a minor shall be a sufficient discharge to a Municipal Council for any money payable to the minor in respect of a mortgage created by the Council under this Part.

(1) Every sum borrowed under this Pan by a Municipal Council by way of mortgage shall be paid off either by equal yearly or half-yearly instalments of principal, or of principal and interest combined, or by means of a sinking fund, or partly by one of those methods and partly by another or others of them.

(2) Subject to the provisions of subsection (2) of section 195, the payment of the first instalment or the first payment to the sinking fund shall be made within such period as may be prescribed.

(3) All instalments referred to in subsection (1) may be paid by the Council out of the Municipal Fund.

(1) If a Municipal Council determines to repay by means of a sinking fund any sums borrowed under this Part by way of mortgage, the sinking fund shall be formed and maintained either-

In this Part, a sinking fund formed under paragraph (a) of this subsection is referred to as a ” non-accumulating sinking fund “, and a sinking fund formed under paragraph (b) thereof as an ” accumulating sinking fund “.

(2) Every sum paid to a sinking fund shall, unless applied in repayment of the moneys for the repayment of which the sinking fund is formed, be immediately invested, with the approval of the Minister, in the securities prescribed in section 20 of the Trusts Ordinance for the investment of trust property which consists of money.

(3) In the case of an accumulating sinking fund, the interest received in any year from the investment of the sums set apart for the purposes of the sinking fund shall be paid into the Municipal Fund, but the contribution to be made to the sinking fund out of the Municipal Fund shall in that year be increased by a sum equal to the interest that would have accrued to the sinking fund during that year if interest had been accumulated therein at the rate per centum per annum on which the annual payments to the sinking fund are based.

(4) A Municipal Council may at any time apply the whole or any part of a sinking fund in or towards the discharge of the moneys for the repayment of which the sinking fund was formed :

Provided that, in the case of an accumulating sinking fund, the Council shall pay, out of the Municipal Fund, into the sinking fund each year and accumulate during the residue of the fixed period a sum equal to the interest which would have been produced by such sinking fund or part thereof so applied if invested at the rate per centum per annum on which the annual payments to the sinking fund are based.

(5) Any surplus of a sinking fund remaining after the discharge of the whole of the moneys for the repayment of which it was formed shall be applied to such purpose, as the Council, with the consent of the Minister, may determine.

(1) If at any time it appears to a Municipal Council that the amount in a sinking fund, together with the sums which will be payable thereto in accordance with the provisions of this Part, and, in case of an accumulating sinking fund, with the accumulations thereon, will not be sufficient to repay within the fixed period the moneys for the repayment of which the sinking fund is formed, the Council shall, either temporarily or permanently, make such increased payments, out of the Municipal Fund, to the sinking fund as will cause the sinking fund to be sufficient for that purpose, and if it appears to the Minister that any such increase is necessary, the Council shall increase the payments out of the Municipal Fund to such extent as he may direct.

(2) If the Council desire to accelerate the repayment of any moneys borrowed under this Part by way of mortgage, the Council may increase the amounts payable, out of the Municipal Fund, to the sinking fund.

(3) If the amount in a sinking fund, together with the sums which will be payable thereto in accordance with the provisions of this Part, and also, in the case of an accumulating sinking fund, together with the accumulations thereon, will in the opinion of the Minister be more than sufficient to repay within the fixed period the moneys for the repayment of which the sinking fund is formed, the Council may reduce the payments to the sinking fund either temporarily or permanently to such amounts as will in the opinion of the Minister be sufficient to repay within the fixed period the moneys for the repayment of which the sinking fund is formed.

(4) If at any time the amount in a sinking fund, together with the accumulations thereon in the case of an accumulating sinking fund, will in the opinion of the Minister be sufficient to repay the moneys for the repayment of which the sinking fund is formed within the fixed period the Minister may authorize the Council to suspend the annual payments, out of the Municipal Fund, to the sinking fund until the Minister otherwise directs.

(1) Subject to the provisions of section 192, a Municipal Council may, with the consent of the Minister, borrow by way of temporary loan or overdraft from a bank or otherwise, any sums which the Council may temporarily require-

Provided that the consent of the Minister shall not be necessary for borrowing any such sum if the amount outstanding in respect of all loans already raised by such Council does not exceed the total income received by such Council during the three years immediately preceding the year in which that sum is to be borrowed.

(2) Where money is borrowed in pursuance of paragraph (h) of subsection (1) and subsequently such a loan as is mentioned in that paragraph is raised, then for the purposes of the provisions of this Part regulating the repayment of that loan, the loan shall, to the extent of the sum borrowed under the said paragraph, be deemed to have been raised at the time when the borrowing under the said paragraph took place.

(1) Subject to the provisions of section 192, a Municipal Council may, with the consent of the Minister, borrow for the purpose of-

Provided that the consent of the Minister shall not be necessary for borrowing any sum under the preceding provisions of this subsection if the amount outstanding in respect of all loans already raised by such Council does not exceed the total income received by such Council during the three years immediately preceding the year in which that sum is to be borrowed ;

Provided further that a Municipal Council shall not have power to borrow under this section-

(2) Any moneys borrowed under this section shall, for the purposes of repayment, be deemed to form part of the original loan, and shall be repaid within that portion of the fixed period which remain unexpired, and the provisions which are for the time being applicable to the original loan shall apply to the moneys borrowed under this section:

Provided that the Minister may, upon application made to him for that purpose, extend the period for the repayment of the moneys borrowed under this section so as to expire on such date as he may think fit.

(1) The Minister[1] may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Part.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister[1] may make regulations for or in respect of all matters stated or required to be prescribed, and, in the case of loans raised by the issue of debentures or housing bonds under this Part, for or in respect of the following additional matters:-