Municipal Councils (Amendment) Law
A LAW TO AMEND THE MUNICIPAL COUNCILS ORDINANCE
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BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows: –
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Short title.
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1. This Law may be cited as the Municipal Councils (Amendment) Law, No. 38 of 1973.
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Amendment of section 32 of Chapter 252.
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2. Section 323 of the Municipal Councils Ordinance (hereinafter referred to as the ” principal enactment “) is hereby amended as follows: –
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(1) by the substitution, for subsection (1) thereof, of the following new subsection: –
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” (1) Sections 9, 10, 12, 17, l8, 19, 20, 21 22, 23, 24, 33 and 34 of the Colombo Municipal Council Waterworks (3rd Ordinance shall apply to the Municipality of Galle”
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(2) by the substitution, for subsection (3) thereof, of the following new subsection: –
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” (3) The Municipal Council of Galle may by means of by-laws made and published in manner provided by this Ordinance apply to the Municipality of Galle, with such modifications as circumstances may require, any of the regulations contained in the Schedule to the said Colombo Municipal Council Waterworks Ordinance.”: and
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(3) by the substitution, for the marginal note to that section, of the following new marginal note: –
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Application of certain portions of the Colombo Municipal Council Waterworks Ordinance to Galle.”.
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Insertion of new sections 323A and 323B in the principal enactment.
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3. The following new sections are hereby inserted immediately after section 323, and shall have effect as sections 323A and 323B, of the principal enactment: –
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” Application of certain provisions of the Colombo Municipal Council Waterworks Ordinance to Kandy.
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323A.
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(1) Sections 3, 4, 7 and sections 9 to 44 (inclusive) of the Colombo Municipal Council Waterworks Ordinance and the regulations set out in the Schedule thereto shall apply to the Municipality of Kandy, subject to the modifications set out in the Eleventh Schedule hereto.
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(2) In the event of any conflict or inconsistency between the provisions made applicable to the Municipality of Kandy by subsection (1) and the provisions of any by-laws relating to water works applicable to such Municipality, the provisions made applicable by sub section (1) shall prevail over the provisions of such by-laws to the extent of such conflict or inconsistency. Power of Minister to apply provisions of Colombo Municipal Council Waterworks Ordinance to Municipal Councils.
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Power of Minister to apply provisions of Colombo Municipal Council Waterworks Ordinance to Municipal Councils.
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323B. The Minister may, by Order published in the Gazette, apply to any Municipality all or any of the provisions of the Colombo Municipal Council Waterworks Ordinance with such modifications, to meet the requirements of that Municipality, as may be set out in the Order”.
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Insertion of Eleventh Schedule in the principal enactment
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4. The following new Schedule is hereby inserted immediately after the Tenth Schedule, and shall have effect as the Eleventh Schedule, to the principal enactment: – 4. The following new Schedule is hereby inserted immediately after the Tenth Schedule, and shall have effect as the Eleventh Schedule, to the principal enactment: –
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ELEVENTH SCHEDULE(SECTION 323A)
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Modifications of the provisions of the Colombo Municipal Council Waterworks Ordinance in their application to the Municipality of Kandy.
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(1) In section 7-
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(a) for the expression ” Municipality of Colombo,”, substitute the expression “Municipality of Kandy,”;
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(b) for the expression ” Colombo Municipality,”, substitute the expression ” Kandy Municipality,”; and
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(c) for the expression ” or pumps for the gratuitous use of the inhabitants of the Municipality for domestic purposes. substitute the expression ” or pumps.”.
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(2) In section 13 omit the expression ” and vested in the Council by this Ordinance “.
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(3) In section 14 for the expression ” the Municipality of Colombo “, substitute the expression ” the Municipality of Kandy “.
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(4) In section 15, in subsection (1) thereof, for the expression ” Commissioner of the Court of Requests of Colombo,”, substitute the expression ” Commissioner of the Court of Requests of Kandy,”.
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(5) In section 21 omit the expression ” for other than domestic purposes.”.
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(6) In section 44-
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(a) for the expression ” Magistrate’s Court of Colombo;”, substitute the expression ” Magistrate’s Court of Kandy;”; and
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(b) in the marginal note to that section, for the expression ” Magistrate of Colombo “, substitute the expression ” Magistrate of Kandy “.
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(7) In the Schedule thereto-
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(a) in regulation 4, substitute for all the words and figures from ” Form A in this Schedule shall have been previously entered into with the Municipal Council.”, to the end of that regulation, of the following: –
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“Form A or Form I in this Schedule, as the case may be, shall have been previously entered into with the Municipal Council:
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Provided that pending the making of such an agreement, any agreement entered into by any person with the Council, under the by-laws made by the Council shall for all purposes be deemed to have been entered into under these regulations.”.
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(b) immediately after regulation 4, insert the following new regulation; –
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” 4A. No owner or occupier shall be provided with a private service of water for domestic purposes unless an agreement in the form G or H in this Schedule as may be applicable shall have been previously entered into with the Municipal Council by the owner or occupier.”;
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(c) for regulation 17, substitute the following new regulation: –
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” 17. All pipes and fittings used in the construction of any service shall, unless otherwise specified in these regulations, be of the thickness and quality approved by the Water works Engineer.”;
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(d) in regulation 31 for the expression “‘ for other than domestic purposes substitute the expression ” for domestic or for other than domestic purposes “;
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(e) for regulations 32, 33, 34. 35 and 36 substitute the following regulations: –
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” 32. Water supplied to premises occupied wholly or in part for the following purposes shall be considered as supplied for other than domestic purposes, namely:-
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(a) Commercial Purposes Class 1- for the purposes of conducting or carrying on any trade or manufactory where water is used exclusively for the benefit of persons engaged or employed therein, including Private Dental Clinics, Private Nursing Homes, Private Hospitals, Private Dispensaries and Private Surgeries.
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(b) Commercial Purposes Class 2- Conducting any trade or business where water is used for catering for persons other than those referred to in Class I above in furtherance of such trade or business and shall include the following: –
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5. Private Boarding Houses (other than those attached to educational and religious institutions)
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6. Private lodging houses (other than pilgrim rests).
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7. Private hostels or Guest houses.
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12. Photographic Studios.
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19. Places of Entertainments.
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20. Battery (electrical storage cells) repairers.
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21. Vegetable shops (other than those in the Municipal Central Market).
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22. Florists (other than those in the Municipal Central Market).
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23. Plant shops (other than those in the Municipal Central Market).
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24. Building works, road making or road repairing purposes, other than Municipal roads.
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26. Hair Dressing Saloons.
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27. Public bathing places where fees are levied from persons using them.
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28. Swimming baths, or for watering gardens or corn pounds, where special appliances or connections are fixed permanently or temporarily to any service pipes or main for the purpose.
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31. Piggeries, keeping of horses and cattle.
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32. Such other trade or business which the Council may by resolution declare from time to time as falling within this category,
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(c) Industrial Purposes-conducting or carrying on any trade or manufactory which chiefly depend on water and include the following: –
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1. Factories, using water for cooling engines or generating steam.
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2. Factories utilizing water for manufacture of products.
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3. Aerated water manufactories.
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7. Syrup manufactories and canning industries other than dry canning.
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8. Motor vehicles service stations, garages and workshops using water for washing vehicles, machinery and other equipment connected with the trade carried therein.
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10. Manufacturing of cement concrete articles.
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11. Bottle washing firms and distilleries.
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12. Liquor manufactories.
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13. Chemical manufactories.
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14. Electroplating works.
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17. Processing and packing establishments.
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18. Brick, tile and ceramic manufactories.
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19. Such other industries which the Council may by resolution declare from time to time as falling within this category.
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33. All water supplied in bulk to local authorities, the Ceylon Government Railway, Shipping lines and such other bulk supply which the Council may from time to time by resolution declare as falling within this category shall be considered as supplied for other than domestic purposes.
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34. Every private service of water not falling within the categories herein before mentioned shall be deemed to be supplies for domestic purposes.
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35. The prices of water supplied by meter to premises shall be as follows; –
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A. For commercial purposes falling under-
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Class 1-Re. 1.50 per 1,000 gallons.
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Class 2-Re. 1.65 per 1,000 gallons.
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B. For industrial purposes at Re. 1.65 per 1,000 gallons.
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C. For bulk supplies at Re. 1.30 per 1,000 gallons.
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D. In the case of water supplied for domestic purposes to premises in respect of which consolidated rates or a fixed sum in lieu of such rates is not payable, the-Council may make a charge at such rates as the Council may by resolution fix from time to time.
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E. For domestic purposes other than to premises referred to in item D at Re. 1 per 1,000 gallons.
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F. For temporary connections for a period not exceeding one month at Re. 1.65 per 1,000 gallons.
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36. Where water is supplied other than by meter the Council may make an assessment based on the probable quantity of water used on the premises as determined by a temporary meter or as determined by the Water Works Engineer.”;
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(f) in regulation 40, for the expression ” in regulation 35 (5) ,”, substitute the expression ” in regulation 36,”;
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(g) in the Forms A and E for the expression ” the Colombo Municipal Council “, substitute the expression ” the Kandy Municipal Council”;
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(h) in the Form A-
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(i) in paragraph 4 thereof, for the expression “thereunder shall”, substitute the expression ” thereunder shall in so far as they apply to the Kandy Municipal Council “; and
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(ii) for the expression ” Signed at Colombo ,” wherever that expression occurs in that Form. substitute the expression ” Signed at Kandy,”;
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(i) In the Forms B, D, E and F for the expression ” Colombo, ,19.”, substitute the expression ” Kandy. 19. “;
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(j) in the Form C for the expression ” To the Waterworks Engineer, Colombo “, substitute the expression ” To the Waterworks Engineer, Kandy.”;
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(k) in the Form E for the expression ” Municipal Council of Colombo “. substitute the expression. ” Kandy, Council of Kandy “; and
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(l) immediately after Form F insert the following new Forms:-
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