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Amendment of section 10 of Chapter 252.
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2. Section 10 of the Municipal Councils Ordinance (hereinafter in this Part referred to as the” principal enactment “), as last amended by Act No.2 of 1967, is hereby further amended as follows:
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(a) in subsection (1) of that section, by the substitution, for all the words from” and shall expire on the thirty-first day of December” to the end of that subsection, of the following:
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“and shall. unless such councilor vacates office earlier by death. resignation or removal continue for a period of forty eight months from the date on which such term of office commenced.” ; and
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(b) by the repeal of subsection (2) thereof, and the substitution therefor of the following subsection: (2) The Minister may by Order published in the Gazette
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(a) curtail the term of office referred to in subsection (1) by appointing, in substitution for the date on which the term ‘of office expires, a day of any month preceding the month on which such term of office expires in that year Or in the year immediately preceding that year; and
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(b) extend such term by appointing, in substitution for the date on which the term of office expires, under subsection (1) or the day appointed under paragraph (a) of this subsection, a day of any month after the day on which the term of office expire in that year or in any year subsequent to the year so specified or appointed, and there after from time to time extend such term by appointing in substitution for the date of expiry of such term specified in the last Order, a later date:
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Provided, however, that the period by which such term is extended or the aggregate of the periods by which such term is from time to time extended shall not exceed twelve months.”.
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Amendment of section 40 of the principal enactment.
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3. Section 40 of the principal enactment as amended by Act No. 13 of 1983, is hereby amended in subsection (1) of that section, by the substitution for paragraph (uu) (inserted by Act No. 13 of 1983) of that subsection of the following paragraph:
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“(uuu) with the prior approval of the Minister
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(i) to engage in commercial and industrial enterprises for the manufacture and production of such machinery, equipment, articles, materials and goods’ as may be required for the public services or the public utility services, as the case may be, which may be established and maintained by any Municipal Council or Urban Council under the Municipal Councils Ordinance and the Urban Councils Ordinance or under any other written law; and
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(ii) to sell such machinery, equipment, articles, materials or goods to any other Municipal Council or Urban Council or to the public at such prices as may be determined by the Council and approved by the Minister.”.
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Amendment of section 73 of the principal enactment.
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4. Section 73 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees.”, of the words” on conviction to a fine not exceeding five hundred rupees.”.
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Amendment of section 74 of the principal enactment.
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5. Section 74 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees.”, of the words” on conviction to a fine not exceeding five hundred rupees “.
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Amendment of section 78 of the principal enactment.
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6. Section 78 of the principal enactment is hereby amended by the substitution, for the words” 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”, of the words” on conviction to a fine not exceeding five hundred rupees, and in case of a continuing offence, to an additional fine not exceeding two hundred and fifty rupees”.
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Amendment of section 79 of the principal enactment.
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7. Section 79 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding fifty rupees” of the words” on conviction to a fine not exceeding five hundred rupees. “.
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Amendment at section 81 of the principal enactment.
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8 Section 81 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding fifty rupees,”, of the words” on conviction to a fine not exceeding five hundred rupees,”.
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Amendment of section 83 of the principal enactment.
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9. Section 83 of the principal enactment is hereby amended as follows :
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(a) in subsection (1) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees: “, of the words” on conviction to a fine not exceeding five hundred rupees: ” ;
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(b) in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees; “, of the words ,. on conviction to fine not exceeding five hundred rupees; ” ;
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(c) in subsection (3) of that section, by the substitution, for the words” 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, ” of the words” on conviction to a fine not exceeding five hundred rupees, and, in case of a continuing offence, to an additional fine not exceeding two hundred and fifty rupees”; and
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(d) in subsection (4) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees.”, of the words” on conviction to a fine not exceeding five hundred rupees. “.
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Amendment of section 84 of the principal enactment.
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10. Section 84 of the principal enactment is hereby amended as follows:
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(a) by the repeal of subsection (2) thereof and the substitution therefor, of the following subsection:
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(2) No animal seized under subsection (1) shall be delivered to the owner thereof unless upon payment of such sum as the Council having regard to local conditions may by resolution fix, from time to time, for the use of the person by whom the animal may have been seized and for each day during which the animal may have been kept in the pound ; and
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(b) in subsection (3) thereof, by the substitution for all the words from” and after payment of two rupees to “and maintained in the pound, of the following :-
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” and after payment of such sums as the Council having regard to local conditions may by resolution fix from time to time, to the person by whom the animal was seized and for each day during which the animal may have been kept and maintained in the pound, “.
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Amendment of section 85 of the principal enactment
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11. Section 85 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding fifty rupees. “, of the words” on conviction to a fine not exceeding five hundred rupees.
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Amendment. of section 93 of the principal enactment
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12. Section 93 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding fifty rupees. “. of the words” on conviction to a fine not exceeding five hundred rupees..
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Amendment of section 101 of the principal enactment
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13. Section 101 of the principal enactment is hereby amended by the substitution. for the words “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”, of the words” on conviction to a fine not exceeding five hundred rupees and in case of a continuing offence, to an additional fine not exceeding two hundred and fifty rupees”.
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Amendment of section 102 of the principal enactment.
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14. Section 102 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding fifty rupees, and, in case of a continuing offence to an additional fine not exceeding ten rupees “, of the words” on conviction to a fine not exceeding five hundred rupees, and in case of a continuing offence, to an additional fine not exceeding one hundred rupees”.
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Amendment of section 103 of the principal enactment.
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15. Section 103 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution, for the words” 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 “, of the words” on conviction to a fine not exceeding one thousand rupees, and, in the case of a continuing offence to an additional fine not exceeding two hundred and fifty rupees “.
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Amendment of section 104 of the principal enactment.
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16. Section 104 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution, for the words” 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 “, of the words” on conviction to a fine not exceeding one thousand rupees, and, in case of a continuing offence to an additional fine not exceeding two hundred and fifty rupees “.
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Amendment of section 105 of the principal enactment.
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17. Section 105 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding one hundred rupees. “, of the words” on conviction to a fine not exceeding one thousand rupees. “.
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Amendment of section 106 of the principal enactment.
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18. Section 106 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding two hundred and fifty rupees. “, of the words” on conviction to a fine not exceeding two thousand five hundred rupees. “.
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Amendment of section 107 of the principal enactment.
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19. Section 107 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding one hundred rupees. “, of the words” on conviction to a fine not exceeding one thousand rupees. “.
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Amendment of section 108 of the principal enactment.
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20. Section 108 of the principal enactment is hereby amended in subsection (3) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees. “, of the words” on conviction to a fine not exceeding five hundred rupees. “.
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Amendment of section 109 of the principal enactment.
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21. Section 109 of the principal enactment is hereby amended in subsection (11) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees.”, of the words” on conviction to a fine not exceeding five hundred rupees. “.
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Amendment of section 110 of the principal enactment.
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22. Section 110 of the principal enactment is hereby amended as follows :
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(a) in subsection (5) of that section, by the substitution. for the words” on conviction be liable to a fine not exceeding one hundred rupees;” and .. on conviction be liable to a fine not exceeding twenty-five rupees “, of the words” on conviction be liable to a fine not exceeding one thousand rupees; ” and” on conviction be liable to a fine not exceeding two hundred and fifty rupees ” respectively; and
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(b) in subsection (7) of that section, by the substitution, for the words” on conviction be liable to a fine not exceeding one hundred rupees. “, of the words” on conviction be liable to a fine not exceeding one thousand rupees.”.
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Amendment of section 111 of the principal enactment.
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23. Section 111 of the principal enactment is hereby amended in subsection (4) of that section, by the substitution, for the words” on conviction be liable to a fine not exceeding one hundred rupees;” and” on conviction be liable to a fine not exceeding twenty-five rupees “, of the words” on conviction be liable to a fine not exceeding one thousand rupees;” and” on conviction, be liable to a fine not exceeding two hundred and fifty rupees” respectively.
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Amendment of section 112 of the principal enactment.
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24. Section 112 of the principal enactment .is hereby amended as follows:
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(a) in subsection (4) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees. “, of the words” on conviction to a fine not exceeding five hundred rupees.” ; and
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(b) in subsection (6) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees. “, of the words” on conviction to a fine not exceeding five hundred rupees.”.
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Amendment of section 113 of the principal enactment.
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25. Section 113 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding one hundred rupees. “, of the words” on conviction to a fine not exceeding one thousand rupees.”.
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Amendment of section 115 of the principal enactment.
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26. Section 115 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees” and” on conviction be liable to a fine not exceeding twenty-five rupees”, of the words” on conviction to a fine not exceeding five hundred rupees” and” on conviction be liable to a fine not exceeding two hundred and fifty rupees” respectively.
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Amendment of section 116 of the principal enactment.
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27. Section 116 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees; ” and” on conviction be liable to a fine not exceeding twenty-five rupees “, of the words” on conviction to a fine not exceeding five hundred rupees; ” and “on conviction be liable to a fine not exceeding two hundred and fifty rupees”, respectively.
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Amendment of section 117 of the principal enactment.
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28. Section 117 of the principal enactment is hereby amended in subsection (6) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees ;” and” on conviction be liable to a fine not exceeding twenty-five rupees “, of the words” on conviction to a fine not exceeding five hundred rupees; ” and “on conviction be liable to a fine not exceeding two hundred and fifty rupees”, respectively.
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Amendment of section 118 of the principal enactment.
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29. Section 118 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees. “, of the words” on conviction to a fine not exceeding five hundred rupees.”.
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Amendment of section 119 of the principal enactment.
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30. Section 119 of the principal enactment is hereby amended in subsection (3) of that section, by the substitution, for the words” on conviction to a fine not exceeding two hundred rupees. “, of the words” on conviction to a fine not exceeding two thousand rupees.”.
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Amendment of section 120 of the principal enactment.
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31. Section 120 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding one hundred rupees.”, of the words” on conviction to a fine not exceeding one thousand rupees. ” .
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Amendment of section 121 of the principal enactment.
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32. Section 121 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees;” and” on conviction to a fine not exceeding twenty-five rupees “, of the words” on conviction to a fine not exceeding five hundred rupees;” and’ on conviction to a fine not exceeding two hundred and fifty rupees” respectively.
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Amendment of section 124 of the principal enactment.
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33. Section 124 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding twenty-five rupees “, of the words “on conviction to a fine not exceeding two hundred and fifty rupees “.
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Amendment of section 127 of the principal enactment.
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34. Section 127 of the principal enactment is hereby amended in subsection (3) of that section, by. the substitution, for the words” on conviction to a fine not exceeding twenty-five rupees “, of the words” on conviction to a fine not exceeding two hundred and fifty rupees “.
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Amendment of section 134 of the principal enactment.
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35. Section 134 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding ten rupees. “, of the words” on conviction to a fine not exceeding one hundred rupees.”.
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Amendment of section 135 of the principal enactment.
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36. Section 135 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees.”, of the words” on conviction to a fine not exceeding five hundred rupees.”.
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Amendment of section 136 of the principal enactment.
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37. Section 136 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding fifty rupees, and, in case of a continuing offence, to an additional fine not exceeding ten rupees “, of the words” on conviction to a fine not exceeding five hundred rupees, and, in case of a continuing offence, to an additional fine not exceeding one hundred rupees. “.
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Amendment of section 136A at the principal enactment.
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38. Section 136A of the principal enactment, (Inserted by Act No. 42 of 1979) is hereby amended in subsection (1) of that section, by the substitution, for the words” within the administrative limits of the Colombo Municipal Council,” of the words” within the administrative limits of any Municipal Council.”.
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Amendment of section 136B at the principal enactment.
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39. The following new section is hereby inserted immediately after section 136A of the principal enactment and shall have effect as section 136B of that enactment:
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” Power of the Mayor in regard to trees or branches, trunks or fruits of trees endangering the safety of person or property.
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136B.
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(1) Where in any Municipal Council area any tree or any branch, trunk, fruit or other part of a tree is causing or is likely to cause damage to any building, or is in a condition dangerous to the occupants of any building, or to the safety of passers by along any public thoroughfare, the Mayor may, by a notice in writing served on the owner or occupier of the land on which such tree stands require such owner or occupier to tie up and make secure, or to cut down and remove such tree or the branch, trunk, fruit or other part of such tree within such time as may be specified in the notice.
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(2) Every person on whom a notice is served under subsection (1), shall comply with the requirements of such notice within the time specified therein, and in the event of the refusal or neglect of such persons to comply with such requirements within such time, the Mayor or any officer or workman authorized in writing in that behalf by the Mayor, may enter upon the land referred to in such notice and do what such person was required to do by such notice, and the expenses thereby incurred may be recovered from such person as a debt due to the Council.”.
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Amendment of section 137 of the principal enactment.
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40. Section 137 of the principal enactment is hereby amended in subsection (3) of that section, by the substitution, for the words ., on conviction to a fine not exceeding five hundred rupees,”, of the words” OD conviction to a fine not exceeding five thousand rupees: “.
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Amendment of section 139 of the principal enactment.
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41. Section 139 of the principal enactment is hereby amended by the substitution, for the words ,. on conviction to a fine not exceeding fifty rupees: “, of the words” on conviction to a fine not exceeding five hundred rupees: “.
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Amendment of section 140 of the principal enactment.
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42. Section 140 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees,”, of the words” on conviction to a fine not exceeding five hundred rupees,”.
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Amendment of section 141 of the principal enactment.
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43. Section 141 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding one hundred rupees. “, of the words “on conviction to a fine not exceeding one thousand rupees..
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Amendment of section 158 of the principal enactment.
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44. Section 158 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding fifty rupees. “, of the words” on conviction to a fine not exceeding five hundred rupees.”.
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Amendment of section 159 of the principal enactment.
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45. Section 159 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding twenty rupees.”, of the words ,. on conviction to a fine not exceeding two hundred rupees. “.
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Amendment of section 180 of the principal enactment.
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46. Section 180 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding five hundred rupees. “, of the words ” on conviction to a fine not exceeding five thousand rupees. “.
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Amendment of section 188 of the principal enactment.
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47. Section 188 of the principal enactment, as last amended by Act No. 61 of 1981, is hereby further amended in subsection (1) of that section:
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(a) by the substitution in paragraph (1) of that subsection, for the words “not exceeding in the aggregate one thousand rupees “. of the words” not exceeding in the aggregate ten thousand rupees, ” ; and
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(b) by the insertion, immediately after paragraph (n) of that subsection, of the following new paragraph:
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” (nn) all expenses incurred by the council in the installation and maintenance of official telephone facilities to the residence of the Councillors;”.
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Amendment of section 196 of the principal enactment.
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48. Section 196 of the principal enactment is hereby amended in subsection (5) of that section, by the substitution, for the words” to a fine not exceeding two hundred and fifty rupees, “, of the words” to a fine not exceeding two thousand five hundred rupees, “.
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Amendment of section 221 of the principal enactment.
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49. Section 221 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding one hundred rupees and to an additional fine not exceeding fifty rupees”, of the words” on conviction to a fine not exceeding one thousand rupees and to an additional fine not exceeding five hundred rupees”.
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Amendment of section 227 of the principal enactment.
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50. Section 227 of the principal enactment is hereby amended as follows:
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(a) by the substitution, for the words” expenditure of not more than one thousand five hundred rupees, “, of the words ” expenditure of not more than fifteen thousand rupees, ” ; and
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(b) in the marginal note to that section, by the substitution, for the words” one thousand five hundred rupees “, of the words” fifteen thousand rupees”.
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Amendment of section 228 of the principal enactment.
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51. Section 228 of the principal enactment is hereby amended as follows :
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(a) by the substitution, for the words” expenditure of more than one thousand five hundred rupees, “, of the words” expenditure of more than fifteen thousand rupees, “; and
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(b) in the marginal note to that section, by the substitution, for the words” one thousand five hundred rupees “, of the words” fifteen thousand rupees”.
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Amendment of section 230 of the principal enactment.
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52. Section 230 of the principal enactment as last amended by Act No. 20 of 1985, is hereby further amended by the repeal of the subsection immediately after subsection (2) of that section.
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Amendment of section 234 of the principal enactment.
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53. Section 234 of the principal enactment is hereby, ended in subsection (3) of that section, by the substitution, for the words” on conviction to a fine not exceeding one hundred rupees. “, of the words” on conviction to a fine not exceeding one thousand rupees. “.
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Amendment of section 247B of the principal enactment.
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54. Section 247B of the principal enactment (inserted by Act No. 42 of 1979) is hereby amended in subsection (4) of that section, by the substitution, for the words” the Council shall report” and” such Council is situated. “, of the words” the Commissioner shall report” and” the Council is situated.” respectively.
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Amendment of section 247C of the principal enactment.
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55. Section 247C of the principal enactment (inserted by Act No. 42 of 1979) as amended by Act No. 20 of 1985 is hereby further amended in subsection (3) of that section, by the substitution, for the words” the Council shall report” and” such Council is situated. “, of the words” the Commissioner shall report” and,” the Council is situated. ” respectively.
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Amendment of section 247E of the principal enactment.
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56. Section 247E of the principal enactment (inserted by Act, No. 42 of 1979) as amended by Act No. 20 of 1985 is hereby further amended in subsection (2) of that section, by the substitution, for the words” the Council shall report “, of the words” the Commissioner shall report”.
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Amendment. of section 251 of the principal enactment.
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57. Section 251 of the principal enactment is hereby amended by the substitution, for the words” on conviction to a fine not exceeding fifty rupees. “, of the words” on conviction to a fine not exceeding five hundred rupees.”.
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Amendment of section 255 of the principal enactment.
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58. Section 255 of the principal enactment as last amended by Act No. 42 of 1979, is hereby further amended as follows :
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(a) in paragraph (c) of that section, by the substitution, for the words” a charge not exceeding five cents “, of the words” a charge not exceeding seventy-five rupees”;
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(b) in paragraph (d) of that section, by the substitution, for the words” a charge not exceeding seventy-five cents “, ‘of the words” a charge not exceeding seventy-five rupees”; and
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(c) in paragraph (e) of that section, by the substitution, for the words” a charge not exceeding twenty-five cents”, of the words” a charge not exceeding one rupee “.
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Amendment of section 256 of the principal enactment.
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59. Section 256 of the principal enactment is hereby amended by the substitution, for the words” one thousand rupees” wherever those words appear in that section, of the words” ten thousand rupees”.
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Insertion of new section 266A in the principal enactment,
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60. The following new section is hereby inserted immediately after section 266 of the principal enactment and shall have effect as section 266A of that enactment:- ,
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Waiver of sums due to the Council
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266A. The Council may by resolution waive the whole or any part of any sum of money (not being a sum for the waiver of which provision is made by subsection (2) of section 252) due to the Council from any person if it appears to the Council that the amount to be waived is inconsiderable or irrecoverable or that it should be written off on the ground of the poverty of the person liable therefor. Every such resolution relating to the waiver of an amount exceeding one thousand rupees shall be subject to the approval of the Minister.”.
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Amendment of section 297 of the principal enactment.
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61. Section 297 of the principal enactment is hereby amended by the substitution, for the words” on conviction thereof to a fine not exceeding fifty rupees”, of the words “on conviction thereof to a fine not exceeding five hundred: rupees”.
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Amendment of section 299 of the principal enactment.
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62. Section 299 of the principal enactment is hereby amended in subsection (3) of that section, by the substitution, for the words” on conviction to a fine not exceeding fifty rupees”, of the words” on conviction to a fine not exceeding five hundred rupees”.
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Amendment of section 308 of the principal enactment.
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63. Section 308 of the principal enactment is hereby amended by the substitution, for the words” within three months next after the commission”, of the words” within six months next after the commission”.
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Amendment of the Second Schedule to the principal enactment.
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64. The Second Schedule to the principal enactment is hereby amended in paragraph 2 thereof, by the addition immediately after item (e), of the following new item :
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” (f) the Explosives Ordinance, 1902.”.
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