Pradeshiya Sabhas

(1) The Minister may, with a view to facilitating the effective participation of the people in local government and development functions, by Order published in the Gazette declare any area to be a Pradeshiya Sabha area for the purposes of this Act and shall define the administrative limits of the area so declared. The administrative limits of every Pradeshiya Sabha area so declared shall, as far as possible, correspond to limits of an Assistant Government Agent’s division excluding any areas comprised in a Municipality or a town (within the meaning of the Urban Councils Ordinance) which falls within the limits of such Assistant Government Agent’s division. The Minister may by the same Order or by a subsequent Order, constitute a Pradeshiya Sabha for such Pradeshiya Sabha area and assign a name to such Sabha.

(2) Every Pradeshiya Sabha constituted by an Order under subsection (1) shall be a body corporate with perpetual succession and a common seal and shall have power, subject to the provisions of this Act, to acquire, hold and sell property and may sue and be sued in such name.

(3) The common seal of the Pradeshiya Sabha shall remain in the custody of the Secretary of such Sabha, and shall not be affixed to any contract or other instrument on behalf of the Pradeshiya Sabha, except in the presence of the Chairman and the, Secretary of such Sabha, who shall sign their names to such contract or other instrument in token of their presence.

(4) No act or proceeding of a Pradeshiya Sabha constituted by an Order under subsection (1) shall be deemed to be invalid by reason only of the existence of a vacancy among its members or any defect in the election of a member thereof.

(1) The term of office of each member of a Pradeshiya Sabha elected at a general election shall

and shall, unless such member vacates office earlier by death, resignation or removal be for a period of forty-eight months.

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

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.

(3) Where a member is elected in place of a member of a Pradeshiya Sabha who dies, resigns or otherwise vacates office, he shall subject to the provisions of this Act, hold office for the unexpired period of office of his predecessor.

(1) The Chairman of a Pradeshiya Sabha shall be the chief executive officer of the Pradeshiya Sabha, and all executive acts and responsibilities which are by this Act or any other written law directed or empowered to be done or discharged by the Pradeshiya Sabha may, unless the contrary intention appears:; from the context, be done or discharged by the Chairman.

(2) The Chairman may by order in writing delegate to the Vice-Chairman or Secretary or any other officer of the Pradeshiya Sabha any of the powers, duties or functions conferred or imposed upon or vested in the Chairman by this Act or any other written law.

(3) The exercise, discharge or performance by the Vice Chairman or the Secretary or any other officer of the Pradeshiya Sabha of any Dower, duty or function delegated to him by order of the Chairman, 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 on may at any time be varied or cancelled by order of the Chairman.

(4) During the period of absence of the Chairman on a count of illness or other unavoidable cause, the Vice Chairman may exercise the same powers and perform the same duties as the Chairman.

(1) There shall be appointed a fit and proper person to be or to act as the Secretary of the Pradeshiya Sabha.

(2) The Secretary of a Pradeshiya Sabha shall be the chief administrative officer of the Pradeshiya Sabha and shall exercise, perform and discharge such powers, duties and functions as are conferred or imposed upon him by this Act or any rules made under this Act or by any other written law for the time being in force.

(3) Where a Pradeshiya Sabha is unable to discharge its functions by reason of the Chairman and Vice-Chairman ceasing to hold office, the Secretary shall, during any period that elapses between the occurrence of the vacancies in respect of those offices and the filling of those vacancies in accordance with the provisions of the Local Authorities Elections Ordinance, have, exercise perform and discharge all the rights, privilege, powers, duties and functions vested in or conferred or imposed on, the Pradeshiya Sabha, the Chairman or Vice-Chairman by this Act or by any other written law.

(a) vary the limits of any Pradeshiya Sabha area, in a manner consistent with the provisions of section 2 ;

(b) vary the number of members determined under section 4 for any Pradeshiya Sabha, in accordance with the principles set out in that section ;

(c) dissolve any existing Pradeshiya Sabha and direct that it shall be replaced by new Pradeshiya Sabha 10 be constituted in lieu of such existing Sabha.. whenever is appear to him to be expedient so to do upon any variation of the limits of the Pradeshiya Sabha area for which the existing Sabha was constituted ;

(d) dissolve any Pradeshiya Sabha for the purpose of constituting in its place a Municipal Council or an Urban Council. In constituting a Municipal Council,

(a) the new Sabha shall, from the date of the constitution thereof, be the successor of the dissolved Sabha for all purposes relating to the Pradeshiya Sabha area or any part thereof for which the dissolved Sabha was constituted, in so far as such area or part thereof is included within the administrative limits of the Pradeshiya Sabha area for which the new Sabha is constituted ;

(b) all the property of such dissolved Sabha situated within the administrative limits of the new Sabha and all die rights, powers, duties, debts, liabilities, and obligations of such dissolved Sabha in so far as the same relate to any area within the administrative limits of the new Sabha shall as from the date of the constitution of the new Sabha be deemed to be transferred to the new Sabha ;

(c) all references in any enactment, or in any Order, rule, regulation, or by-law made thereunder or any document or instrument executed or issued in pursuance thereof, to such dissolved Sabha shall, for the purpose of any area within the administrative limits of such dissolved Sabha which shall be included within the administrative limits of the new Sabha, be construed as though they were references to the new Sabha.

(1) Ordinary meetings of a Pradeshiya Sabha shall be held for the despatch of business on such dates or at such intervals as may be fixed by by-laws or rules made or deemed by any written law to have been made under this Act.

(2) A special meeting of a Pradeshiya Sabha may be convened by the Chairman whenever he considers it desirable and shall be convened whenever a written requisition is presented to him signed by members of that Pradeshiya Sabha not less in number than the quorum prescribed for ordinary meetings of the Pradeshiya Sabha.

(3) The special meeting in compliance with any requisition shall be convened within seven days of the receipt of the requisition in by the Chairman.

(4) If the Chairman of any Pradeshiya Sabha refuses or wilfully neglects to convene a special meeting within seven days of the receipt of any requisition persisted to him, it shall be lawful for the Assistant Commissioner to convene a special meeting at any time thereafter and to preside or to depute a public officer to preside over that meeting.

(5) Not less than two days notice of the date appointed for each special meeting under this section and of the business to be transacted thereat shall be given to, or left at the residence of, each member of that Pradeshiya Sabha.

(1) A Pradeshiya Sabha may, from time to time, appoint committees consisting either of members of the Sabha or partly of members of the Sabha and partly of other inhabitants of the Pradeshiya Sabha area, and of the Chairman of the Gramodaya Mandalayas established within such Pradeshiya Sabha area for the purpose of advising the Sabha with reference to any of its powers, duties and functions, ‘Or any matter under the consideration of the Sabha, and may, from time to time, subject to such conditions as it may determine, delegate any of its powers and duties to such committees other than the power to raise any loan, to levy any rate or to impose any tax.

(2) A separate Committee shall be appointed under subsection (1) to advice the Pradeshiya Sabha on each of the following subjects:

Subject to the fore gong, any number of Committees may be appointed under subsection (1).

(1) All matters or questions authorized by this Act or by any other written law to be decided by a Pradeshiya Sabha shall be decided upon by the majority of members present at any meeting of the Pradeshiya Sabha held in accordance with the provisions of this Act

(2) Where the votes of the members present at any meeting are equally divided in regard to any question, the Chairman, Vice-Chairman or other member presiding at the meeting shall, in addition to his vote as a member, have a casting vote.

(1) All such movable or immovable property vested in a Development Council and situated or used, in Pradeshiya Sabha area, on the day preceding the date a pointed under section 1, as may be determined by the Minister or by any officer authorized in that behalf in writing shall vest in the Pradeshiya Sabha constituted for such Pradeshiya Sabha area, with effect from the date of such determination.

(2) Any dispute as to whether any movable or immovable property is a movable or immovable property to which subsection (1) applies, shall be referred to the Secretary to the Ministry of the ‘Minister and his decision thereon shall be final.

(3) All assets and liabilities acquired, or incurred, by a Development Council in the exercise of its local government powers with respect to a Pradeshiya Sabha area, shall, with effect from the date appointed under section 1, stand transferred to, and vest in, the Pradeshiya Sabha constituted for that Pradeshiya Sabha area.

(4) All rates, taxes, duties, fees or other charges levied, by a Development Council, under the Town Councils Ordinance or the Village Councils Ordinance or any other law relating to local government, in respect of any land or thing in a Pradeshiya Sabha area and remaining unpaid on the date appointed under section 1, shall be paid, from and after that date, to the Pradeshiya Sabha constituted for that Pradeshiya Sabha area.

(1) A vesting order, certificate or other record, signed by the persons authorized to make over any property referred to in section 16 and by an officer of the Pradeshiya Sabha authorized to receive or accept such property on behalf of a Pradeshiya Sabha shall be sufficient, and shall be deemed at all times to have been sufficient to vest such property and all rights, title and interest in such property in such Pradeshiya Sabha.

(2) Nothing in section 16 or in the provisions of this section shall be deemed

(3) All property vested in Pradeshiya Sabhas shall be administered, and the revenue thereof shall be employed and made use of, for the purposes of this Act.

(a) all public parks, gardens and open spaces acquires by or otherwise transferred to the Pradeshiya Sabha, and all erections and other structures therein and the equipment thereof, subject always to the terms of any trust or the conditions in any instruments by which any such property may have been transferred to the Pradeshiya Sabhas

(b) all public roads, streets, canals and bridges except such roads, streets, canals and bridges vested is any other authority under any other enactment together with the lands used for the purposes thereof, and all the pavements, stones and other materials thereof, and also all erections, materials, implements and other things provided therefor

(c) all public markets and all works, erections or structures for the benefit or convenience of the public which may be constructed, erected of provided under this Act, or which may have been constructed, provided or erected under any repealed enactment, or may be otherwise transferred, or have been transferred to the Pradeshiya Sabhas’ and all sites, appurtenances, materials, furniture and equipment thereof, subject always to any such trust or condition as aforesaid;

(d) all other public buildings constructed or provided in whole or in part out of the funds of the Pradeshiya Sabha or which may be otherwise transferred to the Pradeshiya Sabha, and all the sites, appurtenances, materials, furniture, and equipment thereof, subject always to any such trust or condition as aforesaid;

(e) the property of and in all the lamps, lamp irons, lamp posts, sluices, dams, pipes, posts, chains, piles, rails and other similar erections and things in, about, or belonging to the roads, streets, and public places vested in the Pradeshiya Sabha and of and in all the materials, furniture and things belonging thereto, except in so far as the same shall be otherwise regulated by contract with the Sabha or shall be otherwise shown to be private property or subject to private rights.

(1) For the purpose of the performance of its duties under this Act, a Pradeshiya Sabha (without prejudice to any other powers specially conferred upon it) shall, subject to the other provisions of this Act and to any rules made thereunder and the Local Government Service Law, No. 16 of 1974, have the following powers:

(2)

(3) The Minister or the Commissioner may, from time to time, give any Prardeshiya Sabha engaged in any commercial or industrial enterprise general or special directions as to the carrying on or transaction of its business and such directions shall be carried out by the Sabha.

(4) The Minister or the Commissioner may, from time to time, direct the Sabha in writing to furnish him in such form as he may require, returns, accounts and other information with respect to the business of such enterprise, and the Sabha shall carry out recovery such direction.

(1) Whenever it appears to the Chairman of any Pradeshiya Sabha that an examination or a survey of any private land, building, or premises is necessary for any public purpose in the area for which the Pradeshiya Sabha is constituted, it hall be lawful for the Chairman to direct any officer or servant of the Pradeshiya Sabha to make such examination or survey, and it shall thereupon ,be lawful for such officer or servant and his workmen to enter such land, building or premises and to do thereon all of the following acts:

(2) Where any damage is caused to any land or to anything thereon by the performance of any of the acts referred to in subsection (1), fun compensation shall be paid by the Pradeshiya Sabha to the owner or other person entitled thereto.

(3) No person shall enter any building or any enclosure attached to a dwelling house for the purposes of subsection (1) except with the written consent of the occupant thereof, or it such consent is withheld with the written sanction of the Chairman of the Pradeshiya Sabha.

(4) Every mark fixed on any land under this section shall be deemed to Le the property of the Pradeshiya Sabha.

(1) Subject to the powers and responsibilities by law committed to any other authority, the Pradeshiya Sabha shall be the general administrative authority for the purpose of all thoroughfares and communications, other than principal thoroughfares, within its administrative limits, with all such powers as are vested in it under this Act, the Housing and Town Improvement Ordinance, and any other enactment from time to time enacted in that behalf.

(2) Subject to such directions as may be given by the Minister from time to time by Order published in the Gazette, the Pradeshiya Sabha shall be the administrative authority for the purposes of the protection of any principal thoroughfare that may be situated within its area, and shall be entitled for such purpose to exercise or perform in relation to any such principal thoroughfare, any of the powers or duties conferred or imposed by sections 43 to 67 (both inclusive) relating to buildings along thoroughfares, obstructions to thoroughfares, encroachments on thoroughfares, injuries to thoroughfares and nuisances on thoroughfares.

(1) It shall be the duty of every Pradeshiya Sabha within three years of the coming into force of these provisions or within such further period as may in the special circumstances of any case be allowed by the Minister

(2) Upon the publication of such notices any party claiming to be the owner of land from which such road or path has been demarcated shall within the time prescribed by such notice institute action in the appropriate court for establishing his title to such land.

(3) After the expiration of a period of three months and before the expiration of a period of six months from the date on which the notice under subsection (1) is published in the Gazette, the Pradeshiya Sabha shall cause to be published a notice in the prescribed manner setting out a list of all such roads and paths as set out in the notice published under subsection (1)

(4) Where a final determination has been made on any action instituted as required by subsection (2) after the publication of the notice under subsection (3), the pradeshiya Sabha shall cause a notice, to be published in the prescribed manner, setting out a supplementary list of such roads and paths or portions of roads and paths. Before the publication of this notice the necessary alterations shall be made in the demarcation of the limits of the roads and paths and in the plans on the basis of the final determination made in respect of any action instituted as required by subsection (2).

(5) Upon the publication of such notice under subsection (3) or (4), all such roads and paths or portions of such roads and paths as defined in such notices and depicted by such plans shall be deemed to be vested in the Pradeshiya Sabha.

(6) Whenever any road or path or any portion of any road or path vested in a Pradeshiya Sabha ceases to be used as a road or path the Pradeshiya Sabha shall publish an amendment to the notice under subsection (3) or (4).

(a) layout and construct new roads, streets, bridges, tunnels or other thoroughfares;

(b) widen, open, enlarge or otherwise improve or turn, divert, discontinue, or stop up, whether in whole or in part, any public street or thoroughfare, not being a principal thoroughfare, and with the sanction of the Minister in charge of the subject of highways, any principal thorough of are, making due compensation to the owner or occupier of any property required for such purposes, or any person whose legal rights are thereby infringed.

(1) If in connection with the turning, diversion, widening, opening, enlargement, Or improvement of any thoroughfare it becomes necessary for any Pradeshiya Sabha to take possession, for public use, of the land of any person, it shall be lawful for such Pradeshiya Sabha 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 thoroughfare, 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 Pradeshiya Sabha in pursuance of any agreement under subsection (1) shall vest in the Pradeshiya Sabha without any formal transfer thereof, and the certificate of the Chairman that an person has been allowed by the Pradeshiya Sabha to possess any part of the ground of any former road or any land given in exchange under subsection (1), together with a survey thereof, shall be sufficient proof of the right of such person to such ground or land.

(3) Where a Pradeshiya Sabha cannot agree with the owner of any land as to the compensation to be paid under subsection (1), or where such owner cannot be round, or where the Pradeshiya Sabha 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 to the owner, in the manner prescribed by section 128.

(4) Every agreement under subsection (1) shall be in writing, and 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 water the streets;

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

(c) to paint up the names of streets and the numbers of houses or tenements on any private property;

(d) to shut up and secure deserted houses;

(e) to recover in the manner hereinafter provided, the expenses incurred by any. action taken under paragraphs (b) and (d) hereof- from the person whose act or’ neglect shall have rendered such action necessary.

(a) to make and erect temporary buildings and any land adjacent or near thereto 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 land near or adjacent thereto, and to continue so to keep the animals on such lands for such time as may be necessary:

(1) It shall not be lawful for any person to commence any building. boundary wall, gateway or fence along any thoroughfare within to limits of any Pradeshiya Sabha or to erect any temporary fence or enclosure on any such thoroughfare for the purpose of commencing or repairing any such building, boundary wall or gateway without giving one calendar month’s previous notice in writing to the Pradeshiya Sabha.

(2) Any person neglecting to give the notice prescribed by subsection (1) or to remove any building, boundary wall, gateway or fence erected without such notice when he is required in writing to do so by the Pradeshiya Sabha under this sub-section, shall be guilty of an offence, punishable with a not exceeding hay rupees, and with a further fine not exceeding twenty rupees for each day he suffers or allows such building, boundary wall, gateway or fence to remain after he is required to remove as aforesaid.

(3) It shall be lawful for the Pradeshiya Sabha to remove or cause to be removed any building, boundary wall, gateway, fence or enclosure, commenced or erected without the notice prescribed by subsection (1) and to recover the costs of such removal in the manner provided in section 59 for the recovery of the costs therein mentioned.

(4) Nothing herein contained shall .be deemed to deprive my Pradeshiya Sabha of the power, hereinafter conferred on such Pradeshiya Sabha, of removing any such building, boundary wall. gateway, fence, or enclosure, which may subsequently be discovered to be an encroachment on a thoroughfare., notwithstanding that no proceedings may have been taken by the Pradeshiya Sabha on the notice given in respect of such building, boundary wall, gateway, fence or enclosure under subsection (1).

(1) Nothing contained in section 47 shall be construed to prevent any public officer, duly authorized in that behalf, from making temporary use of any part of any thoroughfare for the public service, or to prevent the Pradeshiya Sabha from granting a licence to the inhabitants of the Pradeshiya Sabha area for the erection of temporary fences and enclosures on any thoroughfare, in connection with the building, pulling down, or referring of their houses and other buildings, or for temporary decorations within that area on such terms and conditions as the Pradeshiya Sabha may deem proper, including conditions as to-

(2) Every holder of a licence granted under subsection (1) who commits a breach of any of the conditions of such licence and every person who removed or extinguished any light placed and kept in accordance with the requirement of the conditions of such licence, shall be guilty of an offence, punishable with a fine not exceeding ten rupees.

(a) to erect any building, boundary wall or gateway within a limit (hereinafter referred to as the “building limit”) of twenty-five feet from the centre of any road which is used or intended for vehicular traffic within limits of any Pradeshiya Sabha and in respect of which street lines providing for a roadway exceeding fifty feet in width have not been defined under this Act or the Housing and Town Improvement Ordinance:

Provided, however, that the Pradeshiya Sabha, shall have power to authorize the erection of a boundary wall or gateway on condition that the owners of the premises shall execute an undertaking that no compensation shall be payable in respect of such boundary wall or gateway in the event of the land on which such wall or gateway is situated being required for a public purposes; or

(b) except under the authority of a licence granted by the Pradeshiya Sabha to re-erect or to ma e any addition to any such building, boundary wall or gateway within such limit:

Provided always that nothing contained in this subsection shall apply to any repairs effected in any building. boundary wall or gateway existing at the date of the constitution of the Pradeshiya Sabha or in the case of

For the purpose of the foregoing provisions of this subsection, “repairs” shall not be deemed to include any work of re-erection or re-construction or the addition of any new part.

(1) It shall be the duty of every Pradeshiya Sabha, within three years after the date of the constitution thereof or within such further period as may in the special circumstances of any case be allowed by the Minister or upon the directions of the Minister, and within such period of time if any, which he may allow

(2) The value of any building, boundary wall or gateway shall, for the purposes of subsection (1)

(3) In determining the value of any building, boundary wall or gateway or any part thereof for the purposes of subsection (2), the following principles shall be followed :

(4) Every award or agreement made or entered into, a!; the case may be, under subsection (2) in respect of the value of any building, boundary wall or gateway or part thereof, shall specify the particular paragraph or paragraphs of subsection (3) in accordance with which the value aforesaid was fixed or determined.

(5) The value of each building, boundary wall or gateway or part thereof situate within a building limit, fixed or determined as provided in subsection (2) shall be recorded in the office of the Pradeshiya Sabha together with all agreements or awards by which the value so recorded may be verified.

(6) For the purpose of demarcating the building limit of any roan it shall be lawful for any officer, servant or workman of the Pradeshiya Sabha, to enter upon any private land, adjoining the road and to erect permanent marks at convenient places, taking all such precautions as may be necessary to ensure that as little damage as possible is caused to the land compensation shall be paid by the Pradeshiya Sabha for any damage so occasional.

(7) Where the building limit of any road ha. been demarcated under this section, nothing in any of the of the provisions of this Act shall be deemed to preclude the Pradeshiya Sabha, from letting or leasing any part of the road not included within such building limit for the purpose of affording; blinding facilities along the road, or from using or permitting the of any such part for any public prior permitting the use of any such part for any public purpose.

(8) Nothing in this section shall apply to, or in the case of any road in respect of which street lines providing for a roadway exceeding fifty feet in width have been defined under this Act or the Housing and Town Improvement Ordinance or any other law.

(1) It shall be a condition of any licence granted by a Pradeshiya Sabha under section 49 for the re-erection of or for any addition to any building, boundary wall or gateway within the building limit of any road that in the event of the land on which the building. boundary wan or gateway is situated being acquired at any time thereafter for the purpose of the widening of the road. the completion payable in respect of such building, boundary wall or gateway shall be determined in accordance with the provisions of section 53.

(2)

(3) Subject to the condition referred to in subsection (2) any person who is otherwise entitled to re-erect for make any addition to any building, bound:-try wall of gateway shall be entitled to a licence to re-erect or make such addition to such building. boundary wan or gateway within the building limit specified in section 49 :

Provided that no part of the building, boundary wall or gateway so re-erected or added to shall, upon such re-erection or addition, extend nearer to the centre of the road than it so extended in its original condition.

(4) The expression “re-erect”, with reference to a building, includes the restoration of any wall forming part oaf the building or of any support to the building which has been demolished or otherwise destroyed to or within a distance of five feet from the ground, but does not include any operation, which, in the opinion of the Pradeshiya Sabha may reasonably be considered to be a repair to the wall or support.

(1) Where any ]and which is situated within the building limit demarcated On a road, and which has been developed by the erection of any building wholly or partly within that building limit is acquired for the purposes of the widening of that road, the determination or the compensation payable in such case under the Land Acquisition Act shall be subject to the following special provisions notwithstanding anything to the contrary contained in that Act

(2) In any case referred to in paragraph (c) (ii) of subsection (1), the owner shall have the option of requiring the Pradeshiya Sabha to acquire the entirety of his premises at the rate at which the portion which the Pradeshiya Sabha originally proposed to acquire, was valued under that paragraph.

(1) Whenever it appears to any Pradeshiya Sabha that any building, enclosure, or obstruction has been raised or made in any thoroughfare under the control of the Pradeshiya Sabha, or on any waste or other land immediately adjoining such road and belonging to the State, it shall be lawful for the Pradeshiya Sabha by written notice served on the person claiming to be the owner of the premises on which such building, enclosure, or obstruction has been raised ‘Or made, to demand the production of every deed, document and instruments upon which such person found 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 five hundred rupees.

(1) Every deed, document or instrument the production of which is demanded by a Pradeshiya Sabha under section 55 shall be produced an the premises to which it relates, or at such other place as the Pradeshiya Sabha 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 any person authorized by the Pradeshiya Sabha 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 five hundred rupees.

(1) “Whenever it appears to any Pradeshiya Sabha that the line of any thoroughfare under the control of the Pradeshiya Sabha has been altered without proper authority, or has been stopped up, or obstructed, or encroached upon, the Pradeshiya Sabha shall give notice in writing to the occupier of the land from off which the- thoroughfare 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 the direction of the Pradeshiya Sabha, 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 LU any such obstruction or encroachment, the Pradeshiya Sabha wm proceed with the removal thereof in manner provided by section 59.

(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 Pradeshiya Sabha to cause any such obstruction or encroachment to be forthwith removed as provided by section 59.

(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 thoroughfare 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 De lawful for any Pradeshiya Sabha through any person authorized by the Pradeshiya Sabha in that behalf, to give orders verbally or by notice in writing, to any person obstructing or encroaching upon any thoroughfare under the control of the Pradeshiya Sabha 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 affixed for a reasonable time to such obstruction or encroachment, it shall be lawful for the Pradeshiya Sabha 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 Pradeshiya Sabha, or any person authorized in writing by the Pradeshiya Sabha to enter into any houses garden, enclosure, 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 by the Pradeshiya Sabha in the removal or abatement of any obstruction or encroachment shall be payable by the person whose failure to comply with an 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 Chairman of the Pradeshiya Sabha 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 pa d by the Court into the Pradeshiya Fund.

(4) Where the removal or abatement of any obstruction or encroachment is effected after the due production of all deeds, documents, and instruments effecting 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 Pradeshiya Sabha for all loss and injury occasioned thereby; but if the party claming to be the owner of such premises shall refuse or neglect to produce all such deeds, documents and instruments, of if such deeds, documents and instruments shall not be produced within ten. days after application in that behalf, and any such pradeshiya Sabha shall nevertheless have caused the removal of such building, enclosure, 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.

(i) 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 thoroughfare, or erected at or near any pit or quarry opened or used for getting road materials; or

(ii) 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 thoroughfare for the temporary prevention of the use thereof, or for preventing danger or injury to persons passing along the same whilst undergoing repair;

(iii) without the permission of a competent authority gathers or heaps-up, or takes away, any stones, gravel, sand, or other material or any clutch dirt drift, or soil from any thoroughfare;

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

(v) being the owner or occupier of any land contiguous to any thoroughfares suffers the passage through or into his land of the water from such road, 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 thoroughfares, or suffers any accumulation of dirt of rubbish in any drain opposite to his house or land to impede the flow of water;

(vi) without the previous consent of the Pradeshiya Sabha, by any act on his land interferes with the free passage of water along or from any dram or culvert of any thoroughfares;

(vii) hauls or draws upon any thoroughfare 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 thoroughfare to the damage thereof;

(viii) 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 thoroughfare;

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

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

(1) It shall be the duty of every person who proposes to undertake any operations for clearing, draining, or opening up any land in the vicinity of any thoroughfare as are likely to cause injury to the thoroughfare, or to impair the condition thereof by reason of any outflow or increased outflow or 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 compliance with the requirements thereof, shall be responsible for any damage occasioned by such operations, and for any expenses incurred by the Pradeshiya Sabha 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 damages or expense may be recovered in the manner provided in section 59 for the recovery of the costs therein mentioned.

(1) Every person who within the limits of Pradeshiya Sabha turns loose or suffers to be turned loose any elephant, ox, buffalo, horse, sheep, goat or other animal on to or into any thoroughfare, or so that it makes its way on to or into any thoroughfare; 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 thoroughfare, unless such animal is tied or tethered during the time required for 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 five hundred rupees:

Provided that where any such animal is found on or in any thoroughfare, or tied or tethered in such a way that it can make its way on to or into any thoroughfare, 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 road or canal within the limits of a Pradesiya Sabha shall be guilty of an offence and 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 fined tied, straying, burrowing, or wallowing in any such road or canal; and such person may, if he chooses take such pig to any peace officer or police officer, and such officer shall forthwith sell the pig, and pay the proceeds of such sale to such person.

(3) Every person who within the limits of a Pradeshiya Sabha area

(4) Every person who within the limits of a Pradeshiya Sabha area 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 to a fine not exceeding five hundred rupees. It shall be lawful for the Pradeshiya Sabha to cause any such kraal, fence, or obstruction so placed or continued, to be pulled up or otherwise destroyed, and to recover the cost thereof in the manner provided in section 59 for the recovery of the costs therein mentioned.

(1) It shall be lawful for any person, thereto authorized by the Chairman of the Pradeshiya Sabha, to seize any ox, buffalo, horse, sheep, goat or pig which he may find tied, tethered or straying on or about any thoroughfare within the limits of the Pradeshiya Sabha 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 Pradeshiya Sabha for the purpose.

(2) No animal seized under subsection (1) shall be delivered to the owner thereof unless upon payment of such sum as the Pradeshiya Sabha may by resolution fix, from time to time, for the use of the person by whom the animal may have been seized, and of such further sum as the Pradeshiya Sabha 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 Pradeshiya Sabha to sell it by public auction, and after payment of such sum as the Pradeshiya Sabha may by resolution fix from time to time to the person by whom the animal was seized, and of a sum calculated at such rate per day as the Pradeshiya Sabha may by resolution fix from time to time for the custody and maintenance of the animal in the pound, to keep any balance of the proceeds of such sale in deposit and if such balance is not claimed and 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 Pradeshiya Sabha Fund.

(4) The provisions of this section shall have effect in every Pradeshiya Sabha area to which this Act applies. notwithstanding anything contained in the Animals Act, No. 29 of 1958.

(1) For the purpose of any agreement referred to in section 68 and for the purpose of securing the observance of the respective rights and obligations of the public, the Pradeshiya Sabha and the promoters in connection with any public service or any private enterprise or object to which the agreement relates, the Pradeshiya Sabha (exception so far as provision is made by any special enactment in that behalf) may make by-laws

(2) No by-law under this section shall authorize or empower any entry to do 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 Pradeshiya Sabha without the consent of the owners and occupiers thereof first had and obtained.

(1) Where it appears to any Pradeshiya Sabha that, having regard to the average expense of maintaining thoroughfares in the neighbourhood, extraordinary expenses may have been incurred by the Pradeshiya Sabha in maintaining any thoroughfares of which it has control, by reason of the damage caused or likely to be caused by the carnage of any excessive weight or the passing of any extraordinary traffic thereon, the Pradeshiya Sabha 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 Pradeshiya Sabha by person of the do age arising 01′ 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 e recoverable by a Pradeshiya Sabha under this section may enter into an agreement with the Pradeshiya Sabha for making payment to the Pradeshiya Sabha by way of compensation ill 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 main abed against such person.

(3) Proceedings for the recovery of any expenses under this section shall be commenced within twelve months of 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.

(1) Subject to the powers and responsibilities by law committed to any other authority, the Pradeshiya Sabha mall be the general administrative authority for the purpose of promoting and securing the public health within it limits and shall for that purpose be entitled to exercise 11 such powers as are vested in it by this Act, the Nuisances Ordinance, the Housing and Town Improvement Ordinance, and any other written law for the time being in force in that behalf

(2) The Pradeshiya Sabha shall, in the exercise, discharge and performance of the powers, duties and function vested in, assigned to or imposed on the Pradeshiya Sabha by or under this Act in matters relating to public health, ad in consultation with the Medical Officer of Health within its limits, It shall be the duty of the Medical Officer of Health to advise the Pradeshiya Sabha in as such matters and to supervise and direct the carrying out in that area of measures relating to public health.

(1) The Pradeshiya Sabha 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 as 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 Pradeshiya Sabha shall with due diligence provide an effective substitute therefor.

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

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

(1) Every private drain within the limits of any Pradeshiya Sabha shall be under the survey and control of the Pradeshiya Sabha of that area, and shall be constructed, altered, repaired, or kept in proper order as the Pradeshiya Sabha may require, at the cost and charges of the owners of the land or building to which such drain belongs or for the use of which it is constructed.

(2) If the owner of any land or building to which any such drain belongs neglects during eight days after the service of a written notice in that behalf by the Pradeshiya Sabha, to alter, repair, or put the drain in good order in such manner as may be specified in the notice, the Pradeshiya Sabha may cause such drain to be altered. Repaired or put in good order in the manner required and the expenses incurred therein by the Pradeshiya Sabha shall he paid by the owner and shall be recoverable as hereinafter provided.

(a) to take effective measures to secure that adequate and proper latrine accommodation is provided for all houses, buildings and lands within such area;

(b) to provide such public latrine accommodation as is necessary at all places of public resort within its limits; and

(c) to ensure that all latrine accommodation both public and private within its limits is maintained in proper order and condition.

(1) In any case where the Pradeshiya Sabha is of opinion that any latrine, water-closet or bathroom, or additional latrine, water-closet or bathroom should be attached to, or provided for, any house or building or land, the Pradeshiya Sabha. 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 CD-use such latrine, water-closet or bathroom to be constructed in accordance with the requirements contained in such notice.

(2) Every owner who fails or neglects to comply with the requirements bf 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 two hundred and fifty rupees.

(1) The Pradeshiya Sabha 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 (1) fails or neglects to provide and maintain such latrines, water-closets, and urinals or to maintain the same in a sanitary condition or in proper order, the Pradeshiya Sabha may cause such latrines, water-closets and urinals to be constructed or to be maintained in a sanitary condition or in proper order, and that expenses incurred by the Pradeshiya Sabha 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 and fifty rupees.

(1) The owner or occupier of any house or building or land on which a latrine is situated shall have such latrine shut out by a sufficient roof and a wall or fence from the view of persons residing in the neighbourhood or’ passing by, and it shall not be lawful for any such owner or occupier to keep any open latrine or a latrine with a door or trap door opening on to any street.

(2) The owner or occupier of any house or building or land who fails to comply with, or shall commit any breach of, any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of fifty rupees for each day during which such breach is continued:

Provided that the Pradeshiya Sabha may in its discretion permit the continuance for such time as it may think fit of any open latrine or any latrine with a door or a trap door opening on to any street in any case where such latrine Q]ready exists and does not create a nuisance.

(1) All latrines and cesspits within the limits of any Pradeshiya Sabha shall be under the survey and control of the Pradeshiya Sabha and shall be altered, repaired, or kept in proper order or any latrine may be converted to a water sealed latrine, as the Pradeshiya Sabha may require, at the ‘cost and charges of the respective owners of the houses, buildings or lands to which the latrines belong, or for the use of which they are constructed or maintained.

(2) If the owner of any house, building, or land to which any latrine or cesspit belongs. neglects during one month after service of notice in writing for that purpose by the Pradeshiya Sabha, or within such other period as may be prescribed by the notice, to alter, repair, and put the latrine or cesspit in good order in the manner required by the Pradeshiya Sabha or to convert such latrine to a water sealed latrine, the Pradeshiya Sabha may cause such latrine or cesspit to be altered, repaired or put in good order in the manner required or such latrine to be converted to a water sealed latrine and the expenses incurred by the Pradeshiya Sabha in respect thereof shall be paid by the owner, and shall be recoverable as hereinafter provided.

(a) constructs any latrine or cesspit contrary to the directions of the Pradeshiya Sabha or contrary to the provisions of this Act, or any by-law made thereunder; or

(b) continues the use of any latrine or cesspit which has been ordered by the Pradeshiya Sabha to be removed or closed;

(1) The Pradeshiya Sabha or any officer authorized by the Pradeshiya Sabha for that purpose may, subject to the other provisions ‘of this Act, inspect any latrine or cesspit within its limits, and may for that purpose at any time enter upon any house, building or land, with such assistants and workmen as are necessary, and cause the ground to be opened, where such Pradeshiya Sabha or officer may think fit, doing as little damage as may be.

(2) If upon any inspection under subsection (1) it appears that any latrine or cesspit is not in good order and condition, or that it has been constructed after the date of the constitution of the Pradeshiya Sabha in any manner contravening the provisions of this Act or the by-laws made thereunder or contrary to the direction of the Pradeshiya Sabha, the expenses of such inspection shall be paid by the person to whom such latrine Or cesspit belongs, and shall be recoverable as hereinafter provided.

(3) If any latrine or cesspit is found to be in proper order and condition, and not to have been constructed in contravention of the provisions of this Act or the by-laws made thereunder or the directions of the Pradeshiya Sabha, the Pradeshiya Sabha or the authorized officer of the Pradeshiya Sabha shall cause the ground to be closed and made good as soon as may be and the expenses incurred thereby shall in that case be defrayed by the Pradeshiya Sabha.

(1) The Pradeshiya Sabha or any officer authorized by the Pradeshiya Sabha for that purpose may by written notice require the owner or occupier of any house or buildings or land within the limits of a Pradeshiya Sabha on which is situated a latrine or cesspit which, in the opinion of the Pradeshiya Sabha or the officer, is structurally defective or unsuitable for the -purpose to which it is put, or is liable to give rise to a nuisance, to repair, alter, reconstruct or remove the latrine or cesspit, or to substitute an earth-closet therefor.

(2) If any owner or occupier neglects for a period of one month after service of notice in that behalf under subsection (1), or within such other period as may be specified in the notice to repair, alter, reconstruct or remove the latrine or cesspit to which the notice relates, or to substitute an earth-closet therefor, he shall be guilty of an offence punishable with a fine not exceeding five hundred rupees.

(3) The Pradeshiya Sabha or the authorized officer may cause the latrine or cesspit referred to in subsection (2) to be repaired, altered, re-constructed-, or to be removed at d an earth-closet to be substituted therefor, and the e expenses incurred by the Pradeshiya Sabha or the officer in respect thereof shall be paid by the owner, and shall be recoverable as hereinafter provided.

(a) for properly sweeping and cleaning 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 cleaning and 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) Whenever the Pradeshiya Sabha is satisfied that any building or block of buildings are by reason of the concurrence 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 Pradeshiya Sabha 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 Pradeshiya Sabha 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 Pradeshiya Sabha in that behalf may cause the building to be taken down, or such operational to be performed in respect thereof, as the Pradeshiya Sabha may deem necessary to prevent such risk.

(3) Where any buildings are taken down under subsection (2) the Pradeshiya Sabha or the authorized officer shall cause me 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 Pradeshiya Sabha until the person entitled thereto obtains the order of a competent court for the payment of such proceeds.

(1) Where within the limits of any . Pradeshiya Sabha any private tank or low marshy ground or any waste stagnant water, situated on any private land, appears to the Pradeshiya Sabha to be injurious to health or to be offensive to the neighbourhood, the Pradeshiya Sabha shall, by notice in wringing, 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 Chairman, or the officers and workmen of the Pradeshiya Sabha may enter into the land and do an necessary acts for all of 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 cased 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 Pradeshiya Sabha having regard to the interests of such person in such land.

(1) No place within the limits of any Pradeshiya Sabha other than a place provided by the Pradeshiya Sabha shall be used as a slaughter house, unless a licence for the use thereof as a slaughter house has been obtained from the Chairman of the Pradeshiya Sabha, who is hereby empowered to grant such licence and to suspend or revoke such licence as to him may seem necessary.

(2) Every person who uses as a slaughter house any place (other than a place provided by the. Pradeshiya Sabha) which is not licensed under subsection (1), or in respect of which any licence given has been suspended or revoked, shall be guilty the an offence punishable with a fine not exceeding six hundred rupees and a further fine not exceeding five hundred rupees for every day during which such offence is continued after notice has been served upon him by the Chairman requiring him to discontinue the use of such slaughter house.

(1) The Pradeshiya Sabha 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 ail other acts which may in any manner pollute or 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 in the Sinhala, Tamil and English languages and in at least one Sinhala, one Tamil and one English newspaper.

(2) Every person who bathes, washes, or does any act contrary to subsection (1) shall, be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees.

(1) Any person who, within the Pradeshiya Sabha area, operates or causes to be operated any factory which causes pollution so as to endanger or prejudice the health of the neighbourhood shall be guilty of an offence.

(2) Where a Magistrate after summary trial convicts a person of an offence under subsection (1) he shall, depending on the degree of pollution caused by such factory make order-

(1) Where in any Pradeshiya Sabha 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 if any building, or to the safety of passers-by along any public thoroughfare, the Chairman of the Pradeshiya Sabha of such area 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.

(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 Chairman, or any officer or workman authorized in writing in that. behalf by the Chairman, 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 Pradeshiya Sabha.

For the purposes of section 104, section 105 and section 106 pollution” means any direct or indirect alteration of the physical, thermal, chemical, biological or radioactive properties of any part of the environment by discharging, emitting or depositing wastes so as to effect any beneficial use adversely or to cause a condition which is hazardous or potentially hazardous to public health, safety or welfare or to animals, birds, wildlife, fish or aquatic life, or to plants of every description.

(a) water supply;

(b) the lighting of streets, public places and public: buildings;

(c) the supply of electricity or power;

(d) markets;

(e) rest houses;

(f) public baths and bathing places;

(g) the manufacture and supply at cost price of squatting plates for latrines;

(h) the provision of housing accommodation for the poorer classes;

(i) any other form of public service which the Pradeshiya Sabha is authorized to establish,. maintain or provide under any other provision of this Act, or under any other written law.

(a) provide for any expense involved out of the revenue of the Pradeshiya Sabha; or

(b) subject to the sanction of the Minister, levy a special rate upon the area benefited by such service, subject to such limits and exemptions as may be prescribed by by-laws; or

(c) contract with the owners or occupiers of premises benefited by such service for the supply of the service, and charge and enforce such rates in respect of such service as may be prescribed by laws ; or

(d) charge such fees as it may deem reasonable from persons deriving benefit from such service; or

(e) where any such public service is establish and maintained through any promoter or body of promoters, in pursuance of any a relent made with the Pradeshiya Sabha or under any licence issued by the Pradeshiya Sabha, authorize such promoter or promoters to charge such fees as may be approved by the Pradeshiya Sabha from persons deriving benefit from such service.

(1) Where any land or building, which is situated within the limits of any Pradeshiya Sabha area and is the property of the State, is occupied or held by any person under any lease or permit granted by the State, such land or building shall be liable to be. assessed in respect of any special rate improved under section 109 and such person shall be liable to pay and shall pay the special rate leviable in respect of the land or building.

(2) No property of the State whether movable or immovable, shall be liable to be seized Or sold for the recovery of any special rate which may be due from any person occupying or holding that property under any agreement, contract or permit, whether expressed or implied, with or from the State.

(a) every licence for a private fair granted on or after such date as the Minister may appoint by Order published in the Gazette shall be upon the condition that should the Pradeshiya Sabha at any time decide that it is in the public interest to establish a village fair in place of such private fair, the authority empowered in that behalf may refuse to renew the licence of such private fair, and that the owner of such private. fair shall not be entitled to any compensation in respect of such refusal;

(b) the authority empowered in that behalf may, on or after the date appointed under paragraph (a) of this section, refuse to issue or renew a licence for a private fair, if he is satisfied that the wants of the area are sufficiently provided for by the village and private fairs already in existence or in contemplation.

(1) Where a Pradeshiya Sabha is satisfied that it is in the public interest that any private fair should be either

the Pradeshiya Sabha may either direct the discontinuance of such fair, or may take it over and maintain it as a public fair subject in either case to the payment of compensation in accordance with the provisions of this section.

(2) Where any private fair is directed by Pradeshiya Sabha to be discontinued. the compensation payable. unless otherwise settled by agreement, shall be the difference between the value of the premises if used as a fair under this Act, and the value of the same premises if used, not as a fair but for any other purpose to which similar premises in the same locality are or might he put to the best advantage, together with an allowance in respect of the cost of adapting for any such purpose the buildings used for the fair.

(3) Where any private fair is taken over by a Pradeshiya Sabha to be maintained as a public fair, the compensation payable shall be the value of the premises when used as a private fair under this Act.

(4) In estimating value of the premises used as a fair under this Act, regard shall be had to the depreciation likely to occur in the value of such premises in the event of a public fair or a new private fair being established in the same neighborhood.

(1) Every Pradeshiya Sabha shall have power to make from time to time such by-laws, not inconsistent with the provisions of this Act, as may be ,authorized or required by this Act. or may appear to the Pradeshiya Sabha to be necessary for the purposes of the exercise of its powers and the discharge of its duties under this Act, and to amend vary or rescind any by-laws so made.

(2) A by-law made by any Pradeshiya Sabha may provide the penalty of a fine for any contravention thereof, such fine not exceeding seven hundred and fifty rupees for anyone act or commission constituting such contravention, and in the case of a continuing contravention, an additional fine not exceeding two hundred and fifty rupees for every day during which the contravention is continued after a conviction thereof by a court of competent jurisdiction or after service of a written notice from the Chairman or other authorized officer directing attention to such contravention.

(3)

(1) No by-law and no amendment, variation or recession of any by-Jaw under this Act shall have effect until it has been approved by the Minister, and notification of such approval is published in the Gazette.

(2) Every by-law made under this Act shall be published in the Gazette with the notification required by subsection (1).

(i) meetings and procedure, including

(ii) officers and servants, including

(iii) taxation including the recovery of any tax payable under this Act, for which no other express provision is made and the rendering of all returns and information that may be required for the purpose of any such tax;

(iv) loans, including

(v) the imposition, levy and recovery of rates and charges including.

(vi) land and property, including

(vii) roads and thoroughfares including

Provided that the provisions of this sub-paragraph shall not apply in respect of the motor vehicles of the Sri Lanka Transport Board;

(viii) buildings, building including

(ix) public health and amenities, including

(x) itinerant vendors, including

(xi) animals, including

(xii) public or private markets and fairs, including-

(xiii) water supply and waterworks including

(xiv) public services, including all matters necessary for their establishment, maintenance, working and supply, for the imposition and recovery of charges in connection therewith, and for their protection against damage and against competition;

(xv) the measure of dimension of bread, and the regulation of its manufacture and quality;

(xvi) the regulation of weights and measures;

(xvii) the prevention of accidents connected with toddy drawing, for the periodical inspection of the ropes and other appliances used for that purpose;

(xviii) the prevention of accidents caused by the setting of spring guns and traps;

(xix) the fencing of wells and pits ;

(xx) the prevention of gambling and cock fighting and of cart racing on public paths or roads;

(xxi) the prevention of disorderly conduct, or loitering in public paths or roads or public places, and of the use of abusive language;

(xxii) the prevention of the sale to boys under sixteen years of ago or to females, of any description of spirits or other intoxicating liquor or toddy drawn ‘from any species of palm or the fermented juice of the sugar cane;

(xxiii) the regulation, supervision, inspection and control of hairdressing saloons and barbers’ shops;

(xxiv) the regulation, supervision, inspection and control of billiard saloons;

(xxv) the regulation, supervision, inspection and control of forges;

(xxvi) the removal of obstructions to coastal fishermen;;

(xxvii) welfare facilities for fishermen;

(xxviii) the licensing of persons as brokers;

(xxix) the licensing of persons carrying on the business of money lending;

(xxx) the regulation and control of advertisements displayed or exhibited so as to be visible from any thoroughfare and the charging of fees in respect of advertisements so displayed or exhibited.

(1) Every Pradeshiya Sabha shall for its general financial purposes establish a Pradeshiya Sabha Fund.

(2) There shall be payable into the Pradeshiya Sabha Fund

(a) all expenses incurred by the Pradeshiya Sabha in the exercise of its powers and the performance and discharge of its duties and functions under this Act or any other enactment or any by-law or rule made there under;

(b) all sums payable by the Pradeshiya Sabha in respect of any liability under the Workmen’s Compensation Ordinance;

(c) all sums payable by the Pradeshiya Sabha as premium for the insurance of any property belonging to or vested in each Pradeshiya Sabha, or for insurance against any liability that may be incurred by such Pradeshiya Sabha under the Workmen’s Compensation Ordinance;

(d) all sums which the Pradeshiya Sabha may decide to award by way of ex gratia payments to any persons or the dependants of any person (other than servants of he Pradeshiya Sabha who receive injuries or sustain any other damage or ale killed in circumstances which, being due to an occident or to a defect in any machinery, plant or equipment used by the Pradeshiya Sabha or to the authorized or unlawful interference of a third party, are only indirectly attributable to the exercise of any of the powers vested in the Pradeshiya Sabha or its officers or servants by or under this Act or any other written law;

(e) all sums received by the Pradeshiya Sabha, which the Sabha is authored or required by any written law to refund to the persons by whom they were paid;

(f) all expenses incurred by the Pradeshiya Sabha by rain, floods, tire gales, earthquake, famine or epidemics as may be approved by the Minister;

(g) all expenses incurred by the Pradeshiya Sabha in the maintenance of a fire brigade and the protection of life and property from fire;

(h) all expenses incurred by the Pradeshiya Sabha in the establishment and maintenance of any form of public service which the Pradeshiya Sabha is authorized to establish maintain or provide by or under this Act or any other written law ;

(i) all contributions voted by the Pradeshiya Sabha, subject to such limits as may be prescribed for the welfare of the servants of the Pradeshiya Sabha or for any fund or scheme constituted or established for the purpose of granting relief or assistance to officers or servants d the Pradeshiya Sabha in cases of sickness, indebtedness or distress;

(j) such expenses not exceeding in the aggregate one thousand rupees in any year as may be incurred by the Pradeshiya Sabha, and such other expenses as may be incurred by the Pradeshiya Sabha with the prior sanction in writing of the Minister in connection with civic receptions or the celebration or observance of any events or occasions of public interest or any religious, charitable, cultural, health. recreational or educational purposes;

(k) such contributions not exceeding in the aggregate one thousand rupee h any year as may be voted by the Pradeshiya Sabha, and such other contributions as may be voted by the Sabha with the prior sanction in writing of the Minister towards the cost of public entertainments or recreations or towards the support of any libraries or any educational, scientific, charitable or benevolent institutions;

(l) all sums payable by the Pradeshiya Sabha in respect of subsistence and travelling allowances to the Chairman, Vice-Chairman, members, officers and servants of the Pradeshiya Sabha by way of reimbursement of expenses incurred by them in the performance of their duties;

(m) all such contributions, as may be approved by the Minister, towards the cost of any association of local authorities for the promotion, organization or establishment of Local Government;

(n) all sums voted by the Pradeshiya Sabha to meet the travelling expenses of members or officers of the Sabha attending any meeting or conference of members or officers of local authorities far the Consideration of matters relating to Local Government,

(nn) all expenses incurred by the Pradeshiya Sabha in the installation and maintenance, of official telephone facilities at the residences of the Chairman and the Vice-Chairman ;

(o) all expenses incurred by or on behalf of tile Secretary of the Pradeshiya Sabha in the exercise of any powers and the performance of any duty imposed upon him by this Act or any other written law;

(p) all expenses incurred by the Pradeshiya Sabha or by the Chairman or the Secretary or any other officer of the Pradeshiya Sabha on behalf of the Pradeshiya Sabha in the exercise of its powers and the discharge of its functions and duties under this Act Or other written law or any by-law, rule or regulation, made the under; and

(q) all sums which are required or authorized to be paid out of the Pradeshiya Sabha Fund, by or under, this Act or any other written law.

(1) Every Pradeshiya Sabha may, subject to the approval of the Minister, impose and levy a rate on the annual value of any immovable property or any species of immovable property situated in localities declared by the Pradeshiya Sabha, with the approval of the Assistant Commissioner to be built up localities.

(2) The Pradeshiya Sabha may impose different rates fur different built-up localities or parts thereof, having regard to the level of development of such localities or such parts, as the case may be.

(3) The Pradeshiya Sabha may, subject to the approval of the Minister, impose and levy an acreage tax not exceeding the rates set out below, on each hectare of land situated within the limits of any Pradeshiya Sabha and which is under permanent of regular cultivation of any kind:

Provided that the Pradeshiya Sabha shall not impose an acreage tax on any divided portion of land duly defined and by Order published in the Gazette to be a special area extent unless it is situated In an area declared by the Minister by order published in the Gazette to be a special area for the purpose of the imposition and levy of that tax :

Provided, further, that the Pradeshiya Sabha shall not impose an acreage tax on any land which is situated in localities which are declared to be built-up localities for the imposition of a rate.

(4) Where a building is used wholly or mainly for purposes connected with or incidental to the cultivation of the land on which it is situated, Or for residential purposes by any person or persons engaged in the cultivation of that land, and an acreage tax is levied and paid on that land no rate shall be recovered on that building notwithstanding that it is situated within a built-up locality.

(5) Where the Pradeshiya Sabha in imposing any rate for any year under subsection (1) or an acreage tax under subsection (3) resolves to levy without alteration the same rate as was in force during the preceding year the approval of the Minister shall not be required for the imposition and levy of such rate or acreage tax.

(6) Such rate or acreage tax under this section shall be payable by such installments and at such times as the Pradeshiya Sabha may direct.

(7) Every Pradeshiya Sabha shall allow a discount of ten per centum of the amount of any annual rate or acreage tax if such rate or tax is paid on or before the thirty-first day off January of that year or where such rate or tax is payable in installments, a Pradeshiya Sabha shall allow a discount of five per centum of the amount of the installment of such rate or tax due if such amount is paid within the first one month of the period for which the instalment of such rate or tax is due.

(a) all lands or buildings wholly or mainly made for the purpose of public religious worship including any such buildings and the land appurtenant thereto set apart as the dwelling of the incumbent of such place of public religious worship;

(b) all lands or buildings wholly or mainly used for cultural, social, religious or charitable purposes approved or recognized by a Government department and where such lands or buildings are owned by such institutions;

(c) all lands or buildings wholly or mainly used by non-fee levying educational institutions of to which grants from State funds are paid or to which such grants were earlier paid but at present are not paid;

(d) all burial and cremation grounds proclaimed or registered under the Cemeteries and Burial Grounds Ordinance;

(e) all properties that are specially exempt by’ a resolution of the Pradeshiya Sabha on the ground of poverty of the owner.

(1) The Pradeshiya Sabha may from time to time for the purpose of assessment, and whenever there is sufficient ground therefor divide any house, building, land or tenement, and consolidate any separate houses, buildings, lands or tenements whatsoever within the limits of any Pradeshiya Sabha and assess, in respect of any rate or rates leviable under this Act, each such divided portion separately, and each such consolidated premises as a whole:

Provided that in the case of any such consolidation the consolidated premises shall be assessed at the aggregate annual value of the several houses, buildings, lands or tenements of which such premises are composed.

(2) The Pradeshiya Sabha shall cause a notice of such division of consolidation to be given to ever) occupier, whether he be proprietor, joint proprietor, or tenant of each such house, building, land or tenement.

(3) The assessed annual value of any premises so dealt with shall not, by reason of such division or consolidation be increased or reduced for the year in which the division or consolidation is made.

(1) In order to enable a Pradeshiya Sabha to assess the annual value of any house, building, land or tenement liable to be rated or the extent of any cultivated land for the purposes of the acreage tax, the Pradeshiya Sabha may require the owner and occupier of such house, building, land or tenement to furnish returns of the rent or annual value or extent thereof, and for like purposes it shall be lawful for any per on authorized in that belief by the Pradeshiya Sabha at any time between sunrise and sunset to enter and inspect and survey such house, building, land or tenement.

(2) It shall be the duty of the owner of any immovable property in a built-up locality to notify in writing to the Pradeshiya Sabha, the completion of any new building or of any addition to any existing building, within fourteen days of such completion or addition.

(3) Every person who-

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand rupees.

(1) For the preparation of a new assessment, the annual value of each house, building land and tenement within the limits of any Pradeshiya Sabha Shall assessed by the Chief Valuer or any person or persons approved by the Pradeshiya Sabha with the approval of the Assistant Commissioner.

(2) For the purpose of ascertaining the extent of an cultivated lands for the purpose of the acreage tax, every Pradeshiya Sabha shall have power to appoint one or more persons to be assessors.

(3) For the purpose of assessing or verifying the annual value or the extent of cultivated land, it shall be lawful for the Chief Valuer or any person or persons appointed by the Pradeshiya Sabha under subsection (1) or subsection (2) to enter at any time between sunrise and sunset any building or land and to do or cause to be done therein, all such acts as may be necessary to ascertain the annual value or the extent thereof.

(1) Upon the completion of an assessment list or acreage list, the Pradeshiya Sabha shall cause to be given public notice thereof and the place where the assessment list or the acreage list may be inspected.

(2) Any person shall be permitted free of charge, to inspect any portion of such assessment list or acreage list.

(3) The Pradeshiya Sabha shall cause a notice of assistant of the annual value or verification of the extent to be served on, or left at. the premises of every occupier whether he be owner or tenant of the house, building, land or tenement assessed or cultivated land the extent of which was verified. The said notice shall be substantially in the form set out in the Third Schedule. Such notice shall further intimate that written objection to the assessment or verification will be received at the Pradeshiya Sabha office, within thirty days from the date of service of the notice.

(4) The Pradeshiya Sabha shall cause to be kept a book to be called the” Book of Objections ” and cause every objection to an assessment or verification to be registered therein. The Pradeshiya Sabha shall cause to be give notice in writing to each objector and the owner or occupier of the house, building, land or tenement or cultivated land of the day on which and the place and the time at which the objections will be investigated.

(5) At the time and place so fixed the Pradeshiya Sabha shall cause to be investigated the objections in the presence of the objector, owner and occupier or their authorized agents who may be present. Such investigation may be adjourned from time to time for reasonable cause.

(6) When any objection to an assessment or verification is disposed of, the Pradeshiya Sabha shall cause the decision thereon to be notified to the objector, owner and occupier and such decision shall be noted in the Book of objections, and any necessary amendment shall be made in the assessment list or the acreage list, as the case may be.

(7) Every assessment against which no objection is taken shall be final for the period for which such assessment list or acreage list, as the case may be, continues to be in force.

(1) Every person who is aggrieved by the decision under section 141 with regard to the assessment of any house, building, land, or tenement or the verification of the extent of the cultivated lard may, within thirty days of receiving the notification of the decision, institute an action objecting to such decision in the Magistrate’s Court having jurisdiction in the place where such house, building, land, or tenement or such cultivated land in situated, if the amount of the rate or rates on the annual value of such house, building, land or tenement, or in the case of a consolidation, on the annual value of the houses. buildings, lands or tenements so consolidated, or the acreage tax on the verified extent does not exceed one thousand five hundred rupees, and in the District Court having such jurisdiction where such amount exceeds the sum of one thousand five hundred rupees.

(2) Upon the trial of any action under this section, the plaintiff shall not be allowed to adduce evidence of any ground of objection which is not stated in his written objection to the assessment or verification.

(3) Every such Court shall hear and determine such action according to the procedure prescribed, by the law for the time being in force. for hearing and determination of civil actions and the decision of such Court shall in all cases be subject to appeal to the Court of Appeal.

(4) Every such appeal shall be governed by the provisions of any written law regulating the making of appeals to the Court of Appeal, from any judgment, decree, or order of a Magistrate’s Court or a District Court, as the case may be.

(5) Neither the lodging of any objection against any assessment or verification nor the institution of such action or any appeal therein hall stay the levying of the whole or any part of such rate or rates or tax, and the excess, if any, collected shall be returned according to the decision on the objection or the decision of such Magistrate, Court or District Court if there be no appeal or of the Court of Appeal, in case of appeal.

(1) Where physical alterations affection the annual value of any house, building, land or tenement or the extent of cultivated land are made after the assessment or verification in respect thereof has become final by virtue of the preceding section, a Pradeshiya Sabha may, notwithstanding anything to the contrary contained in the preceding sections, at any time prepare a new assessment or verification for such premises.

(2) Every such new assessment or verification shall comp. into force from the first day of the month following that in which it is entered in the assessment list or the acreage list, as the case may be :

Provided. always that such new assessment or verification shall as far as possible, be made in the manner prescribed by the preceding sections and be subject to the objections, investigations, actions, and appeals referred to therein.

(1) If any building other than a building containing furniture, is or remains untenanted, a proportionated remission of the rates payable in respect of such building Tray be showed for the period during which the building is or remains untenanted.

(2) If any building containing furniture and registered with the Pradeshiya Sabha as a building intended to be let as a furnished building is or remains untenanted, a proportionate remission of one-half of the rates payable in respect of such building may be allowed for the period during which such building is or remains untenanted.

(3) The period for which a remission is allowed under subsections (1) and (2) shall in respect of any building, commence on the day on which the Pradeshiya Sabha receives a written notice of its being untenanted and terminate on the date on which it is re-occupied.

Provided that, the said period shall terminate on a date one month prior to the said date of re-occupation if within three days of the re-occupation, notice thereof is not given to the Pradeshiya Sabha. Every notice under this subsection shall contain an address to which all communications arising therefrom may be posted.

(4) When with reference to any claim for remission under this section a dispute arises regarding the period during which any building is or remains untenanted, a written notice of the derision of the Pradeshiya Sabha thereon shall be posted to the last of the addresses given under subsection (3) and such decision shall be final. unless written application for its revision is presented to the Pradeshiya Sabha within seven days from the date upon which such notice is posted and unless such decision is in consequence revised by the Pradeshiya Sabha.

(1) A Pradeshiya Sabha shall prepare a new assessment or verification only when directed generally or specially by the Minister. The Minister may direct the preparation of a new assessment or verification in respect of all or any class or species of immovable property within the limits of any Pradeshiya Sabha having regard to the provision of: new services or the improvement of existing services within the limits of such Pradeshiya Sabha area. Except when a new assessment or verification is carried out on the directions of the Minister, the Pradeshiya Sabha shall adopt the assessment or verification for the preceding year with such alteration as may, in particular cases. be deemed necessary, as the assessment or verification for the following year.

(2) The notice of assessment or verification shall be given in the prescribed manner.

(1) A Pradeshiya Sabha may, impose and levy any of the following taxes and licence duties within the limits of any Pradeshiya Sabha area:

(2) Where the Pradeshiya Sabha, in imposing any tax under this section for any year resolves to levy without alteration the same tax as was in force during the preceding year, the approval of the Minister shall not be required for the imposition and levy of such tax.

(1) The tax on vehicles and animals which a Pradeshiya Sabha is authorized to impose by section 147 shall be an annual tax in respect of all the vehicles and animals specified in the Fourth Schedule and ordinarily used or to be used within the limits of any Pradeshiya Sabha at the rates specified in that Schedule.

(2) The tax on vehicles and animals shall not be leviable or payable in respect of

(3) The tax on vehicles and animals shall be payable annually in advance on such date as may be ordered by the Pradeshiya Sabha or prescribed by by-laws.

(4) The tax on vehicles and animals shall be payable by each person in whose possession or custody or control any vehicle Or animal liable to a tax may be found as soon as it has been for thirty days used or kept for use within the limits of the Pradeshiya Sabha area, but no person shall be liable under this section in respect of any vehicle or animal which has been in his possession for less than thirty days.

(5) No person by reason of the transfer of ownership shall be liable to pay tax on any vehicle or animal on which tile tax has already been paid for the year in which the Ownership was transferred.

(6) Where any vehicle or animal liable to any tax under this Act is used or intended to be used within the limits of more than one Pradeshiya Sabha, such vehicle or animal shall only be liable to one such tax in respect of the limits of the Pradeshiya Sabha within which it is principally used or intended to be used, and of any question arises as to the limits within which any vehicle or animal liable to any such tax is principally used or intended to be used, the question shall be determined by the Assistant Commissioner.

(7) If any person liable to pay tax leviable under this section fails to pay such tax within seven days after demand, the Secretary of the Pradeshiya Sabha shall report the failure to the Magistrate’s Court having jurisdiction over the area for which such Pradeshiya Sabha is constituted and +he Court shall proceed to recover the amount due as if it were a fine imposed by Court, notwithstanding that such amount exceeds the amount of fine which a Magistrate may impose in the exercise of his ordinary jurisdiction and the amount so recovered shall be paid into the Pradeshiya Sabha Fund.

(1) A Pradeshiya Sabha may by resolution impose and levy a tax on any trade carried on within the limits of any Pradeshiya Sabha.

(2) The tax levied under subsection (1) shall be an annual tax determined by the Pradeshiya Sabha according to the annual value of the premises on which that trade is carried on :

Provided that where the annual value of such premises falls within the limits of any item in Column I set out below, the tax levied shall not exceed the sum set out in the corresponding entry in Column II:

Provided further, that such tax shall not be leviable or payable in respect of any trade for which a licence is necessary under the provisions of this Act or any by-law made thereunder.

(3) The tax levied under subsection (1) shall be payable, on such date as may be determined by the Pradeshiya Sabha or prescribed by by-law, by the person who carries on such trade.

(4) If any person liable to pay the tax leviable under this section fails to pay such tax within seven days after demand, the Secretary of the Pradeshiya Sabha shall report such failure to the Magistrate’s Court having jurisdiction over the area for which such Sabha is constituted. The Court shall proceed to recover the amount due as if it were a fine imposed by Court, notwithstanding that such amount exceeds the amount of fine which a Magistrate may impose in the exercise of his ordinary jurisdiction, and the amount so recovered shall be paid into the Pradeshiya Sabha Fund.

(1) A Pradeshiya Sabha may by resolution impose and levy annually on every person who, within the limits of such Pradeshiya Sabha, carries on any business for which no licence is necessary under the provisions of this Act or any by-law made thereunder, or no tax is payable under section 150 a tax according to the takings of the business for the year preceding tile year in which such tax is payable, at such rates not exceeding the rates set out below:

Provided however, that the preceding provisions of this section shall not apply to itinerant vendors who do not carryon business at fixed places or do not for the purposes of such business establish themselves on the public roads or other public places.

(2) A Pradeshiya Sabha may by resolution impose and levy annually on every person who, within the Pradeshiya Sabha area, practices any profession, a tax of an amount not exceeding an amount specified by the Minister by regulation as the maximum amount of tax which the Pradeshiya Sabha may so impose and levy.

(3) The tax payable under subsection (1) or subsection (2) shall be payable on such date as may be specified by the Pradeshiya Sabha prescribed by by-law.

(4) If any person liable to pay any tax leviable under this section fails to pay such tax within seven days after demand, the Secretary of the Pradeshiya Sabha shall report such failure to the Magistrate’s Court having jurisdiction over the area for which such Pradeshiya Sabha is constituted. The Court shall proceed to recover the amount due as if it were a fine imposed by Court. notwithstanding that such amount exceeds the amount of fine which a Magistrate may impose in the exercise of his ordinary jurisdiction. and the amount so recovered by Court shall be paid into the Pradeshiya Sabha Fund.

For the purposes of this section

(1) Where any land within the limits of a Pradeshiya Sabha area is suitable for building purposes, or for the purposes of permanent or regular cultivation, or such land is capable of being developed for any such purpose at a cost which would in the opinion of the Pradeshiya Sabha, be reasonable, and where

(2) The provisions of sections 135 and 136 of this Act shall, with the necessary modifications, apply with respect to every assessment of the capital site value of land made under subsection (1).

For the purposes of this section, ” capital site value” when used in reference to any land, means the probable price which would be paid for the land, exclusive of all buildings thereon, if the land were sold in the open market, free of all mortgages, leases, encumbrances or other charges.

(1) Where any land within the limits of a Pradeshiya Sabha is sold by public auction or otherwise, by an auctioneer or broker or his servant or agent, the vendor or such auctioneer or broker or his servant or agent, shall pay to the Pradeshiya Sabha, from the proceeds of the sale of such land, a tax equivalent to one per centum of the amount of such proceeds.

(2) If the tax payable under subsection (1) is not paid within fourteen days of demand, the Secretary of the Pradeshiya Sabha shall report such failure to the Magistrate’s Court having jurisdiction over the area for which such Pradeshiya Sabha is constituted and the Court shall proceed to recover the amount due as if it were a fine imposed by Court shall proceed to recover the amount due as if it were a fine imposed by Court, notwithstanding that such amount exceeds the amount of fine which a Magistrate may impose in the exercise of his ordinary jurisdiction and the amount so recovered by Court shall be paid into the Pradeshiya Sabha Fund.

(1) If the amount of any rate payable under this Act or the amount of any tax imposed thereunder. is not paid into the Pradeshiya Sabha office within such time as the Pradeshiya Sabha may direct, a warrant signed by the Secretary shall be issued to some collector or other officer of the Pradeshiya Sabha named therein, directing him

(2) A Pradeshiya Sabha may, by resolution, waive the whole or any part of any rate or tax and any costs incurred for the purpose of recovering that rate or tax, if it appears to the Pradeshiya Sabha 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; and in such case where any such resolution is passed, no warrant under subsection (1) shall be issued and any such warrant that may have been issued shall be recalled.

(1) If the amount due as rent for any premises let by the Pradeshiya Sabha is not paid into the Pradeshiya Sabha office within fourteen days after such amount becomes due, it shall be the duty of the Secretary by warrant signed by him to authorize an officer of the Pradeshiya Sabha named therein, and his assistants to levy such amount and the costs of recovery by the seizure and sale of all movable and immovable property situated within its limits and belonging to the tenant, and by the seizure and sale of all movable property to whomsoever the same may belong which may be found in or upon the premises for which rent is due.

(2) If the amount due as fees for the removal of any refuse from premises where a trade is carried on is not paid into the Pradeshiya Sabha office within fourteen days after demand. the Secretary may, by warrant, authorize an officer of the Pradeshiya Sabha named therein and his assistants to levy such amount and the cost of recovery by the seizure and sale of movable and immovable property situated within its limits and belonging to the defaulter.

(a) the necessary wearing apparel, beds and bedding and cooking utensils of the person whose property IS to be seizure or of his wife and children;

(b) the tools, utensils and implements of trade or business of such person and where such person is an agriculturist, the implements of husbandry and such cattle and seed grain as may be reasonably necessary to enable him to earn his livelihood as such; and

(c) professional instruments and library books necessary for the carrying on of the profession or business of such person to the value of five hundred rupees.

(a) a charge of

shall be made in respect of the cost of issue of the warrant;

(b) a charge of ten per centum of the amount of the rate, tax, rent or fee to be levied under the warrant may be made in any case, where goods are removed after seizure under the warrant and a further charge not exceeding twenty-five cents per day shall be made for keeping such goods in safe custody during detention but so however, that no such charge shall be made in respect of detention for more than one month;

(c) in the case of the seizure of immovable property or where goods seized are not removed after seizure, a charge not exceeding three rupees per day shall be made for keeping a person in possession of the property or goods;

(d) a charge of ten per centum of the amount of the rate, tax, rent or fee to be levied under the warrant may be made in any case where the property seized is advertised for sale but no sale takes place due to the rates, taxes, rents or fees and costs due being paid before the sale;

(e) in case of seizure of immovable property a charge of ten per centum of the amount of the rate, tax, rent or fee to be levied under the warrant may be made in respect of the cost of issue of notice of seizure; and

(f) where a sale takes place a charge not exceeding two and a half per centum of the proceeds of sale shall be made in respect of the cost of sale.

(1) Subject of the provisions of sections 160 and 161 it shall be the duty of the collector or other officer to whom the warrant is issued under this Part for the seizure and sale of any property, to effect any such seizure as far as possible in accordance with the provisions of this section.

(2) Such movable property wherever situated of the owner as can be found and as may, in the opinion of the collector or other officer, be sufficient to defray the amount leviable. shall be seized and sold before any property is seized in execution of the warrant,

(3) Where no movable property of the owner is found or where the amount realized by sale of movable property seized under subsection (2) is insufficient to defray the amount leviable, such movable property as can be found in or upon the property to which the warrant relates shall be seized and sold.

(4) Where no movable property has been seized and sold under the preceding provisions of this section or where the proceeds of sale of any movable property so seized is insufficient to defray the amount leviable, the collector or other officer shall seize and sell the rents and profits from the property to which the warrant relates, for a period sufficient in the opinion of such collector or other officer to defray the amount recoverable.

(5) Where no such rents and profits are found or where the amount realized by the sale of movable property under subsection (2) or subsection (3) or rents and profits under subsection (4) is insufficient to defray the amount leviable, the collector or other officer, in accordance with such direction as the Secretary shall issue in that behalf shall seize the immovable property to which the warrant relates.

(6) Upon the seizure of such immovable property such Secretary shall cause notice of seizure to be served on, or left at the premises of the occupier of the property whether he is the owner or tenant of the property seized. The said notice shall intimate that the property seized shall be vested in the Pradeshiya Sabha on a date to be specified in the notice, if the rates and costs due thereof are not paid before such date. The date to be specified shall be a date after the expiry of a period of twenty-eight days from the date of seizure but not later than forty-two days from the date of such seizure.

(7) The Secretary shall cause a notice to be published in the Gazette and in a newspaper circulating in the area letting out the immovable properties seized under subsection (5), of the dates specified in the notice under subsection (6) on which such property shall be vested in the Pradeshiya Sabha, if all the rates, taxes, rents or fees, as the case may be, and costs due thereof are not paid before such date. This notice shall be published at least twenty-four days before the specified date referred to in subsection (6).

(8) No collector or other officer shall be liable in damage by reason of his failure to carry out any seizure and sale in accordance with the provisions of this section, unless the person who claims such damages proves to the satisfaction of the Court that at the time when that person’s immovable property was being seized he or some other person on his behalf pointed out to the collector or officer free and unclaimed property which would have been sufficient to defray that amount leviable and which should lawfully have been seized in the first instance as hereinbefore provided, and that the collector or officer failed to seize the property so pointed.

(9) No seizure of any immovable property under subsection (5) shall be deemed to be invalid or be impeached or affected by reason that the order in which property must be seized had not been followed or movable property that could be seized and sold had not been seized and sold unless the person who makes such application had made written declaration to the collector or officer and the Secretary of the Pradeshiya Sabha setting out free and unclaimed property which would have been sufficient to defray the amount leviable and which could lawfully have been seized in the first instance as hereinbefore provided and that the collector or officer or such Secretary failed to seize the property as declared.

(1) The movable property seized in execution of any warrant issued under this Part, shall be sold by public auction in accordance with the provisions of this section by the collector or officer to whom the warrant was issued or by some other person authorized in that behalf by the Secretary.

(2) No property which in the opinion of the collector or officer seizing such property exceeds rupees one thousand in value shall be sold under this section (a) except after the expiry of a period of twenty-four days from :he date of such seizure; and (b) unless notice of the date time and place fixed for the sale has, not less than eleven days before the date so fixed, been published in the Gazette and a newspaper circulating in Sri Lanka.

(3) The Secretary of the Pradeshiya Sabha shall cause any movable property seized in execution of any warrant to be sold within a period of sixty days from the date of such seizure.

(4) No property seized in execution of any warrant shall be sold under this section if at or before the time fixed for the sale of such property payment of the amount and of the costs recoverable under the warrant is duly made to the Secretary.

(1) In every case where no movable property of any description other than property referred to in section 160 can be found or where the collector or other officer to whom the warrant is issued, reports’ that it is impracticable to seize movable property, the Secretary shall serve a written notice in the form set out in the Fifth Schedule hereto on the person who had made default in the payment of the rate or tax, calling upon him to pay such rate or tax along with the warrant cost within a period of thirty days from the date of service of the notice and informing him that in the event of an ” default in the payment of the rate or tax and costs within that period, steps will be taken for the seizure and sale of the building or land in respect of which the rate or tax is due.

(2) In default of compliance by any person with any notice served en him under subsection (1) within the time specified in such notice, the Secretary shall certify the aggregate amount due from that person to the Magistrate’s Court where the amount of rate or tax does not exceed rupees one thousand five hundred, and to the District Court where the rate or tax due exceeds one thousand five hundred rupees within whose jurisdiction the property lies and upon such application being made, and the Court shall issue to the fiscal a writ for the recovery of such amount or rates or taxes and costs by the seizure and sale of such immovable property.

(3) The provisions of the Civil Procedure Code relating to the seizure and sale of property by the fiscal in execution of a writ issued by Court shall apply to the seizure and sale of immovable property for the recovery of the sum certified by the Secretary.

(4) For the purpose of the application of such provisions, the sum so specified shall be deemed to be due on a decree entered by the Court and the Secretary shall be deemed to be the judgment-creditor and the person liable to pay such sum shall be deemed to be the judgment-debtor.

(5) Every sum paid or recovered under this section shall be credited to the Pradeshiya Sabha Fund.

(1) Where a person convicted by any Court for the offence of using any premises for any trade or business without a licence issued in that behalf under this Act or under any by-law made thereunder, continues to use such premises without a licence for such trade or business, whether by himself or by any other person on his behalf, a Magistrate may, upon an application for a closure order made by the Chairman or Secretary of the Pradeshiya Sabha or any officer authorized in that behalf by such Chairman or Secretary, as the case may be, order the closure of such trade or business at such premises, until such time such person obtains a licence from the Pradeshiya Sabha.

(2) In any proceedings under subsection (1), a certificate issued by the Chairman. or Secretary of the Pradeshiya Sabha or any officer authorized in that behalf by such Chairman or Secretary, as the case may be. setting out that the person mentioned in the certificate. continues to use such premises without obtaining a licence for any trade or business, shall be prima facie evidence of the matters stated therein.

(3) In any case where such person fails to comply with the closure order issued under subsection (1), the Magistrate shall forthwith order the Fiscal of the Court requiring and authorizing such fiscal before a date specified in such order not being a date earlier than three or later than seven clear days from the date of issue of such order, to close any trade or business at such premises. Such order shall be sufficient authority for the said fiscal or any police officer authorized by him in that behalf, to enter the premises with such assistants as the fiscal or such officer shall deem necessary to close any trade or business at such premises.

(1) The Chairman of every Pradeshiya Sabha shall each year on or before such date and in such form as may be sped-fled by rules, prepare and submit to the Pradeshiya Sabha, a budget for the next succeeding year, and containing an estimate of the available income and details of the proposed expenditure for the ensuing year.

(2) Every Pradeshiya Sabha shall finally consider and adopt the budget together with the amendments, if any, before the commencement of the year to which such budget relates.

(3) The Chairman of the Pradeshiya Sabha may at any time prepare a supplementary budget and lay it before the Pradeshiya Sabha.

(4) The Pradeshiya Sabha may pass, modify or reject all or any of the items in any budget or supplementary budget or add any item thereto.

(a) the form m which estimates and budgets shall be prepared;

(b) the period within which, and the manner in which, the approval of the Minister or of the Assistant Commissioner shall be obtained in any matter connected with a budget, which requires such approval;

(c) the steps to be taken in any matter connected with a budget in the event of its being disapproved by the Minister or the Assistant Commissioner;

(d) the form in which books of accounts shall be pre pared and kept by a Pradeshiya Sabha ;

(e) the form of the periodical statements of accounts which shall be prepared by a Pradeshiya Sabha ;

(f) the manner in which, the intervals at which, and the persons by whom the books, accounts, documents and other records of a Pradeshiya Sabha, the work of construction, maintenance or repair undertaken or executed by a Pradeshiya Sabha, and the lands and buildings vested in or used or occupied by a Pradeshiya Sabha shall be inspected ; and

(g) the mode of giving notice within the limits of a Pradeshiya Sabha of the financial proposals of a Pradeshiya Sabha, and of publishing the periodical statements of accounts.

(1) Article 154 of the Constitution shall apply to the audit of the accounts of every Pradeshiya Sabha.

(2) Every Pradeshiya Sabha shall pay to the Government, as a contribution towards the cost of such audit, a fee according to such rates as may from time to time be determined by the Minister in charge of the subject of Finance.

(3) In auditing the accounts of a Pradeshiya Sabha under this section, the Auditor-General shall disallow every item of the accounts which is contrary to law, and surcharge the same on the person making or authorizing the making of the illegal payment, and shall charge against any person the amount of any deficiency or loss incurred by the negligence or misconduct of that person and any sum which ought to have been, but is not. brought into account by that person and shall in each case certify the amount due from such person and communicate his decision in writing to such person through the Commissioner of Local Government. The communication shall be transmitted by the Commissioner of Local Government to such person by registered post, and if go transmitted shall be deemed to be received by such person at the time when the letter containing the decision would be delivered in the ordinary course or post, and in proving that such letter was posted it shall be sufficient to prove that such letter was properly addressed and put into the post:

Provided that no expenses incurred by a Pradeshiya Sabha shall be disallowed by the Auditor-General if such expenses have been sanctioned by the Minister.

(4) Where any item of the accounts of a Pradeshiya Sabha relating to any expenditure authorized by a resolution of that Pradeshiya Sabha is disallowed by the Auditor-General as being contrary to Jaw under subsection (3) of this section, the Chairman of that Pradeshiya Sabha and every other member of that Pradeshiya Sabha who voted in favour of such resolution. shall each be deemed to be a person who made or authorized the making of the payment for the purpose of that subsection.

(5) Before making any surcharge or disallowance against any person the Auditor-General shall afford an opportunity to such person to be heard or to make any representation with regard to the matter which he may think fit, and shall in the event of his making such surcharge or disallowance, furnish such person in writing, on application being made to him for that purpose. with the reasons for his decision in respect of such surcharge or disallowance.

(6)

(7)

(8) Every sum certified to be due from any person by the Auditor-General as aforesaid, shall be paid by such person to the Commissioner of Local Government within fourteen days after the decision of the Auditor-General has been communicated to such person unless there is all appeal against the decision; and if such sum is not so paid and there is no such appeal, it shall b the duty of the Commissioner of Local Government to recover the sum due from such person in the manner specified in such section (9) or subsection (10).

(9) If any sum referred to in subsection (8) is not paid within the time limit allowed therefor by that subsection to the Commissioner of Local Government by the person from wham it is due, such Commissioner may make au application to the District Court within whose jurisdiction such person resides, far the recovery of such sum by seizure and sale of the immovable property of such person and upon such application being made, the Court shall issue to the fiscal a writ far the recovery of such sum by the seizure and sale ‘Of such immovable property. The provisions of the Civil Procedure Code relating to the seizure and sale of immovable property by the fiscal in execution of a writ issued by a Court and to the making and adjudication ‘Of claims in respect of immovable property seized by the fiscal shall apply to the seizure and sale of immovable property for the recovery of the sums specified in the Commissioner’s application and to the making and adjudication of claims in respect of immovable property seized for the recovery ‘Of such sum. For the purpose of the application of such provisions, the sum so specified shall be deemed to be due on a decree entered by the Court and such Commissioner shall be deemed to be the judgment creditor and the person liable to pay such sum shall the deemed to be the judgment-debtor.

(10) Where the Commissioner of Local Government is of the opinion in any case that recovery from any person of any sum referred to in subsection (8) by seizure and sale of such person’s immovable property is impracticable or inexpedient, or where the full amount of such sum has not been so recovered, such Commissioner may issue a certificate containing particulars of the amount due from such person and the name and last known place of business or residence to such person to a Magistrate having jurisdiction in the place in which such person resides. The Magistrate shall thereupon summon such person before him to show cause why proceedings for the recovery of the amount due should not be taken against such person and if no sufficient cause is shown by such person, the amount due shall be deemed to be a fine imposed by a sentence of the Magistrate or. such defaulter for an offence punishable with a fine only or not punishable with imprisonment, and may be recovered accordingly.

(11) Any amount directed to be recovered from or such person by any order made by the Secretary to the Ministry of the Minister under this section may forthwith be recovered by the Commissioner of Local Government in the same manner as any sum certified by the Auditor General is recoverable under the provisions of this section.

(12) The correctness or validity of any certificate or surcharge or disallowance made by the Auditor-General under subsection (3) or an order made by the Secretary of the Ministry of the Minister under subsection (7) or the certificate given by the Commissioner of Local Government under subsection (10) of this section shall not he called in question in any District Court or Magistrate’s Court in any proceedings for the recovery of any sum due under this section.

(13) Every sum paid or recovered under this section other than any sum paid or recovered as cost and expenses incurred in the enforcement of any surcharge or disallowance, shall be credited to the Pradeshiya Sabha Fund of the Pradeshiya Sabha.

(i) the work or services to be executed or performed or the articles or materials to be supplied ;

(ii) the price or rate to be paid for the work, service articles or materials ;

(iii) the time or times within which the work or services is to be completed or the articles or materials are to be supplied ;

(iv) any penalty or penalties to be imposed in case of breach.

(i) the Secretary shall, if the Pradeshiya Sabha so directs, take sufficient for the due performance of the contract ;

(ii) the Secretary or the Chairman shall call for tenders or quotations in the prescribed manner ;

(iii) the invitation to tender and the tenders or quotations if any or copies thereof shall be laid before the Sabha which shall either accept one of such tenders or quotations or reject all of them and where a tender or a quotation other than the lowest, where it relates to expenditure and the highest where it relates to revenue, is accepted, the resolution shall give satisfactory reasons for not accepting the lowest or the highest, as the case may be ; and

(iv) the contract mall be sanctioned by the Pradeshiya Sabha after satisfying itself that the necessary funds have been provided for the same in a sanctioned budget or supplementary budget: