TOWN COUNCILS

(1) The Minister may, by Order published in the Gazette, declare any area, which by reason of its development or its amenities is urban in character, to be a town for the purposes of this Ordinance, and may define the administrative limits of the town so declared. The Minister may, by the same or any subsequent Order, assign a name and designation to the Town Council to be constituted under this Ordinance for the town so declared.

(2) A declaration under subsection (1) may be made by the Minister in respect of two or more areas jointly, notwithstanding that such areas are not contiguous; and the areas in respect of which any such declaration is made shall accordingly be deemed to constitute jointly one single town for all the purposes of this Ordinance.

(1) Each Town Council shall consist of the Chairman and Vice-Chairman and such number of other members, as the Minister may prescribe by Order published in the Gazette.

(2) In determining the number of members the Minister shall have regard to the area and population of the town.

(3) Every Order made under subsection (1) shall as soon as may be convenient be laid before Parliament.

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

(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.

(1) Where any person who is elected as a member of a Town Council decides for any reason not to serve as a member thereof, he may relinquish the office-

(2) Any member of a Town Council who is absent without leave of the Council from more than three consecutive ordinary meetings of the Council shall ipso facto vacate his office.

(3) If any person elected as a member of a Town Council refuses or resigns his office, or dies, or vacates the office under subsection (2), or if a casual vacancy occurs in any other manner in such office, such office shall be filled in accordance with the provisions of written law for the time being applicable in that behalf and the person so elected shall hold office until the next succeeding general election of members of that Council.

(a) vary the limits of any town;

(b) vary the number of members prescribed for any Town Council;

(c) dissolve any existing Town Council and direct that it shall be replaced by a new Town Council to be constituted in lieu of such existing Council, whenever it appears to him to be expedient so to do upon any variation of the limits of the town for which the existing Council was constituted ;

(d) dissolve any Town Council for the purpose of constituting any other local authority in its place.[* Section 13 is repealed by Law No. 24 of 1977, ] [+ Section 15 is repealed by Law No. 24 of 1977]

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

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

(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 Council, shall, for the purpose of any area within the administrative limits of such dissolved Council which shall be included within the administrative limits of the new Council, be construed as though they were references to the new Council;

(d) all the provisions of sections 233 to 241 shall apply to the case of the constitution of the new Council, in the same manner as if all references to any local authority or authorities in such sections were references to the dissolved Council.

(1) There shall be a Chairman and a Vice-Chairman for each Town Council who shall be members and be elected in accordance with the provisions of written law for the time being applicable in that behalf.

(2) The Chairman or Vice-Chairman of a Town Council shall hold office for the term of office of the Council unless he resigns or vacates such office. Whenever a Chairman or Vice-Chairman vacates his office he shall at the same time cease to be a member.

(3) The Chairman of a Town Council shall, subject to the provisions of section 169A, be the chief executive officer of the Council, and all executive acts and responsibilities which are by this Ordinance or any other written law directed or empowered to be done or discharged by the Council may, unless the contrary intention appears from the context, be done or discharged by the Chairman.

(4) The Chairman may by order m writing delegate to the Vice-Chairman or secretary or any other officer of the Council any of the powers, duties or functions conferred or imposed upon or vested in the Chairman by this Ordinance or any other written law.

(5) The exercise, discharge or performance by the Vice-Chairman or the secretary or any other officer of the Council of any power, function, or duty 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 may at any time be varied or cancelled by order of the Chairman.

(6) During the period commencing on the date of occurrence of a vacancy in the office of Chairman and ending on the date of election of a new Chairman or during the period of absence of the Chairman on account of illness or other unavoidable cause the Vice-Chairman may exercise the same powers and perform the same duties as the Chairman.

(7) Whenever the office of Chairman of a Town Council falls vacant information of the occurrence of the vacancy shall forthwith be given to the elections officer of the district in writing by the secretary of the Council. Upon the receipt of such information the elections officer shall proceed to fill the vacancy in accordance with the provisions of written law for the time being applicable in that behalf.[* Sections 17 and 18 are repealed by Law No. 24 of 1977. Sections 20, 21 and 22 are repealed by Law No. 24 of 1977]

(1) The ordinary meetings of a Town Council shall be held for the despatch of business upon such day or days in every month as may be fixed by the Council.

(2) The Chairman may convene a special meeting of the Council whenever he may consider it desirable and shall, whenever requested in writing by any two or more members of the Council to convene a special meeting for any purpose specified in such writing, forthwith convene a special meeting for that purpose. Two days’ notice of the day appointed for any such special meeting shall be given to, or left at the residence of, each member of the Council.

(1) The quorum for any meeting of a Town Council shall be one-third of the members of the Council in office on the day of that meeting, or two members, whichever is greater.

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

(3) 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) Every Town Council shall appoint a fit and proper person to be or to act as the secretary of the Council.

(2) The secretary of a Town Council shall be the chief administrative officer of the Council and shall exercise, perform and discharge such powers, duties and functions as are conferred or imposed upon him by this Ordinance or by rules made under section 192 or by any other written law for the time being in force.

(3) In the event of the vacation of the offices of both the Chairman and Vice- Chairman by the death, resignation, removal or any other cause, then, during the period intervening between the vacation of the office of the Vice-Chairman and the election of a new Chairman, the secretary of the Council shall, in addition to the powers referred to in subsection (2), have authority, subject to the approval of the Commissioner and subject to such limitations and conditions as may be prescribed by rules under section 192, to incur expenditure on behalf of the Council, to make payments out of the local fund, and to exercise and perform such of the powers, duties and functions of the Chairman as may be specified by the Commissioner or prescribed by rules as aforesaid.

(1) A Town Council may, from time to time, appoint committees consisting either of members of the Council or partly of members of the Council and partly of other inhabitants of the town, for the purpose of advising the Council with reference to any of its powers, duties, or responsibilities, or any matter under the consideration of the Council, and may from time to time, subject to such instructions or conditions as it may determine, delegate any of its powers or duties to such committees other than the power to raise any loan, to levy any rate, or to impose any tax.

(2) For the purpose of any matter in which any Town Council is jointly interested with any other Town Council or with any Urban Council or Municipal Council, it may make arrangements by mutual consent with such other Town Council or with such Urban Council or Municipal Council for the constitution of a joint committee, for the appointment of members of the Council upon such joint committee, and for the delegation to such Joint committee of any of its powers or duties other than the power to raise any loan, to levy any rate, or to impose any tax.

(a) waste lands and open spaces;

(b) stone, cabook, and gravel quarries;

(c) public lakes and streams;

(d) public tanks, ponds, and channels ;

(e) State lands whether with or without buildings,

(1) A vesting order, certificate or other record signed by the person or persons authorized to hand over any immovable property referred to in section 31, and by the Chairman of the Town Council or of any local authority of which the Council is the successor, shall be sufficient, and shall be deemed at all times to have been sufficient, to vest such property and all right, title, and interest in such property in the Town Council, or the local authority, as the case may be :

Provided that nothing in this section or in section 31 shall be deemed-

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

(a) all public parks, gardens, and open spaces acquired by or otherwise transferred to the Council or any other local authority of which the Council is the successor, and all erections and structures therein and the equipment thereof, subject always to the terms of any trust or the conditions in any instrument by which any such property may have been transferred to the Council or any local authority of which the Council is the successor;

( b ) all public roads, streets, canals, and bridges, (except such roads, streets, canals, or bridges as may be vested in any other authority under any other enactment, or may be specially exempted from the provisions of this section by the Minister by Order published in the Gazette), together with the lands used for the purposes thereof and all the pavements, stones, or 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, or provided under this Ordinance, or which may have been constructed, provided, or erected under any repealed enactment, or which may be otherwise transferred or have been transferred to the Council or to any local authority of which the Council is the successor, and all the sites, reservations, appurtenances, materials, furniture, and equipment provided therefor, subject always to any such trust or conditions as aforesaid;

(d) all other public buildings constructed or provided in whole or in part out of the local fund of the Council or of any other local authority of which the Council is the successor, or which may be otherwise transferred to the Council, 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 Council, 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 Council, or shall be otherwise shown to be private property or subject to private rights.

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

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

(c) to abate all nuisances.

(a) to appoint all necessary officers and servants, subject, however, to the previous approval of the Commissioner in every case where an appointment necessitates the creation of a salaried office in the service of the Council, and subject to the provisions of section 227, from time to time, remove any such officer or servant;

(b) to assign to any office or service such salary, allowances or remuneration as to the Council may seem fit, subject, however, to the previous approval of the Commissioner in every case of the assignment to any office or service of any salary, allowance, or remuneration which, either separately or in the aggregate, shall exceed in value the rate of fifty rupees a month;

(c) to spend any part of the local fund on maternity and child-welfare services, the training of midwives for the purposes of any maternity service established by the Council, housing schemes, and charities or measures for the relief of distress caused by rain, floods, fire earthquake, famine or epidemics ;

(d) to enter into any arrangement with any other authority for the employment and remuneration of any officer or servant for the several purposes of the Council and such authority;

(e) to take on lease or to purchase any land or building;

(f)

(g) subject to the express provisions of this Ordinance, to enter into any contract with any person for any work to be done, or services to be rendered, or goods or materials to be supplied ;

(h) to make by its officers authorized in that behalf and the servants or workmen accompanying them all such entries into lands and buildings and inspections thereon as may be necessary for the detection and abatement of nuisances, the detection, prevention, and abatement of all contraventions of this Ordinance or of by-laws or rules made thereunder, or for the performance of acts required to be done under this Ordinance in respect of which the owner or occupier of such premises is, or may be deemed to be, in default;

(i) its Chairman or other officer authorized by him, to hold all inquiries which the Chairman may deem necessary for any of the purposes of this Ordinance and for the purpose of all such inquiries, to administer oaths and summon witnesses;

(j) to institute or defend any legal proceedings which the Council may deem necessary to institute or defend for the purpose of enforcing or protecting the rights of the Council or of the public or of protecting its officers or members in the execution or intended execution of their duties;

(k) generally to do all things necessary for the effective exercise of the powers and duties of the Council.

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

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

Provided, further, that no person shall enter any building or any enclosure attached to a dwelling house except with the written consent of the occupant, or if such consent is withheld, with the sanction of the Chairman.

(2) Every mark fixed on any land under this section shall be deemed to be the property of the Council.

(a) the work to be done, the services to be rendered or the goods to be delivered:

(b) the materials to be used ;

(c) the price to be paid for such work, service, goods, or materials;

(d) the time or times within which the work or service is to be done, or the goods or materials are to be furnished ; and

(e) the penalty to be imposed in case of a breach of the contract.

(1) The Chairman shall not enter into any contract on behalf of the Council for any work or service the cost of which exceeds two hundred and fifty rupees, or any contract enduring for a longer period than the time elapsing between the making of such contract and the end of the financial year, without the sanction of the Council.

(2) If the Council fails to sanction any contract the Chairman may with the approval of the Commissioner enter into such contract notwithstanding the provisions of subsection (1).

(1) Notwithstanding anything in section 39 but subject to subsection (2) of this section, the sanction of the Commissioner shall not be required before any contract referred to in that section is entered into on behalf of any Town Council.

(2) The Minister may in his discretion by Order published in the Gazette declare that subsection (1) of this section shall not apply in relation to contracts to be entered into on behalf of any Town Council specified in the Order; and so long as such Order is in force the provisions of section 39 shall apply in relation to contracts to be entered into on behalf of that Council in like manner as though subsection (1) of this section had not been enacted.

(1) Subject to the powers and responsibilities by law committed to any other authority, the Town Council of each town shall be the general administrative authority for the purpose of all thoroughfares and communications, other than principal thoroughfares, within the administrative limits of the town, with all such powers as are vested in it under this Ordinance, 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 Town Council of each town shall be the administrative authority for the purposes of the protection of any principal thoroughfare that may be situate within the town, and shall be entitled for such purposes to exercise or perform in relation to any such principal thoroughfare any of the powers or duties conferred or imposed by sections 71 to 91 (both inclusive) relating to buildings along thoroughfares, obstructions to thoroughfares, encroachments on thoroughfares, injuries to thoroughfares and nuisances on thoroughfares.

(a) lay out and construct new roads, streets, bridges, or other thoroughfares;

(b) widen, open, or enlarge any street or other thoroughfare (not being a principal thoroughfare);

(c) turn, divert, discontinue, or stop up, whether in whole or in part, any public street or other thoroughfare (not being a principal thoroughfare),

(1) If in connexion with the turning, diversion, widening, opening, enlargement, or improvement of any thoroughfare, it becomes necessary for any Town Council to take possession, for public use, of the land of any person, it shall be lawful for such Council to make an agreement with the owner for the compensation to be paid for such land, and for any building, boundary wall, gateway, fence or tree standing thereon, either by allowing him to possess the ground, or part of the ground, of the former 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 Town Council in pursuance of any agreement under subsection (1) shall vest in the Council without any formal transfer thereof, and the certificate of the Government Agent or the Chairman of the Council that any person has been allowed by the Council 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 a sufficient proof of the right of such person to such ground or land.

(3) Where a Town Council cannot agree with the owner of any land as to the compensation to be made under subsection (1), or where such owner cannot be found, or where the Council does not deem it advisable to enter into any agreement with the owner of any land, then proceedings may be taken to obtain possession of such land, and for compensating the owner, in the manner prescribed by section 43.

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

(1) to water the streets;

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

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

(4) to shut up and secure deserted houses:

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

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

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

(1) It shall not be lawful for any person to commence any building, boundary wall, gateway or fence along any thoroughfare within any town, or to erect any temporary fence or inclosure 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 Town Council of that town.

(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 Town Council under this subsection, shall be guilty of an offence, punishable with a fine not exceeding fifty 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 it as aforesaid.

(3) It shall be lawful for the Town Council to remove or cause to be removed any building, boundary wall, gateway, fence, or inclosure, commenced or erected without the notice prescribed by subsection (1), and to recover the costs of such removal in the manner provided in section 83 for the recovery of the costs therein mentioned.

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

(1) Nothing contained in section 71 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 Town Council of any town from granting a licence to the inhabitants of the town for the erection of temporary fences and inclosures on any thoroughfare, in connection with the building, pulling down, or repairing of their houses and other buildings, or for temporary decorations within the town, on such terms and conditions as the Council 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 removes or extinguishes any light placed and kept in accordance with the requirements of the conditions of such licence, shall be guilty of an offence, punishable with a fine not exceeding ten rupees.

(1) Notwithstanding anything contained in the Housing and Town Improvement Ordinance, it shall not be lawful for any person-

Provided always that nothing in this subsection contained shall apply to any repairs effected in any building, boundary wall or gateway existing at the date of the constitution of the Town Council, or in the case of-

where such street, lane or passage has been defined or approved by the Town Council.

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

(2) It shall be the duty of every Town Council, 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-

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

(4) 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:-

(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 (3), shall be recorded in the office of the Town Council together with all agreements or awards by which the value so recorded may be verified ; and the value so recorded shall be deemed to be the value of such building, boundary wall, gateway, or part, for the purposes of section 77 relating to the compensation payable in respect of any subsequent acquisition thereof.

(6) For the purpose of demarcating the building limit of any road it shall be lawful for any officer, servant or workman of the Town Council 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 Council for any damage so occasioned.

(7) Where the building limit of any road has been demarcated under this section, nothing in any of the other provisions of this Ordinance shall be deemed to preclude the Town Council from letting or leasing any part of the road not included within such building limit for the purpose of affording building facilities along the road, or from using or 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 section 19 of the Housing and Town Improvement Ordinance.

(1) Upon application made in that behalf by the owner or occupier of any property affected by the building limit specified in section 73, it shall be lawful for the Minister, by Notification published in the Gazette, to modify the building limit in respect of the road, or the part of a road upon which such property abuts; and for the purposes of the provisions of this Ordinance relating to the building limit along roads, the building limit along such road or part of a road shall be the building limit so modified by the Minister.

(2) Where after the values of the buildings, boundary walls or gateways or part thereof situated within the building limits of any road are ascertained and recorded by a Town Council, the Minister modifies the building limit under subsection (1) in respect of the whole road or any part thereof, it shall be the duty of the Council to vary or adjust the values recorded in such manner as may be rendered necessary by such modification of the building limit: and every variation or adjustment of such values shall be made in accordance with the provisions of section 73.

(1) It shall be a condition of any licence granted by a Town Council under section 73 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 wall or gateway is situated being acquired at any time thereafter for the purpose of the widening of the road, the compensation payable in respect of such building, boundary wall or gateway shall be the value thereof as ascertained and recorded under that section. The value so recorded shall be set out in the condition in each such case.

(2)

(3) Subject to the condition referred to in subsection (2), any person who is otherwise entitled to re-erect or make any addition to any building, boundary wall or gateway shall be entitled to a licence to re-erect or make such addition to such building, boundary wall or gateway within the building limit specified in section 73 :

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 of 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 Town Council, may reasonably be considered to be a repair to the wall or support.

(1) Where any land 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 of 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 (d) (ii) of subsection (1), the owner shall have the option of requiring the Town Council to acquire the entirety of his premises at the rate at which the portion which the Council originally proposed to acquire was valued under that paragraph.

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

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

every such occupier, alleged owner, or person so refusing shall be guilty of an offence, punishable with a fine not exceeding fifty rupees.

(1) Every deed, document or instrument the production of which is demanded by a Town Council under section 79 shall be produced on the premises to which it relates, or at such other place as the Town Council may require; and the power given by that section to demand the production thereof, shall be deemed to include the power to make such examination and copies of such deeds, documents, and instruments as may be necessary.

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

(1) Whenever it appears to any Town Council that the line of any thoroughfare under the control of the Council has been altered without proper authority, or has been stopped up, or obstructed, or encroached upon, the Council shall give notice in writing to the occupier of the land from off which the 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 Council, and is open to the inspection of such occupier at a place to be mentioned in the notice, and that unless within one month from the service of the notice he, or the person under whom he holds, takes legal proceedings for establishing his title to such land, and for preventing the removal of any such obstruction or encroachment, the Council will proceed with the removal thereof in manner provided by section 83.

(2) If no legal proceedings are taken within the time specified in subsection (1) or being taken are not duly prosecuted, it shall be the duty of the Council to cause any such obstruction or encroachment to be forthwith removed as provided by section 83.

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

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

(3) The costs incurred by the Town Council 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 Council to the Magistrate’s Court* having jurisdiction over the area where such person resides and shall be recovered by that court in like manner as a fine imposed by the court. All moneys so recovered shall be paid by the court into the local fund of the Council.

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

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

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

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

(4) 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 or shall suffer any such animal to damage the thoroughfare ; or

(5) being the owner or occupier of any land contiguous to any road, 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 road, or suffers any accumulation of dirt or rubbish in any drain opposite to his house or land to impede the flow of water; or

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

(7) 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; or

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

(9) 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 works without the permission of the Town Council, or otherwise than in accordance with the terms and conditions of such permission ; or

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

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

(2) Any person who undertakes any of the operations referred to in subsection (1) without giving the notice required by that subsection, or who otherwise makes default in compliance with the requirements thereof, shall be responsible for any damage occasioned by such operations, and for any expenses incurred by the Town Council for the purpose of preventing or remedying any damage that may be occasioned or apprehended in consequence of such operations, and the amount of any such damage or expenses may be recovered in manner provided in section 83 for the recovery of the costs therein mentioned.

(1) Every person who within a town 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 so tied or tethered during the time required for loading or unloading it, or for the loading or unloading of any cart or boat to which it may belong, shall be guilty of an offence punishable with a fine not exceeding fifty 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 a town shall be guilty of an offence punishable with a fine not exceeding five rupees; and it shall be lawful for any person to seize or shoot or otherwise destroy any pig that he may find tied, straying, burrowing, or wallowing in any such road or canal; and such person may, if he choose, take such pig to any peace or police officer of the area in which the offence was committed, and such officer shall forthwith sell the pig, and pay the proceeds of such sale to such person.

(3) Every person who within a town-

shall be guilty of an offence punishable with a fine not exceeding fifty rupees.

(4) Every person who within a town 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 punishable with a fine not exceeding fifty rupees. It shall be lawful for the Town Council 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 83 for the recovery of the costs therein mentioned.[* Primary Court has exclusive jurisdiction under section 33 of the Judicature Act read with Gazelle Extraordinary No. 43/4 of 1979-07-02]

(1) It shall be lawful for any person thereto authorized by the Chairman of the Town Council of a town 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 administrative limits of the town, unless such animal belongs to any cart or boat to which it is tied or tethered whilst the cart or boat is being loaded or unloaded, and to place every animal so seized in the pound established by the Council for the purpose,

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

(3) If no person claims any animal placed in the pound or pays the dues required by subsection (2) within ten days after the seizure of the animal, it shall be lawful for the Council to sell it by public auction, and after payment of two rupees, or such other sum as the Council may by resolution fix, from time to time, to the person by whom the animal was seized and of a sum calculated at the rate of fifteen cents a day for the custody and maintenance of the animal in the pound, to pay any balance of the proceeds of such sale into the local fund established by the Council, 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 local fund.

(4) The provisions of this section shall have effect in every town to which this Ordinance applies, notwithstanding anything contained in the Animals Act.

(1) For the purpose of any agreement referred to in section 92, and for the purpose of securing the observance of the respective rights and obligations of the public, the Town Council and the promoters in connection with any public service or any private enterprise or object to which the agreement relates, the Town Council (except in 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 be made, any material or plant to be erected or deposited, or any work to be executed upon any building or land which is not vested in the Council, without the consent of the owners and occupiers thereof first had and obtained.

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

(2) Any person against whom expenses are or may be recoverable by a Town Council under this section may enter into an agreement with the Council for making payment to the Council by way of composition in respect of such weight or where payment is made in with such agreement, no under this section shall be or maintained 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 Town Council of each town shall be the general administrative authority for the purpose of promoting and securing the public health within the town, and shall for that purpose be entitled to exercise all such powers as are vested in it by this Ordinance, 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 Town Council of a town shall, in the exercise, discharge and performance of the powers, functions and duties vested in, assigned to or imposed on the Council by or under this Ordinance in matters relating to public health,in consultation with the medical officer of health of the area in which the town is situated. It shall be the duty of the medical officer of health to advise the Council in all such matters and to supervise and direct the carrying out in the town of measures relating to public health, and for the purposes aforesaid, he shall be deemed to be an executive officer of the Council; but shall in all other respects be under the supervision and control of the Director of Health Services.

(1) The Town Council of each town shall maintain, and from time to time repair, and as it shall see fit, enlarge, alter, arch over, or otherwise improve all or any of the public drains, culverts, gutters, and watercourses in the town 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, or destruction or alteration of any drain, culvert, gutter or watercourse/any person is deprived of the lawful use thereof, the Council shall with due diligence provide an effective substitute therefor.

(1) Every private drain in any town shall be under the survey and control of the Town Council of that town, and shall be constructed, altered, repaired, or kept in proper order as the Council 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 Council, to alter, repair, or put the drain in good order in such manner as may be specified in the notice, the Council may cause such drain to be altered, repaired, or put in good order in the manner required, and the expenses incurred therein by the Council shall be paid by the owner, and shall be recoverable as hereinafter provided.

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

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

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

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

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

(1) Where the Town Council is of opinion that any latrine or latrines or additional latrine or latrines should be provided for any house or building or land, the owner of such house or building or land shall within two months after service of a written notice in that behalf by the Council, cause such latrine or latrines to be constructed in accordance with such requirements as may be set out in the notice.

(2) Where any notice served under subsection (1) is not complied with to the satisfaction of the Chairman within the period specified in that subsection, the Council shall be at liberty to cause such latrine or latrines to be constructed, and the expenses incurred in such construction shall be payable by the person making default in complying with the notice, and shall be recoverable as hereinafter provided.

(1) It shall be lawful for a Town Council by written notice to direct any Person employing workmen or labourers in the town to provide and maintain such latrine or latrines as may to it seem fit, and to cause the latrine or latrines so provided to be kept in proper order and to be daily cleaned.

(2) Where any notice served under subsection (1) is not complied with, the Council may construct the necessary latrine or latrines or cause the latrine or latrines to be kept in good order and daily cleaned, and the expenses incurred therein by the Council shall be paid by the person making default in complying with the notice and shall be recoverable as hereinafter provided.

(1) The owner or occupier of any (a) 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 trapdoor 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 punishable with a fine of five rupees for each day during which such breach is continued :

Provided that the Town Council of the town 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 trapdoor opening on to any street in any case where such latrine already exists and does not create a nuisance.

(1) All latrines and cesspits within any town shall be under the survey and the control of the Town Council of the town and shall be altered, repaired, or kept in proper order as the Council 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 or occupier 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 Town Council, 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 Council, the Council may cause such latrine or cesspit to be altered, repaired, or put in good order in the manner required; and the expenses incurred by the Council in respect thereof shall be paid by the owner, and shall be recoverable as hereinafter provided.

(1) If any person within any town-

such person shall be guilty of an offence punishable with a fine not exceeding fifty rupees.

(2) In any case falling within paragraph (a) or paragraph (b) of subsection (1), the Council shall cause such alteration to be made in the latrine or cesspit as it may think fit; and the expenses thereof shall be paid by the person by whom such latrine or cesspit was improperly constructed or made, and shall be recoverable from him as hereinafter provided. [* Primary Court has exclusive Jurisdiction under section 33 of the Judicature Act read with Gazette Extraordinary No. 43/4 of 1979-07-02]

(1) The Town Council of a town or any officer authorized by the Council for that purpose may, subject to the other provisions of this Ordinance, inspect any latrine or cesspit within the town, 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 Council 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 Council in any manner contravening the provisions of this Ordinance or the by-laws made thereunder or contrary to the directions of the Council, the expenses of such inspection shall be paid by the person to whom such latrine or cesspit may belong, 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 Ordinance or of the by-laws made thereunder or the directions of the Council, the Council or the authorized officer of the Council 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 Council.

(1) The Town Council of a town or any officer authorized by the Council for that purpose may by written notice require the owner or occupier of any house or building or land within the town, on which is situated a latrine or cesspit which, in the opinion of the Council 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 fifty rupees.

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

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

(b) for securing the due removal at proper periods of all house refuse, and the due cleansing 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 die Town Council of any town is satisfied that any buildings or blocks of buildings situated within the town, whether existing at the date of the constitution of the Council or subsequently erected, are, by reason of the occurrence of an epidemic, or of the manner in which such buildings are crowded together, or of the want of drainage or the impracticability of scavenging, attended with risk to the health of the inhabitants thereof or of the neighbourhood, the Council shall serve a notice on the owners or occupiers thereof, or at its option, on the owner of the land on which such buildings are constructed, within inch reasonable time as may be fixed by the Council for that purpose, to execute such operations, including alteration of such buildings, as the Council may deem necessary for the avoidance of such risk.

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

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

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

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

(3) If any house, hut. shed, or other building of the description referred to in subsection (1 ) is built without the permission required by that subsection, the Chairman shall give notice to the owner thereof, or of the ground upon which such building is erected or constructed, or is being erected or constructed, by affixing a notice to some conspicuous part of such house, hut, shed, or other building, to take down and remove the building forthwith or within such time as the Chairman may specify in the notice.

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

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

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

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

(1) No place in any town, other than a place provided by the Town Council of that town, shall be used as a slaughterhouse, unless a licence for the use thereof as a slaughterhouse has been obtained from the Chairman of the Council, who is hereby empowered at his discretion, from time to time, to grant such licence, and such licence to suspend or revoke as to him may seem necessary.

(2) Every person who uses as a slaughterhouse any place (other than a place provided by the Town Council) which is not licensed under subsection (1), or in respect of which any licence given has been suspended or revoked, shall be guilty of an offence punishable with a fine not exceeding two hundred rupees and with a further fine not exceeding fifty 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 slaughterhouse.

(a) water supply;

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

(c) the supply of electric light or power

(d) markets;

(e) public baths and bathing-places;

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

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

(h) any other form of public service which the Council is authorized to establish, maintain, or provide under any other provision of this Ordinance, or under any other written law;

(i) any other form of public service not specified above, subject to such prohibition or restriction of the establishment and maintenance of that service as may be imposed by any other law.

(1) For the purpose of the establishment or maintenance of any public utility service which a Town Council is authorized to establish or maintain under this Part, the Council may-

(2) It shall be lawful for the Minister to authorize the waiver of the whole or any part of the special rate imposed by the Council under subsection (1) (b) in any past year and any costs incurred for the purpose of recovering that rate where-

(3) Where the Minister has under subsection (2) authorized the waiver of the whole or part of any special rate imposed and any costs incurred for the purpose of recovering that rate, the Council shall-

No person shall have a right to a refund of such amount.

(a) to establish and maintain within the town all such public markets as are required for the service of the inhabitants, and to secure the proper scavenging, washing, disinfecting, and conservancy of all such markets;

(b) to regulate, supervise, and control all private markets within the town which are licensed under this Ordinance.

(1) After the expiration of a period of six months from the date of the constitution of a Town Council for any town, no private market in existence at that date within that town shall continue to be maintained except under and in accordance with the conditions of a licence issued by the Chairman of the Council.

(2) Every application for a licence for an existing private market shall-

(3) Every declaration required by subsection (1) shall be conclusive evidence, as against the owner by whom it is made, With respect to all particulars therein contained in all questions that may arise as to assessment of annual value, fees for licences, compensation, or acquisition

(1) Every licence issued for a private market by a Town Council shall be substantially in the form B set out in the First Schedule and shall be subject to the provisions of this Ordinance, to the by-laws of the Council for the time being in force, and to such special conditions, not inconsistent with such by-laws, as the Chairman may deem it necessary to impose in the circumstances of each case.

(2) Every licence for a private market shall expire on the thirty-first day of December of the year for which it is ranted.

(3) Every licence for a private market shall be renewable annually, and on the occasion of the issue and of every renewal of such licence, there shall be paid to the Council a licence duty of such amount as may be imposed under section 161.

(a) where such market does not conform to the standards prescribed in the Second Schedule, and its owner or occupier neglects or refuses, within such reasonable time as may be fixed by the Chairman, to carry out such alterations, additions, or improvements as are, in the opinion of the Chairman, necessary to bring such market into conformity with the aforesaid standards, subject to such modifications, if any, of those standards as in the circumstances of the case the Town Council may sanction;

(b) where the Town Council is satisfied that owing to the inherent defects of such market or for any other reason such market cannot be so improved as to bring it into conformity with the aforesaid standards or such modification of those standards as the Council may be prepared to sanction;

(c) where the Town Council is satisfied with regard to any private market that owing to its position or for any other reason such market is objectionable from the point of view of sanitation or of the safety or convenience of the public:

(1) In the case of any market provisions will which is of the description referred to in paragraph (b) or paragraph (c) of section 143 and which is proved to the satisfaction of the Town Council to have been carried on for a period of over thirty years prior to the date of the constitution of the Council, the Council may in its discretion, and shall if so directed by the Minister, proceed as follows;-

(2) The rent payable under any lease referred to in subsection (1) shall be such reasonable sum as may be determined by the Council, and shall be revised every five years. For the first period of five years such rent shall not exceed ten per centum of the cost of providing such accommodation, and in the case of every subsequent period of five years, it shall not exceed ten per centum of the average net annual profits derived from the accommodation leased for the previous five years.

(3) If any dispute arises as to the amount of such annual profits, the question shall be determined by the Chairman, subject to an appeal to the Minister.

(4) Should the rent due under any lease referred to in subsection (1) not be paid in accordance with the terms of the lease, or should the lessee or the person for the time being in control of the accommodation leased persistently fail to comply with the conditions of the lease or with any by-laws made under this Ordinance, the Council may, after affording, by notice in writing, the person entitled to the lease an opportunity of being heard, cancel such lease:

Provided that any person aggrieved by any order of the Council under this subsection may appeal to the Minister, and the Minister upon such appeal shall have power to make such order as he shall deem just.

(1) Where a Town Council is satisfied that it is in the public interest that any private market licensed, or qualified to be licensed, under this Ordinance (not being a market to which section 144 applies) should be either-

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

(2) Where any market referred to in subsection (1) is discontinued as a market, the compensation payable, unless otherwise settled by agreement, shall be the difference between the value of the premises if used as a market under this Ordinance and the value of the same premises if used, not as a market, but for any other local purposes to which similar premises in the same locality are or might be put to the best advantage, together with an allowance in respect of the cost of adapting the existing market buildings for any such purpose.

(3) Where any market referred to in subsection (1) is taken over by the Town Council to be maintained as a public market, the compensation payable shall be the value of the premises when used as a market under this Ordinance.

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

(1) In any place within a town in which any public market is established under the control of the Town Council of the town, the Council may by by-law made under this Ordinance assign an area to such market (hereinafter referred to as “the market area”), and may prohibit the sale, otherwise than in accordance with licences issued by the Chairman, of meat, poultry, fish, fruit, or vegetables within such area.

(2) In any case referred to in subsection (1) the Chairman may issue a licence for the sale of meat, poultry, fish, fruit, or vegetables, within the market area, at authorized premises other than such market, and may fix and levy such fees in respect of that licence as may be prescribed by by-law.

(3) In any case in which the Town Council is satisfied that sufficient facilities are afforded for the public requirements of the market area by the public market, or by such market together with other premises earlier authorized under subsection (2), the Council may by by-law made under this Ordinance, prohibit the sale of meat, poultry, fish, fruit, or vegetables within the market area, except at such public market, or, if the Council so determines, except at such market and such other authorized premises.

(4) In any case referred to in subsection (3). the Council may by by-law direct that no licence, or no further licence (as the case may be), shall be issued for the sale of meat, poultry, fish, fruit, or vegetables within the market area, and if the Council determines that no such licence shall be issued, it may (on providing adequate accommodation for the purpose in the public market) require that any person carrying on the sale of any of the said articles within the market area at premises other than the public market shall transfer such sale to the public market.

(5) Nothing in this section shall be deemed to authorize a Town Council by by-law or otherwise to restrict the sale of poultry, fruit, or vegetables by itinerant vendors who do not sell at fixed places, or do not for the purposes of such sale establish themselves on the public roads or other public places.

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

(2) A by-law made by any Town Council may provide the penalty of a fine for any contravention thereof, such fine not exceeding fifty rupees for any one act or omission constituting such contravention, and in the case of a continuing contravention, an additional fine not exceeding twenty-five 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.

(1) No by-law, and no amendment, variation or rescission of any by-law under this Ordinance 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 Ordinance shall be published in the Gazette with the notification required by subsection (1) and upon such publication, every such by-law purporting so to be made shall, subject to the provisions of section 155, be as valid and effectual as if it had been enacted in this Ordinance, and every contravention thereof shall be an offence under this Ordinance.

(1) Procedure, including-

(2) Officers, including-

(3) Taxation, including the recovery of any tax, payable under this Ordinance, for which no other express provision is made, and the rendering of all returns and information that may be required for the purposes of any such tax.

(4) Loans, including-

*(5) The imposition, levy and recovery of rates and charges, including-

(6) Land and property, including-

(7) Thoroughfares, including-

(8) Buildings, building operations, and works, including-

(9) Public health and amenities, including-

(10) Animals, including-

(11) Markets and fairs, public and private, including-

(12) Waterworks, including-

(13) Public services, including all matters necessary for their establishment, maintenance, working, and supply, and for the recovery of charges in connexion therewith.

(14) The measure or dimension of bread, and the regulation of its manufacture and quality.

(15) The regulation of weights and measures.

(16) 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.

(17) All other purposes, whether of the same nature as those above enumerated or otherwise, for which by-laws may be necessary for the protection or promotion of the local public interests, conveniences, and amenities.

(1) Every Town Council for its general financial purposes shall establish a local fund.

(2) There shall be payable into the local fund-

(3) All moneys received by a Town Council and payable into the local fund shall be deposited at the nearest kachcheri or placed to the credit of an account bearing the name of that fund at an approved bank.

In this subsection ” approved bank” means a bank specified by the Minister by Order published in the Gazette as a bank in which the moneys of any Municipal Council, Urban Council or Town Council may be deposited.

(4) Such part of the local fund as may not be immediately required for the purposes of the Council may be invested on any of the securities specified in section 20 of the Trusts Ordinance.

(1) There shall be paid out of the local fund established by each Town Council-

(2) All cheques or orders for payment of moneys out of the local fund shall be signed and issued in such manner as may be prescribed by rules made under section 192.

(1) A Town Council may, with the approval of the Minister given after consultation with the Minister in charge of the subject of Public Administration, grant out of the local fund established by that Council, to any person-

a pension, gratuity, or retiring allowance in respect of any period of his service as such officer or servant for which no pension, gratuity, or retiring allowance or no adequate pension, gratuity, or retiring allowance is payable under any by-laws or rules of that Council or under any pension scheme established or deemed to be established under the Local Government Service Law.

(2) Where no pension, annuity, or gratuity, or no adequate pension, annuity, or gratuity is payable to the widow, children, next of kin or dependants of any deceased officer or servant of a Town Council under any by-taws or rules of that Council or under any scheme or fund established or deemed to be established under the Local Government Service Law, that Council may, with the approval of the Minister given after consultation with the Minister in charge of the subject of Public Administration, grant to such widow, children, next of kin or dependants a pension, an annuity or a gratuity out of the local fund established by that Council.

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

(1) A Town Council may, with the approval of the Minister given with the concurrence of the Minister in charge of the subject of Public Administration, make by-laws providing for the establishment of, and may establish in accordance with such by-laws, a scheme for the payment of gratuities to temporary officers and servants of that Council upon their discontinuance from the service of that Council.

(2) By-laws made under subsection (1) may be so made by a Town Council as to be applicable to temporary officers and servants of that Council who have been discontinued from the service of that Council before the coming into operation of the by-laws.

(1) The Town Council of a town may, subject to such limitations, qualifications, and conditions as may be prescribed by the Council, and subject to the approval of the Minister, impose and levy a rate not exceeding nine per centum of the annual value of any immovable property, or any species of immovable property, situated within the town.

(IA) The Town Council of a town may, in pursuance of its powers under subsection (1), impose and levy different rates for different immovable properties or different species of immovable property according to the services provided by the Council for each such immovable property or species of immovable property. Such imposition of different rates shall be subject to all the limitations, qualifications and conditions referred to in that subsection, and also to the approval of the Minister.

(IB) It shall be lawful for the Minister to authorize the waiver of the whole or any part of the rate imposed by the Council under this section in any past year and any costs incurred for the purpose of recovering that rate where-(a) he is of the opinion that such rate has been imposed without the provision of adequate services; or (b) he determines, with the approval of the Government, that such waiver is just and equitable in all the circumstances of the case.

(1C) Where the Minister has under subsection (IB) authorized the waiver of the whole or part of any rate imposed ,and any costs incurred for the purpose of recovering that rate, the Council shall-

No person shall have a right to a refund of such amount.

(2) Where the Council, in imposing any rate for any year, 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. [* Application modified in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance.- “See section 76 thereof]

(a) all lands or buildings wholly or mainly used for religious, educational, or charitable purposes;

(b) all buildings in charge of military sentries;

(c) all burial and cremation grounds ;

(d) any immovable property which the Council may specially exempt from such rate on the ground of the poverty of the owner. [* Shall not have effect in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance.- “See section 76 thereof]

(1) The Town Council of a town may, subject to such limitations, qualifications, and conditions as may be prescribed by the Council, impose and levy any of the following taxes and licence duties within the town :-

(2) Where the Council, 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 Town Council is authorized to impose by section 161 shall be an annual tax in respect of all or any of the vehicles and animals specified in the Third Schedule, and ordinarily used or to be used within the town for which the Council is constituted, and shall not exceed the respective amounts 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 Council 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 the tax may be found so soon as it has been for thirty days used or kept for use within the administrative limits of the town, 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 the tax has already been paid for the year in which the ownership was transferred.

(6) The Chairman may, in respect of any period not exceeding one year at any one time, accept from any livery stable keeper or other person keeping or using animals for hire such sum as may be determined by the Chairman, in composition of the tax payable in accordance with the Third Schedule on the vehicles or animals kept in such stable or by such person.

(7) Where any vehicle or animal liable to any tax under this Ordinance is used or to be used within the administrative limits of more than one town, such vehicle or animal shall only be liable to one such tax in respect of the town within which it is principally used or to be used, and if any question arises as to the administrative limits within which any vehicle or animal liable to any such tax is principally used or to be used, the question shall be determined by the Commissioner.

(8) Where any vehicle or animal is ordinarily liable to both the tax imposed under section 161 of this Ordinance, and the tax imposed under section 245 of the Municipal Councils Ordinance, or section 162 of the Urban Councils Ordinance, such vehicle or animal shall be liable to only one such tax which shall be payable-

(9) 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 Council shall report the failure to the Magistrate’s Court,* and the court shall proceed to recover the amount due as if it were a fine imposed by the court and shall pay the amount so recovered into the local fund.[* Vide section 32 of the Judicature Act]

(1) The licence duty which a Town Council is authorized to impose by section 161 shall be in respect of each licence granted by the Council authorizing the use of any premises or place for any special purpose in pursuance of this Ordinance or any by-law made thereunder.

(2) The amount of the licence duty shall be such as may, from time to time, be determined by the Council:

Provided that no such duty shall exceed the sum of two hundred and fifty rupees per annum.

(1) For the purpose of the ascertainment of any information which, in the opinion of the Chairman of a Town Council, may be necessary for the due imposition or levy of any rate or tax within the town for which the Town Council is constituted, the Chairman may, by notice or writing, require all persons who are liable 01 may be supposed to be liable to such rate 01 tax, or who may be the owners or occupier; or supposed owners or occupiers of any property with respect to which any rate or tax is imposed or may be imposed under this Ordinance, or if the Chairman shall so think fit, every householder within the town, to render all such returns, and make all such declarations of such particulars and in such form as may be prescribed by by-laws under this Ordinance, or, pending the making of such by-laws, as may be directed by the Council.

(2) All persons on whom any notice under subsection (1) may be served shall fill up in writing, sign, date, and deliver or transmit to the office of the Council any form served with such notice, or furnish any information required thereby, within fourteen days, or such longer time as may be prescribed by by-laws or specified in such notice.

(3) Any person who refuses to accept or who refuses, neglects, or omits duly to fill up and deliver or transmit any form or to furnish any information referred to in subsection (2) within the time prescribed or specified in that behalf, or who negligently renders a return or furnishes any information which is in any material respect inaccurate to the advantage of such person, shall be guilty of an offence punishable with a fine not exceeding one hundred rupees. [$Application modified in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance. See section 76 thereof]

(1) The Chairman of a Town Council may, by notice in writing, summon before him, or before any officer appointed by him in that behalf, any person whom he has reason to believe to be liable to the payment of any rate or tax, or who may be the owner or supposed owner of any property with respect to which any rate or tax is imposed or may be imposed under this Ordinance, or any other person whom he has reason to believe to be able to give any information with respect to any such property, and the Chairman or the officers so appointed may thereupon examine any such person on oath with reference to the said liability, and it shall be the duty of every person so examined to answer truly all questions addressed to him.

(2) Any person who, being summoned under this section, fails without lawful excuse to appear or submit to examination in obedience to the summons, shall be guilty of an offence punishable with a fine not exceeding fifty rupees.

(3) Any statement or declaration made by any person under this section or section 166 with reference to the value of any property in which such person is interested, or as to the value of the interest of such person therein, shall be conclusive evidence in any proceeding or matter in which the value of such property or such interest is in question, as against the person making the statement or declaration, that at the date at, or with reference to, which the statement or declaration was made, the said property or the interest of such person in the said property was of the value attributed thereto in such statement or declaration. [* Application modified in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance.- “See section 76 thereof]

(1) The Chairman of a Town Council, or any officer authorized by him in that behalf, may, for the purpose of ascertaining or verifying any information as to the liability of any person to any rate or tax, at any time between sunrise and sunset enter upon and inspect any premises liable or supposed to be liable to the said rate or tax, or any premises on which any vehicle, animal, or other thing in respect of which any tax is payable is situate, or may be supposed to be situate.

(2) Any person who, without lawful excuse, obstructs the Chairman or officer appointed for the purpose while acting in pursuance of this section shall be guilty of an offence punishable with a fine not exceeding fifty rupees. [* Application modified in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance.”See section 76 thereof]

(1) All rates and taxes imposed and levied by a Town Council under this Ordinance, all rents due in respect of any premises let by a Council, and all fees leviable under any by-law made by a Council, shall, where no other method of recovery is specifically provided by or under this Ordinance or any other enactment, be recoverable in the same manner as rates, taxes and rents are recoverable under the Municipal Councils Ordinance; and all the provisions of sections 252 to 266 of that Ordinance relating to the recovery or the waiver of rates, taxes and rents, and the termination of the tenancy of tenants of the Council shall, with the necessary modifications, apply accordingly.

*(2) Where the lessee or occupier of any immovable property belonging to the State and situated within the limits of any town makes default in the payment of any rates imposed in respect of such property under this Ordinance by the Town Council of that town, and a warrant is issued, in accordance with such of the provisions of law as are made applicable in such case by subsection (1), for the seizure and sale of the movable or immovable property of such lessee or occupier, the officer to whom the warrant is issued may, notwithstanding anything contained in any other written law to the contrary, execute the warrant in any area in which any movable or immovable property of such lessee or occupier may be found, whether such area is within or outside the limits of that town. [* Application modified in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance.”See section 76 thereof]

(1) Where under the provisions of this Ordinance, or any by-law, rule or regulation made under this Ordinance, any duty, fine, penalty, fee or other payment has become due to the Town Council, then, notwithstanding anything to the contrary in any such provision or any such by-law, rule or regulation, it shall be the duty of the secretary of the Council to take all steps necessary to recover such duty, fine, penalty, fee or other payment and credit it to the funds of the Town Council.

(2) Where any rate, tax, rent, fee, duty, toll, fine, penalty or any other payment whatsoever has become due to the Town Council under any written law, other than this Ordinance, or any by-law, rule or regulation made under this Ordinance, then, notwithstanding anything to the contrary in the aforesaid written law, it shall be the duty of the secretary of the Council to take all steps necessary to recover such rate, tax, rent, fee, duty, toll, fine, penalty or other payment and credit it to the funds of the Town Council.[* Shall not have effect in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance.-See section 76 (hereof. Application modified in such areas as may be specified in an Order under section 2 of the Rating and Valuation Ordinance.”See section 76 thereof]

(1) It shall be lawful for a Town Council, subject to the approval of the Minister, to borrow from the Government of Sri Lanka, or any person or persons or body of persons, whether incorporated or not, such sum or sums of money as may be necessary for any of the purposes of the Council;

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

(2) Every loan raised by a Town Council shall be subject to such rate of interest and to such conditions for the repayment thereof as may, where that loan is raised with the approval of the Minister, be approved by the Minister, and, in any other case, be determined by the Council.

(3) For the purpose of securing the repayment of the sum or sums borrowed by a Town Council and the interest accruing thereon, the Council may mortgage and assign to the lender or lenders, by or on whose behalf such sum or sums or any part thereof may be lent, the proceeds of any rate or tax levied or imposed under this Ordinance or any portion thereof, or any property belonging to the Council or any other source of income accruing to the Council or any portion thereof.

(1) The amount at any time outstanding in respect of all loans due from any Town Council (whether raised under the authority of this Ordinance or any other enactment) shall not exceed in the aggregate ten times the fair average annual income received by the Council from all rates, taxes, properties, and other sources of income for the preceding five years, or, in the case of a Town Council which has not been in existence for five years, ten times its income for one year as appraised by the Council, subject to the approval of the Minister:

Provided that in any case in which the liabilities of any Town Council in respect of its loans are wholly or mainly due to the Government of Sri Lanka, the Minister may, by Order published in the Gazette, authorize the limit prescribed by this section to be exceeded to such extent as may be stated in the Order.

(2) All securities given in respect of loans under this Part shall be free of stamp duty.

(1) Every Town Council shall, from time to time, order and direct a book or books, in such form as may be prescribed by the Commissioner, to be provided and kept at its office and true and regular accounts to be entered therein of all sums of money received by the Council and expended for or on account of the purposes of this Ordinance, and of the several articles, matters, and things for which sums of money shall have been disbursed and paid.

(2) The book or books of accounts of a Town Council shall not for any reason or under any pretence whatsoever be taken from the office of the Council, except by process of a competent court.

(3) The book or books of accounts of a Town Council shall at all reasonable times be open to the inspection of the members of the Council, and every householder resident within the town administered by the Council, and any member of the Council or any such householder may take copies of or extracts from such book or books free of all charges.

(1) Every Town Council shall cause to be prepared in writing, in the month of January in each year, or within such other period as the Council, with the sanction of the Commissioner, may direct, a true account of all the moneys received and paid by virtue of this Ordinance during the year ending on the thirty-first day of December next preceding or such other period of twelve months as the Council, with the sanction of the Commissioner, may direct, and a statement of the assets and liabilities existing at the said date, and a copy or duplicate of such account and statement verified on oath before any Justice of the Peace by the Chairman of the Council, or such other officer of the Council as it may appoint for the purpose, and certified by one of the members to be correct, shall be deposited with the Council, and shall be open to the inspection of any householder resident within the town administered by the Council or any party interested.

(2) An abstract of the account and statement referred to in subsection (1) shall be published in the Gazette for general information before the first day of March following, or before such other date as the Council, with the sanction of the Commissioner, may direct.

(1) The Chairman of every Town Council shall, each year, on or before such date as may be fixed by by-laws of the Council or by rules made under section 192, prepare and submit to the Council a budget for the next succeeding year in such form as may be prescribed by the Commissioner, and containing-

(2) Whenever it is necessary to introduce any new item or items of expenditure during the course of any year, the Chairman shall prepare and submit to the Council a supplementary budget containing details of the proposed expenditure.

(3) A copy of every annual budget or supplementary budget of a Town Council shall be open to inspection at the Town Council office.

(1) The Chairman of every Town Council shall, as soon as may be after the close of each financial year, prepare a detailed report of the administration of the Council during such financial year, with a statement showing the nature and amount of receipts and disbursements on account of the local fund during that year.

(2) The report and statement required by subsection (1) shall be in such form as may be prescribed by the Commissioner, and shall be submitted to the Council, and, together with any resolutions that may have been passed thereon by the Council, shall be submitted to the Minister through the Commissioner within six weeks of the date when they were first submitted to the Council, or within such other period as the Council, with the approval of the Commissioner, may determine.

(1) The accounts of every Town Council shall be audited during each half of the financial year by Government, and every Town Council shall, in respect of each audit for any half of any financial year, pay to Government as a contribution towards the cost of such audit a fee computed in the manner following, that is to say:-

(2) For the purposes of any audit and examination of accounts under this Ordinance, the auditor may. by notice in writing, require the production before him of any books, deeds, contracts, accounts, vouchers, and any other documents and papers which he may deem necessary, and may require any person holding or accountable for any such books, deeds, contracts, accounts, vouchers, documents, or papers to appear before him at any such audit and examination or adjournment thereof, and to make and sign a declaration in respect of the same.

(3) If any person neglects or refuses to produce any book, deed, contract, account, voucher, document, or papers, or to make or sign any declaration when required so to do under subsection (2), he shall be guilty of an offence punishable with a fine not exceeding one hundred rupees, and a further fine not exceeding fifty rupees for each day during which the offence is continued after he has been convicted of such offence.

(1) Every auditor acting in pursuance of this Part shall disallow every item of account 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 accounting 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 every case certify the amount due from such person.

(2) Before making any surcharge or disallowance, the auditor shall afford an opportunity to the person against whom such surcharge or disallowance is made, to be heard or to make any representations with reference to any matter which he may think fit, and shall, in the event of his making such surcharge or disallowance, on application by any such person, state in writing the reason for his decision in respect of such disallowance or surcharge.

(1) Any person aggrieved by any disallowance or surcharge may appeal against such decision to the Court of Appeal, and the Court of Appeal may either confirm such disallowance or surcharge, or, if it is of opinion that such disallowance or surcharge is not in accordance with law, may modify or set aside such disallowance or surcharge accordingly.

(2) Every appeal under subsection (1) shall be presented, prosecuted, and enforced within the time and in the manner and subject to the rules prescribed for and observed in appeal from interlocutory orders of District Courts, and all proceedings in connection therewith shall be subject to the same stamp duties as appeals from District Courts.

(3) In lieu of an appeal under subsection (1) any person aggrieved may, within thirty days of the date of the decision of the auditor duly communicated to him, appeal from such decision to the Minister, and it shall be lawful for the Minister, upon any such appeal, to decide the question at issue according to the merits of the case, and if the Minister finds that any disallowance or surcharge has been lawfully made, but that the subject-matter thereof was incurred under such circumstances as to make it fair and equitable that the disallowance or surcharge should be remitted, the Minister may direct that such disallowance or surcharge shall be remitted on payment of the costs, if any, which may have been incurred by the auditor in the enforcing of such disallowance or surcharge. Any amount directed to be recovered from any such person under any order made by the Minister may forthwith be recovered by the Commissioner or any person authorized in writing in that behalf by the Commissioner in the same manner as any sum certified to be due by an auditor is recoverable under the provisions of this section.

(4) No expenses paid by any Town Council shall be disallowed by the auditor, if such expenses have been sanctioned by the Minister.

(5) Every sum certified to be due from any person by an auditor under this Ordinance shall be paid by such person to the Commissioner within fourteen days after the sum has been so certified, unless there is an appeal against the decision, and if such sum is not so paid and there is no such appeal, it shall be the duty of the Commissioner or any person authorized in writing in that behalf by the Commissioner to recover the sum from the person against whom the sum has been certified to be due, and any sum so certified to be due may, on application to the Magistrate* having local jurisdiction, be recovered in the same manner as a fine imposed by such Magistrate,* together with all costs and expenses incurred in connection with the enforcement thereof. [* Vide also section 32 of the Judicature Act]

(6) Every sum paid or recovered under this section, other than any sum so paid or recovered as costs and expenses incurred in the enforcement of any disallowance or surcharge, shall be credited to the local fund of the Council.

(1) If at any time the Minister is satisfied that there is sufficient proof of-

on the part of the Chairman or on the part of any Town Council or any of the members thereof, the Minister may as the circumstances of each case may require, by Order published in the Gazette-

and such Order shall as soon as may be convenient be laid before Parliament.

(IA) The Minister shall before making an Order under subsection (1), appoint for the purpose of satisfying himself in regard to any of the matters referred to in subsection (1), a retired judicial officer to inquire into and report upon such matter within a period of three months, and such officer shall in relation to such inquiry have the powers of a commission of inquiry appointed under the Commissions of Inquiry Act.

(IB)

(2) Every Order made under subsection (1) shall contain such directions and such supplemental, consequential and incidental provisions as may be necessary for the purpose of giving effect to the Order, and shall, on publication in the Gazette, have the force of law.

(3) Where the Minister removes the Chairman of a Town Council from office by Order under subsection (1), the Chairman shall be deemed to vacate forthwith the office of member of the Council as well as the office of Chairman and the provision of written law for the time being applicable on that behalf shall thereupon apply.

(4) Where the Minister removes any member of a Town Council from office by Order under subsection (I), and a new member in pursuance of such Order is elected in place of the member so removed, the new member shall go out of office on the date on which the original member would have gone out of office if he had not been removed from office by the Minister.

(4A)

(5) Where the Minister dissolves a Town Council by Order under subsection (1), he may by the same or any subsequent Order-

(6) Where the Minister appoints any Special Commissioner or Commissioners to administer the affairs of a town upon the dissolution of the Town Council of that town, such Special Commissioner or Commissioners shall be the successor or successors of the dissolved Council and all the property and the rights under contracts and all the powers vested in the Town Council or its Chairman by this Ordinance or any other written taw shall be deemed to be vested in such Special Commissioner or Commissioners, and all the liabilities and duties of the Town Council or its Chairman under this Ordinance or any other written law shall be deemed to be transferred to and shall be discharged by such Special Commissioner or Commissioners, until the end of the period stated in the Order or until the Minister otherwise directs and the provisions of sections 233 to 240 shall, with the necessary modifications, apply in the case of the appointment of the Special Commissioner or Commissioners in the same manner as if every reference in those sections to a Town Council were a reference to the Special Commissioner or Commissioners and as if every reference in those sections to a local authority or authorities were a reference to the dissolved Town Council.

(7) At any time after the appointment of a Special Commissioner or Commissioners to administer the affairs of a town upon the dissolution of the Town Council for that town, the Minister may, by Order published in the Gazette,-