Act No 15 of 1987
Act No 15 of 1987
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF PRADESHIYA SABHAS WITH A VIEW TO PROVIDE GREATER OPPORTUNITIES FOR THEPEOPLETO
PARTICIPATE EFFECTIVELY IN DECISION-MAKING PROCESS RELATING TO ADMINISTRATIVE AND DEVELOPMENT ACTIVITIES ATALOCALLEVEL
TO SPECIFY THE POWERS, FUNCTIONS AND DUTIES OF SUCH SABHASAND TO PROVIDE FORMATTERSCONNECTEDTHEREWITHORINCIDENTAL
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:
Short title and date of operation .
1.This Act may be cited as the Pradeshiya Sabhas Act, No. 15 of 1987, and shall come into operation in respect of
all or any of its provisions on such date or dates as the Minister may appoint by Order published in the Gazette.
CONSTITUTION OF PRADESHIY A SABHAOS
Constitution of Pradeshiya Sabhas.
2. (1) The Minister may, with a view to facilitating theeffectiveparticipationofthepeoplein
local government and development functions, by Order published in the Gazette declare any area to be a Pradeshiya Sabha
area for the purposes ofthisActandshalldefinetheadministrativelimitsoftheareasodeclared.The
administrative limits of every Pradeshiya Sabha area so declared shall, as far as possible, correspond to limits ofan
Assistant Government Agent's division excluding any areas comprised in a Municipality or a town (within the meaningof
the Urban Councils Ordinance) which falls within the limits of such Assistant Government Agent's division. The Minister
may by the same Order or by a subsequent Order, constitute a Pradeshiya Sabha for such Pradeshiya Sabha area and assign
a name to such Sabha.
(2) Every Pradeshiya Sabha constituted by an Order under subsection (1) shall beabodycorporate
with perpetual succession and a common seal and shall have power, subject to the provisions of thisAct,toacquire,
hold and sell property and may sue and be sued in such name.
(3) The common seal of the Pradeshiya Sabha shall remain in the custody oftheSecretaryofsuch
Sabha, and shall not be affixed to any contract or other instrument on behalf of the Pradeshiya Sabha,exceptinthe
presence of the Chairman and the, Secretary of such Sabha, who shallsigntheirnamestosuchcontractorother
instrument in token of their presence.
(4) No act or proceeding of a Pradeshiya Sabha constituted by an Order undersubsection(1)shall
be deemed to be invalid by reason only of the existence of a vacancy among its members or any defect in the election of
a member thereof.
Functions of the Pradeshiya Sabhas.
3. The Pradeshiya Sabha constituted for each Pradeshiya Sabha area shall be thelocalauthoritywithinsuch
area and be charged with the regulation, control and administration of all matters relating topublichealth,public
utility services and public thoroughfares and generally with the protection and promotion of thecomfort,convenience
and welfare of the people and all amenities within such area.
Members of Pradeshiya Sabhas.
4.A Pradeshiya Sabha constituted by an Order under subsection (1) of section 2, shall consist of a Chairman,Vice-
Chairman and such number of elected members as may be determined by the Minister by OrderpublishedintheGazette,
having regard to the extent, population and the level of economic development of the Pradeshiya Sabhaareaforwhich
such Pradeshiya Sabha is constituted.
Term of office of members.
5.(1) The term of office of each member of a Pradeshiya Sabha elected at a general election shall
(a) in the case of the first general election be calculated from the date specified by the Minister undersection6
(b) in the case of a member elected at a general election subsequent to the firstgeneralelection,becalculated
from the date of expiration of the term of office of the members of the immediately precedingPradeshiyaSabha,
and shall, unless such member vacates office earlier by death, resignation or removal be for a periodofforty-
(2) The Minister may, by Order published in the Gazette-
(a) curtail the term of office referred to in subsection (1) by appointing, in substitution forthedateonwhich
the term of office expires, a day of any month preceding the month on which such term of office expiresinthat
year or in the year immediately preceding that year
(b) extend such term by appointing, in substitutionforthedateonwhichthetermofofficeexpiresunder
subsection (1) or on the date appointed under paragraph (a) of this subsection a day of any month aftertheday
on which the term of office expires in that year or in any year subsequent to the year so specified orappointed
and thereafter from time to time extend such term by appointing in substitution for the date ofexpiryofsuch
term specified in the last Order, a later date:
Provided, however, that the period by which such term is extended or the aggregate of the periods by whichsuch
term is from time to time extended shall not exceed twelve months.
(3) Where a member is elected in place of a member of a Pradeshiya Sabhawhodies,resignsorotherwisevacates
office, he shall subject to the provisions of this Act,holdofficefortheunexpiredperiodofofficeofhis
Commencement of term of office of Pradeshiya Sabha and date
6.The term of office of each Pradeshiya Sabha to be constituted under this Act shall commence on such dateasthe
Minister may appoint by Order published in the Gazette. Such date shall be deemed to be the date of the constitution of
such Pradeshiya Sabha for all purposes of this Act, and such Pradeshiya Sabha shall be deemed to be constituted on that
Vacation of office .
7.Any member of a Pradeshiya Sabha who without leave of the Pradeshiya Sabha firsthadandobtainedfailstoattend
meetings of the Pradeshiya Sabha for a period of three months shall ipso facto vacate his office.
Chairman and vice Chairman.
8.(1)The Chairman of a Pradeshiya Sabha shall be the chiefexecutiveofficerofthePradeshiyaSabha,andall
executive acts and responsibilities which are by this Act or any other written law directed or empowered to be doneor
discharged by the Pradeshiya Sabha may, unless the contrary intention appears:from the context, be done or discharged
by the Chairman.
(2) The Chairman may by order in writing delegate to the Vice-Chairman or Secretaryoranyotherofficerofthe
Pradeshiya Sabha any of the powers, duties or functions conferred or imposed upon or vested in the Chairman by this Act
or any other written law.
(3) The exercise, discharge or performance by the Vice ChairmanortheSecretaryoranyotherofficerofthe
Pradeshiya Sabha of any Dower, duty or function delegated to him by order of the Chairman, shallbesubjecttosuch
conditions and restrictions and limited to such purpose or purposes as may be specified intheorder:andanysuch
delegation on may at any time be varied or cancelled by order of the Chairman.
(4) During the period of absence of the Chairman on a count of illness or other unavoidable cause, the ViceChairman
may exercise the same powers and perform the same duties as the Chairman.
Appointment, powers and duties of Secretary.
9.(1)There shall be appointed a fit and proper person to be or to act as the Secretary of the Pradeshiya Sabha.
(2) The Secretary of a Pradeshiya Sabha shall be the chief administrative officer of the Pradeshiya Sabhaandshall
exercise, perform and discharge such powers, duties and functions as are conferred or imposed upon him by thisActor
any rules made under this Act or by any other written law for the time being in force.
(3) Where a Pradeshiya Sabha is unable to discharge itsfunctionsbyreasonoftheChairmanandVice-Chairman
ceasing to hold office, the Secretary shall, during any period that elapses between the occurrence of the vacanciesin
respect of those offices and the filling of those vacancies in accordance with the provisions of the LocalAuthorities
Elections Ordinance, have, exercise perform and discharge all therights,privilege,powers,dutiesandfunctions
vested in or conferred or imposed on, the Pradeshiya Sabha, the Chairman or Vice-Chairman by this Act orbyany'other
Chairman or Vice Chairman to preside at meetings of the Pradeshiya Sabha.
10. The Chairman or in his absence the Vice-Chairman shall preside at all meetings of thePradeshiyaSabhaandif
both the Chairman and Vice-Chairman are absent, the members present shall elect one of their own number topresideat
11. (1)Ordinary meetings of a Pradeshiya Sabha shall be held for the despatch of businessonsuchdatesoratsuch
intervals as may be fixed by by-laws or rules made or deemed by any written law to have been made under this Act.
(2) A special meeting of a Pradeshiya Sabha may be convened by the Chairman whenever he considersitdesirableand
shall be convened whenever a written requisition is presented to him signed by members ofthatPradeshiyaSabhanot
less in number than the quorum prescribed for ordinary meetings of the Pradeshiya Sabha.
(3) The special meeting in compliance with any requisition shall be convened within seven days of the receipt ofthe
requisition in by the Chairman.
(4) If the Chairman of any Pradeshiya Sabha refuses or willfully neglects to convene a special meetingwithinseven
days of the receipt of any requisition persisted to him, it shall be lawful for the Assistant Commissioner to convene a
special meeting at any time thereafter and to preside or to depute a public officer to preside over that meeting.
(5) Not less than two days notice of the date appointed for each specialmeetingunderthissectionandofthe
business to be transacted thereat shall be given to, or left at the residence of, each member of that Pradeshiya Sabha.
Pradeshiya Sabha to appoint Committees.
12. (1) A Pradeshiya Sabha may, from time to time, appoint committees consistingeitherofmembersoftheSabhaor
partly of members of the Sabha and partly of other inhabitants of the Pradeshiya Sabha area, and of the Chairman of the
Gramodaya Mandalayas established within such Pradeshiya Sabha area for the purpose of advising the Sahha with reference
to any of its powers, duties and functions, 'Or any matter under the consideration of the Sabha, and may, from timeto
time, subject to such conditions as it may determine, delegate any of its powers and duties tosuchcommitteesother
than the power to raise any loan, to levy any rate or to impose any tax.
(2) A separate Committee shall be appointed under subsection (1) to advice the Pradeshiya Sabha on each of the
(a) finance and policy making
(b) housing and community development
(c) technical servicesand
(d) environment and amenities.
Subject to the foregoing, any number of Committees may be appointed under subsection (1).
13. The quorum for any meeting of a Pradeshiya Sabha shall be one-third of the number of members in office on thedateof
that meeting. Where one-third of such number is an integer and fraction, the integer immediately higher to that integer
and fraction shall be deemed to be the one-third for the purposes of this section.
Powers of Pradeshiya Sabhas to be vested in the majority.
14. (1) All matters or questions authorized by this Act or by any other written law to be decided by aPradeshiyaSabha
shall be decided upon by the majority of members present at any meeting of the Pradeshiya Sabha held in accordance with
the provisions of this Act
(2) Where the votes of the members present at any meetingareequallydividedinregardtoanyquestion,the
Chairman, Vice-Chairman or other member presiding at the meeting shall, in addition to his vote asamember,havea
15. All proceedings, decisions, orders and acts of a Pradeshiya Sabha shall be entered inabookofminutes,andupon
their confirmation -with such amendments as may be necessary at the next succeeding meeting ofthePradeshiyaSabha,
shall be signed by the Chairmanand a copy certified by the Chairman, of any record so entered andsigned,shallbe
admissible in evidence in any court or tribunal in Sri Lanka.
STATUS, POWERS AND DUTIES OF PRADESHIYA SABHAS
Vesting of movable ad immovable property and assets and liabilities in a Pradeshiya Sabha.
16. (1) All such movable or immovable property vested in a Development Council and situated or used, in PradeshiyaSabha
area, on the day preceding the date a pointed under section 1, as may be determined by the Minister or byanyofficer
authorized in that behalf in writing shall vest in the Pradeshiya Sabha constituted forsuchPradeshiyaSabhaarea,
with effect from the date of such determination.
(2) Any dispute as to whether any movable orimmovablepropertyisamovableorimmovablepropertytowhich
subsection (1) applies, shall be referred to the Secretary to the Ministry of the 'Minister andhisdecisionthereon
shall be final.
(3) All assets and liabilities acquired, or incurred,byaDevelopmentCouncilintheexerciseofitslocal
government powers with respect to a Pradeshiya Sabha area, shall, with effect from the date appointed under section1,
stand transferred to, and vest in, the Pradeshiya Sabha constituted for that Pradeshiya Sabha area.
(4)All rates, taxes, duties, fees or other charges levied, byaDevelopmentCouncil,undertheTownCouncils
Ordinance or the Village Councils Ordinance or any other law relating to local government, in respect ofanylandor
thing in a Pradeshiya Sabha area and remaining unpaid on the date appointed under section 1, shall bepaid,fromand
after that date, to the Pradeshiya Sabha constituted for that Pradeshiya Sabha area.
Methods of vesting administration &c. of such land.
17. (1) A vesting order, certificate or other record, signedbythepersonsauthorizedtomakeoveranyproperty
referred to in section 16 and by an officer of the Pradeshiya Sabha authorized to receive or acceptsuchpropertyon
behalf of a Pradeshiya Sabha shall be sufficient, and shall be deemed at all times to have been sufficient to vest such
property and all rights, title and interest in such property in such Pradeshiya Sabha.
(2) Nothing in section 16 or in the provisions of this section shall be deemed
(i) to affect or prejudice any right or title of the state to any such property, or the right of theStateat
any time to resume or dispose of such property for public purposesor
(ii)to affect or prejudice any right, title or interest which any military or other authority, inwhichlands
are vested an behalf of the State, has or may have in such propertyor
(iii) to empower the Pradeshiya Sabha to sell or otherwise dispose of any such property otherwisethanin
accordance with such terms and conditions as may be set out in the aforesaid vesting order, certificate orother
record relating to such property
(3) All property vested in Pradeshiya Sabhas shall be administered, and the revenue thereofshallbeemployedand
made use of, for the purposes of this Act.
Other property vested in Pradeshiya Sabhas.
18. There shall be further vested in each Pradeshiya sabha for the purposes of this Act, the following classes of property
(a) all public parks, gardens and open spaces acquires by or otherwise transferred to the Pradeshiya Sabha, and
all erections and other structures therein and the equipment thereof, subject always to the terms of any trust or
the conditions in any instruments by which any such property may have been transferred to the Pradeshiya Sabhas
(b) all public roads, streets, canals and bridges except such roads, streets, canals and bridges vested isany
other authority under any other enactment together with the lands used for thepurposesthereof,andallthe
pavements, stones and other materials thereof, and also all erections, materials,implementsandotherthings
(c) all public markets and all works, erections or structures for the benefitorconvenienceofthepublic
which may be constructed, erected of provided under this Act, or which may havebeenconstructed,providedor
erected under any repealed enactment, or may be otherwise transferred, or have been transferred to the Pradeshiya
Sabhas' and all sites, appurtenances, materials, furniture and equipment thereof,subjectalwaystoanysuch
trust or condition as aforesaid
(d) all other public buildings constructed or provided in whole or in part out of the funds ofthePradeshiya
Sabha or which may be otherwise transferred to the Pradeshiya Sabha, and all the sites, appurtenances, materials,
furniture, and equipment thereof, subject always to any such trust or condition as aforesaid
(e) the property of and in all the lamps, lampirons, lamp posts, sluices, dams, pipes,posts,chains,piles,
rails and other similar erections and things in, about, or belonging to the roads,streets,andpublicplaces
vested in the Pradeshiya Sabha and of and in all the materials, furniture and things belonging thereto, except in
so far as the same shall be otherwise regulated by contract with the Sabha or shallbeotherwiseshowntobe
private property or subject to private rights.
Powers of the Pradeshiya Sabha.
19. (1) For the purpose of the performance of its duties under this Act, a Pradeshiya Sabha(withoutprejudicetoany
other powers specially conferred upon it) shall, subject to the other provisions of this Actandtoanyrulesmade
thereunder and the Local Government Service Law, No. 16 of 1974, have the following powers:
(i) to create all such posts or offices as it may deem necessary and to assign to any such post or office, such
salary, allowance or remuneration as the Pradeshiya Sabha may deem fit, subject however, to the prior approval in
writing of the Commissioner regarding such creation and assignment of salary
(ii)to make appointments to any post or office in the service of the Pradeshiya Sabhas
(iii)to remove any officer or servant of the Pradeshiya Sabha
(iv) to abolish any post or office in the service of the Pradeshiya Sabha
(v) to grant pensions to officers and servants of the Pradeshiya Sabha on their retirement from service
(vi)to enter into any agreement with any otherPradeshiyaSabhaorotherlocalauthorityforthejoint
execution of any work or for the employment and remuneration of any officer or servant, of such PradeshiyaSabha
(vii) to spend any part of the Pradeshiya SabhaFundonmaternityandchild-welfareservices,health
education, maintenance of primary health centres, the training of midwivesforthepurposeofanymaternity
service established by the Pradeshiya Sabha, housing schemes, such charities or such measures for thereliefof
distress caused by rain, floods, gales, fire, earthquake, famine or epidemics, or such other purposeasmaybe
approved by the Minister
(viii) to purchase or take on lease any land or building
(ix)to receive and hold property in trust for the in habitants oftheareaforwhichsuchPradeshiyaSabhais
constituted or any section of such inhabitants, or for the purposes of any publicserviceadministeredbythe
Pradeshiya Sabha, and to otherwise act as trustee for any public purpose
(x) to sell or exchange with the prior approval in writing of the Minister, any land or buildingbelongingto
the Pradeshiya Sabha or vested in it otherwise than by virtueofsection16andsubjecttothetermsand
conditions of the instrument by which such land or building was transferred to the Pradeshiya Sabha
(xi)to let or lease with the prior approval in writing of the Minister, any landorbuildingvestedinthe
Pradeshiya Sabha by virtue of section 16 or section 18 and not required for a public purpose and subjecttothe
terms and conditions of the instrument by which such land orbuildingwastransferredtoorvestedinthe
(xii) to let or lease any land or building belonging to the Pradeshiya Sabha or vested insuchPradeshiya
Sabha, otherwise than by virtue of section 16 or section 18 and subjecttothetermsandconditionsofthe
instrument by which such land or building was transferred to or vested in the Pradeshiya Sabha Provided that no
lease of any such land or building for a period exceeding threeyearsshallbeexecuted,withouttheprior
approval in writing of the Minister
(xiii)to enter into any contract with any person for an ' work to be done, service to be rendered, goods or
materials to be supplied
(xiv) to spend any part of the Pradeshiya Sabha Fund for the constructionoralteration,improvementor
maintenance of village works, and for the purpose of administering any propertyvestedinoracquiredbyor
otherwise transferred to the Pradeshiya Sabha, or of carrying out the provisions of this Act or anyby-lawmade
or deemed by virtue of any written law to have been made thereunder
(xv)to establish ferries, to impose and to levy or to lease the right to collect tolls at any ferry established
or maintained by the Pradeshiya Sabha, and for the protection of such ferry,toprohibitorrestrictprivate
ferries by by-laws made in that behalf
(xvi) in the case of a ferry establishedormaintainedbetweenanyplacewithinthelimitsofany
Pradeshiya Sabha and any place within the limits of any otherPradeshiyaSabhaorwithintheadministrative
limits of any other local authority, to distribute the tolls that may be imposed or levied in respect of any such
ferry, in such manner or proportion as may be fixed by agreement entered into with any other Pradeshiya Sabhaor
with such local authority, as the case may be, and to spend any part of the Pradeshiya Sabha Fund for any work of
construction or maintenance to be carried out beyond the limits of the Pradeshiya Sabha area inconnectionwith
any such ferry
(xvii)to spend any part of the Pradeshiya Sabha Fund in the conduct of experiments in agricultureandthe
breeding of domestic animals and in the maintenance of experimental forms and studies for that purpose
(xviii) to spend any part of the Pradeshiya Sabha Fund in the promotion of religionareculture,including
the making ('If contributions towards the costs of the organization of religious ceremoniesandfestivals,the
maintenance of Dhamma Schools andSasanaRakshakaMandalayas,theestablishmentofculturalcentres,the
organization of literary and cultural festivals, the publication of books of literary and cultural value 3pdthe
award of prizes to artists, authors and craftsmen
(a) prepare and submit to theappropriateauthority,aprogrammefortheprovisionofeducational
facilities, such as buildings, furniture, playgrounds,hostels,teachersquarterssportsmaterialsand
library facilities, in the Pradeshiya Saoha area
(b) recommend to the appropriate authority, the opening, closing, amalgamation, naming andupgradingof,
schools in the Pradeshiya Sabha area
(xx)to organize employment programmes for the inhabitants of the Pradeshiya Saoha area
(xxi) to implement any scheme or work delegated to itbytheDevelopmentCouncilestablishedforthe
administrative district within the limits of which the Pradeshiya Sabha area is situated
(xxii)to spend any part of the Pradeshiya Sabha Fund, in promoting ruralwomen'sdevelopmentactivities,
integrated development of selected villages, community developmentprojects,andinmakinggrantstorural
development projects, Gramodaya Mandalayas and rural development organizations qualifiedtoberepresentedon
(xxiii) to spend any part of the Pradeshiya Sabha Fund, in theprovisionofrelieftopoorpeople,the
rehabilitation and care of destitute persons and physically, mentally or socially handicapped persons
(xxiv) with the prior approval of the Minister
(a) to engage in commercial andindustrialenterprisesforthemanufactureandproductionofsuch
machinery, equipment, articlesmaterials and goods, as may be requiredforthepublicservicesorthe
public utility services, as the case may be, which maybeestablishedandmaintainedbyanyMunicipal
respectively, or under any other written lawand
(b) to sell such machinery, equipment, articles, materials or goods toanyUrbanCouncilorMunicipal
Council or to the public at such prices as may be determined by the Pradeshiya Sabhaandapprovedbythe
(xxv) to make by its officers authorized in that behalf and the servants or workmen accompanying them,allsuch
entries into lands and buildings and inspections thereon as may be necessary for the detection andabatementof
nuisance, the detection prevention and abatement of all contraventions of this Act or of by-lawsorrulesmade
thereunder, or for the performance of acts required to be done under this Act in respect of whichtheowneror
occupier is, or may be deemed to be, in default
(xxvi)by its Chairman or other officers authorized by him, to hold all inquirieswhichtheChairmanmay
deem necessary for any of the purposes of this Act, and for the purpose ofallsuchinquiries,toadminister
oaths and summon witnesses
(xxvii) to set aport such contributions from the Pradeshiya Sabha and as the Minister may approve towards the
cost of any association of local authorities for the consideration of matters relating to local administration
(xxviii)to spend any part of the Pradeshiya Sabha Fund in the payment of allowances totheChairman,Vice-
Chairman and other members at such rates as may be prescribed by rules
(xxix)to spend any part of the Pradeshiya Sabha Fund in the payment of travelling allowances to membersof
the Pradeshiya Sabha, for attendance at meetings of the Pradeshiya Sabha,ortomembersorofficersofthe
Pradeshiya Sahha attending, with the approval of the Pradeshiya Sabha any meeting orconferenceofmembersor
officers of Pradeshiya Sabhas for the consideration of matters relating to local administration
(xxx) to institute or defend any legal proceedingswhichthePradeshiyaSabhamaydeemnecessaryto
institute or defend for the purpose of enforcing or protecting the rights ofthePradeshiyaSabhaorofthe
public or of protecting its members or officers in the execution or intended execution of their duties
(xxxi)to enforce by-law made or deemed to have been made by it under this Act and to enter prosecutionsin
the Magistrate's Court for breaches of such by-lawsand
(xxxii) generally to do all things necessary fortheeffectiveexerciseofthepowersanddutiesofthe
(2) (a) The Minister may approve any commercial or industrial enterprise under paragraph (XXIV) ofsubsection(1)
having regard to
(i) the economic viability of such enterprise
(ii)the benefits that may accrue to anyPradeshiyaSabhaandthepublicbytheoperationofsuch
(iii) the financial position of the Pradeshiya Sabha engaging in such enterprise.
(b) No sums of money appropriated or granted to a Pradeshiya Sabha by Parliament under paragraph (c) or (d)or
(i) of subsection (2) of section 129 shall beutilizedbysuchSabhaforthepurposeofestablishingor
maintaining any commercial or industrial enterprise.
(c) Where the Minister is of theopinionthatthecontinuedoperationofanycommercialorindustrial
enterprise of any Pradeshiya Sabha would be prejudicial to the interest of such Sabha by reason ofmismanagement
or that it is likely to involve financial loss to the Sabha, he may, after consultation with the Sabha, byOrder
published in the Gazette terminate the operation of such enterprise and direct the Sabha to takechargeofall
books, records and assets of the enterprise and to take such measures that may be necessarytogiveeffectto
(3) The Minister or the Commissioner may, from time to time, give any Prardeshiya Sabha engaged in any commercialor
industrial enterprise general or special directions as to the carrying on ortransactionofitsbusinessandsuch
directions shall be carried out by the Sabha.
(4) The Minister or the Commissioner may, from time to time, direct the Sabha in writing to furnish him in suchform
as he may require, returns, accounts and other information with respect to the business ofsuchenterprise,andthe
Sabha shall carry out recovery such direction.
Power to authorize surveys.
20. (1) Whenever it appears to the Chairman of any Prndeshiya Sabha that an examination or a survey of any privateland,
building, or premises is necessary for any public purpose in the area for which the Pradeshiya Sabha is constituted, it
hall be lawful for the Chairman to direct any officer or servant of the Pradeshi a Sahha to makesuchexaminationor
survey, and it shall thereupon ,be lawful for such officer or servant and his workmen to enter such land,buildingor
premises and to do thereon all of the following acts:
(a)to make a survey and to take levels
(b)to dig or bore into the sub-soil
(c) to do other acts to ascertain whether the land, building,orpremisesisorareadaptabletosuchpublic
(d) to set out the boundaries of any land which is to be acquired, or street lines, or the linesofanywork
proposed to be carried out
(e) to make such levels, boundaries, or lines, by placing permanent marks on existing buildings, trees,posts,
wa11s, fences or other fixed objects, or by fixing new marks, or by cutting trenches as the case may require
(f) and where otherwise a survey cannot be complete or levels taken, or the boundaries and the line marked,to
cut down, and clear away any obstructions interferon with the execution of such work.
(2) Where any damage is caused to any land or to anything thereon by the performance of any of the actsreferredto
in subsection (1), fun compensation shall be paid by the PradeshiyaSabhatotheownerorotherpersonentitled
(3) No person shall enter any building or any enclosure attached to a dwelling house for the purposesofsubsection
(1) except with the written consent of the occupant thereof, or it such consent is withheld with thewrittensanction
of the Chairman of the Pradeshiya Sabha.
(4) Every mark fixed on any land under this section shall be deemed to Le the property of the Pradeshiya Sabha.
POWERS AND DUTIES AS TO THOROUGHFARES
Pradeshiya Sabha to be the general authority for thorough fares and communications.
21. (1) Subject to the powers and responsibilities by law committed to any other authority, thePradeshiyaSabhashall
be the general administrative authority for the purpose of all thoroughfares and communications, otherthanprincipal
thoroughfares, within its administrative limits, with all such powers as are vested in it under this Act,theHousing
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 intheGazette,
the Pradeshiya Sabha shall be the administrative authorityforthepurposesoftheprotectionofanyprincipal
thoroughfare that may be situated within its area, and shall be entitled for such purpose toexerciseorperformin
relation to any such principal thoroughfare, any of the powers or duties conferred or imposedbysections43to67
thoroughfares, injuries to thoroughfares and nuisances on thoroughfares.
General powers of Pradeshiya Sabha with regard to thorough fares and open spaces.
22. Subject to the powers and responsibilities by Jaw belonging to any otherauthority,itshallbethedutyofthe
Pradeshiya Sabha and every such Pradeshiya Sabha is hereby empowered, to take all necessary measures forsecuringand
maintaining all public rights, interests, and amenities arising out of, or in connection with, allthoroughfaresor
upon spaces within its area and for utilizing, regulating, adapting, and developing such thoroughfares oropenspaces
for public purposes.
Thorough fares vested in Pradeshiya Sbaha.
23. All thoroughfares within the Pradeshiya Sabba area, other than principalthoroughfares,exceptinsofarassuch
thoroughfares are already vested by virtue of any other enactment, shall be deemed to be vested in the Pradeshiya Sabha
of that area.
Pradeshiya Sabha to demarcate and publish a list of roads and paths.
24. (1) It shall be the duty of every Pradeshiya Sabha within three years of the coming into forceoftheseprovisions
or within such further period as may in the special circumstances of any case be allowed by the Minister
(a) to demarcate by permanent marks the limits of the roads and paths maintained by thePradeshiyaSabhaand
cause to be prepared plans of all such roads and pathsand
(b) to cause notices to be published in the prescribed manner setting out a list of such roads and paths.
(2) Upon the publication of such notices any party claiming to be the owner of land from which such road or pathhas
been demarcated shall within the time prescribedbysuchnoticeinstituteactionintheappropriatecourtfor
establishing his title to such land.
(3) After the expiration of a period of three months and before the expiration of a period ofsixmonthsfromthe
date on which the notice under subsection (1) is published in the Gazettte, the PradeshiyaSabhashallcausetobe
published a notice in the prescribed manner setting out a list of all such roads and paths as setoutinthenotice
published under subsection (1)
(a) excluding those roads and paths or portions of roads and paths in respect of which no finialdetermination
had been made in any action instituted as required by subsection (2) and
(b) with the necessary alterations made in the demarcation of the limits of such roads and pathsandinsuch
plans in respect of which a final determination had been made in any action instituted as required bysubsection
(4) Where a final determination has been made on any action institutedasrequiredbysubsection(2)afterthe
publication of the notice under subsection (3), the pradeshiya Sabha shall cause anotice,tobepublishedinthe
prescribed manner, setting out a supplementary list of such roads and paths or portions of roads and paths. Beforethe
publication of this notice the necessary alterations shall be made in the demarcation of the limits oftheroadsand
paths and in the plans on the basis of the final determination made in respect of any action instituted as requiredby
(5) Upon the publication of such notice under subsection (3) or (4), all such roads and pathsorportionsofsuch
roads and paths as defined in such notices and depicted by such plans shall be deemed to be vestedinthePradeshiya
(6) Whenever any road or path or any portion of any road or path vested in a Pradeshiya Sabha ceases to be used asa
road or path the Pradeshiya Sabha shall publish an amendment to the notice under subsection (3) or (4).
25. Neither the provisions of the Prescription Ordinance, nor those of any other law relating to the acquisition ofrights
by virtue of possession or user, shall apply in the case of the roads within the limits of any Pradeshiya Sabhaand no
person shall be entitled to any exclusive rights of ownership, possession or use over or in respect of any such road or
any portion thereof by reason of his having, either before OrafterthecomingintooperationofthisAct,had
possession, or use of any description whatsoever of such road or portion thereof.
Notices how served
26. Every notice required to be given under this part may be served either personally upon such person, orbyleavingit
with some member of his household, or by affixing it to some conspicuous part of his residence.
Power of Pradeshiya Sabha to construct new and improve existing thorough fares.
27. The Prarleshiya Sabha of each Pradeshiya Sabha area may within that area
(a) layout and construct new roads, streets, bridges, tunnels or other thoroughfares
(b) widen, open, enlarge or otherwise improve or turn, divert, discontinue, or stop up, whether in whole or in part,
any public street or thoroughfare, not being a principal thoroughfare, and with the sanction of the Minister in charge
of the subject of highways, any principal thoroughof are, making due compensation to the owner or occupier of any
property required for such purposes, or any person whose legal rights are thereby infringed.
Acquisition of lands for diversions or enlargements.
28. (1) If in connection with the turning, diversion, widening, opening, enlargement, Or improvement of anythoroughfare
it becomes necessary for any Pradeshiya Sabha to take possession, for public use, of the land of any person,itshall
be lawful for such Pradeshiya Sabha to make an agreement with the owner for the compensation to be paid for suchland,
and for any building, boundary wall, gateway, fence or tree standing thereon, either by allowinghimtopossessthe
ground, or part of the ground, of the former thoroughfare, or by the grant of other land in exchange or bypaymentof
money or by any two or more of such methods.
(2) Any land of which possession is taken by a Pradeshiya Sabha in pursuance of any agreementundersubsection(1)
shall vest in the Pradsshiya Sabha without any formal transfer thereof, and the certificate oftheChairmanthatan
person has been allowed by the Pradeshiya Sabha to possess any part of the ground of any former road or any landgiven
in exchange under subsection (1), together with a survey thereof, shall be sufficient proof of the right of such person
to such ground or land.
(3) Where a Pradeshiya Sabha cannot agree with the owner of anylandastothecompensationtobepaidunder
subsection (1), or where such owner cannot be round, or where the Pradeshiya Sabha does not deem it advisable toenter
into any agreement with the owner of any land, then proceedings may be taken to obtain possession of such land andfor
compensating to the owner, in the manner prescribed by section 128.
(4) Every agreement under subsection (1) shall be in writing, and section 2 of thePreventionofFraudsOrdinance
shall not apply to any such agreement or to any certificate issued under subsection (2).
Gifts of lands required for diversion or enlargement of thorough fare.
29. If in connection with the turning diversion, widening, opening, enlargement orimprovementofanythoroughfare,it
becomes necessary for any Pradeshiya Sabha to take possession of the land of any person forpublicuse,andifthe
person claiming to be the owner of the land desires to make a gift ofthelandtothePradeshiyaSabhaforsuch
purpose, a record in writing to that effect duly signed by such person in the presence of the Chairman or ofaperson
authorized by the Chairman in writing in that behalf shall be sufficient to vest the land in the PradeshiyaSabha.No
such record shall be deemed to be invalid or of no effect in law by reason only that the requirements of section2of
the Prevention of Frauds Ordinance have not been complied with as to attestation by a notary public and by witnesses.
Power to dispose of discontinued street30. Whenever any street or chef thoroughfare or any part of any streetor
thoroughfare vested in a Pradeshiya Sabha ceases to be used as a street or thoroughfare, the Pradeshiya Sabha, with the
prior approval of the Minister, may sell, lease or exchange such street or other thoroughfare or part thereof.
Power to take land adjoining new street for building purposes.
31. In laying out or constructing any new street or thoroughfare, or in turning, diverting, widening,opening,enlarging,
or otherwise improving, any street or thoroughfare, a Pradeshiya Sabha may, in addition to the landrequiredforthe
purposes of the carriageways and footways thereof, also purchase the land necessary for houses andbuildingstoform
the said street or thoroughfare, and may sell, lease or otherwise dispose of the same, subjecttotheprovisionsof
paragraphs (x), (xi) and (xii) of section] 8 and subject to such stipulationsandconditionsastotheclassand
description of houses or building to be erected thereon as the Pradeshiya Sabha may think fit.
Other powers of a Pradeshiya Sabha.
32. It shall be lawful for a Pradeshiya Sabba without prejudice to any otherpowersvestedinit,todoanyofthe
(a) to water the streets
(b)to remove encroachments and obstructions in or upon any street or thoroughfare subjecttotheconditionthat
where the person responsible therefore is known to the Pradeshiya Sabha such action shall be takenbythePradeshiya
Sabha only after notice has been given to him, and he fails to remove such encroachments orobstructionswithinsuch
time as may be specified in the notice or with due diligence
(c) to paint up the names of streets and the numbers of houses or tenements on any private property
(d) to shut up and secure deserted houses
(e) to recover in the manner hereinafter provided, the expenses incurred by any. action takenunderparagraphs(b)
and (d) hereof- from the person whose act or' neglect shall have rendered such action necessary.
Roads for benefit of individual property owners.
33. The Pradeshiya Sabha may, at the request of the owner or owners of anyone or moreestatesorindustrialenterprises
situated within its limits, in any case in which the Pradeshiya Sabha is of opinion that the public interest wouldnot
otherwise justify the construction Or maintenance of a road in such a locality, contract with such owner or owners, for
the construction or maintenance of a road for the service of the estate or estates, or the enterprise or enterprises in
question, subject to the payment of such contribution towards the expenses of such construction or maintenanceasmay
be approved by the Pradeshiya Sabha and subject to theConditionhatbyanappropriateinstrumentsuchroadis
constituted a public road and is vested in the Pradeshiya Sabha, and all such agreed contributions shall bedeemedto
be special rates imposed upon the lands benefited, and shall be recoverable in the same manner as a rate imposedunder
this Act, and all the provisions of this Act relating to rates shall apply thereto.
Public vehicular communications.
34. A Pradeshiya Sabha may. subject to such prohibition or restriction as may be imposed in respect thereofbyanyother
law, and, ill so far as any principal thoroughfare may be thereby affected, subject to the approval of the Ministerin
charge of the subject of highways, organize and maintain, either by itself and its officers, or by agreementwithany
promoter or promoters any form of public vehicular communication for the service of the inhabitants of any areawithin
the administrative limits of the Pradeshiya Sabha.
Houses in a ruinous and dangerous state.
35. If any house, building, bound3IJ' wall or gateway adjoining any street or thoroughfare in any area or anythingaffixed
thereon, be deemed by the Pradeshiya Sabha of that area to be in a ruinous state, whether dangerous or not,ortobe
likely to fall, the Pradeshiya Sabha shall immediately if it appears to be necessary, cause a proper hoarding orfence
to be put up for the protection of persons using such street or thoroughfare, and shall cause notice in writingtobe
served on the" owner or occupier forthwith to take down,secure,orrepairsuchhouse,building,boundarywall,
'gateway or thing affixed thereon, as the case may require
Failure to comply with notice.
36.If any person, on whom a notice is served by or on behalf of a Pradeshiya Sabha under section 35, doesnotbeginto
comply with such notice within three days of the service thereof or does not complete the work with due diligence,the
Pradeshiya Sabha shall cause all or so much of the work as it may think necessarytobecarriedout,andallthe
expenses incurred by the Pradeshiya Sabha shall be paidbysuchpersonandshallberecoverableashereinafter
Sale of materials of ruinous houses.
37. If any house, building or wall, or any pact thereof be pulled down byanyPradeshiyaSabhaundersection36,the
Pradeshiya Sabha may sell the materials thereof, or so much of the materials as may have been taken down, and apply the
proceeds of such sale in payment of the expenses incurred, and shall, on demand, pay any surplus arising from such sale
to the owner of such house, building, or wall:
Provided always that, in case no demand for such surplus is made within twelve months by any personentitledtomake
such demand, the Pradeshiya Sabha shall be at liberty to pay the amount of such surplus to the credit oftheFundof
the Pradeshiya Sabha, and shall be freed from any liability to pay or answerfororinrespectofsuchunclaimed
Provided, further, that the Pradeshiya Sabha, notwithstanding that it may have sold suchmaterialsforthepurposes
aforesaid, shall have the same remedies for compel1ing the payment of so much of the expenses as may remaindueafter
the application of the proceeds of the sale, as by this Act are given to it for compelling the payment of theentirety
of the expenses.
Maintenance and repair of thoroughfares.
38. It shall be lawful for the proper officer of thePradeshiyaSabhaandfortheservants,workmen,andlabourers
employed by or under him, at all time, and with all necessary and proper carriages, carts, animals and other means,to
enter upon any land adjacent or near to any existing or intended thoroughfare within that area, and there severallyto
do and perform all acts, matters, and things necessary for the purpose of tracing, measuring, making, working, opening,
altering, turning, repairing, clearing, improving, or fencing anysuchthoroughfare,orforbuilding,excavating,
repairing, clearing, or improving any bridge, fence, drain, dam, or ditch thereupon, or in any way connected therewith,
or for performing any act, matter, or thing under the provisions of this Act.
Power to take materials.
39. It shall be lawful for the proper officer of thePradeshiyaSabhaandfortheservants,workmen,andlabourers
employed by or under him, at all reasonable times, and with all necessary and propercarriages,carts,animals,and
other means, to search for, dig, cut, take, and carry away any water, timber, brushwood, stone, gravel,clay,orany
other materials whatsoever, for the purposeoftrading,measuring,making,working,opening,altering,turning,
repairing, clearing, improving, or fencing, or in anywayassistinginthetracing,measuring,making,working,
opening, altering, turning, repairing, clearing, improving or fencing any existing orintendedthoroughfareinthat
Pradeshiya Sabha are or of building, excavating, repairing, clearing or improving any bridge,fence,drain,dam,or
ditch thereupon or in any way connected therewithor for the construction or repair ofanylinesoranybuildings
whatsoever required on or near any such thoroughfare for the use of any officer as aforesaid, or any workmen,animals,
carriages, carts, persons, or things employed in his service, in and fromanylandadjacentOrneartoanysuch
thoroughfare, and to carry away the same through the land of any person, without being deemed a trespasser:
Provided that no such materials shall be dug for, cut, or taken away, upon or from any yard, avenue, to ahouse,
or lawn or any enclosed garden, plantation, field, or wood, without the consent of the owner thereof, unless sufficient
materials cannot conveniently be obtained from the neighbouring waste lands or common or amended grounds, in which case
the said officer may take any of such materials where he can conveniently procure them:
Provided, also, that reasonable compensation for all materials so taken and for the damage done in taking andcarrying
away the. materials, shall be made to the owner thereof:
Provided, further, that such officer shall rail or fence off any quarry or pit from which anysuchmaterialsmaybe
taken, so that it may not be dangerous to any person or animal.
Power to erect buildings and keep cuticle &c.
40. It shall be lawful for the proper officer of thePradeshiyaSabhaofanyareawhentracing,measuring,making,
working, opening, altering, turning, repairing, clearing, or improving any existingorintendedthoroughfarewithin
that area or building, excavating, repairing, clearing, or improving any bridge, fence drain,dam,orditchthere
upon, or in any way connected therewith
(a) to make and erect temporary buildings and any landadjacentorneartheretofortheaccommodationofthe
servants, workmen, labourers, animals, carriages, or things employed by him during the progress of the workand
(b) to keep all such animals as may be employed by him duly tethered and stableduponanylandnearoradjacent
thereto, and to continue so to keep the animals on such lands for such time as may be necessary:
Provided that no such building shall be erected, nor any such animal kept on any land which is under cultivation oris
situated in any area where there are neighbouring waste lands or common or abandoned grounds available for the purpose:
Provided, further, that reasonable compensation for any damage done to the land shall in all cases be made to the owner
Power to throw rubbish upon adjacent lands.
41. In the tracing measuring. making, working, opening,altering,turning,repairing,clearing,orimprovingofany
existing or intended thoroughfare withinanyPradeshlyaSabhaorbuilding,excavating,repairing,clearing,or
improving any bridge, fence, drain, dam, or ditch thereupon or in any way connected therewith, it shall belawfulfor
the proper officer of any Pradeshiya Sabha of the area to throw upon any lands adjacent orneartothethoroughfare
such earth, rubbish, or materials as it may seem necessary to remove from the place of any such work:
Provided that all earth, rubbish or materials thrown upon any such land by the proper officer shall be removedbyhim
from such land within a reasonable time.
Power to make temporary road.
42. It be lawful for the proper officer of the Pradeshiya Sabba to make a temporary road through thegroundsadjacentor
near to any existing or intended thoroughfare within the limits of the Pradeshiya Sabha duringtheexecutingofany
work thereupon or any work in any way connected therewith:
Provided that such road shall not be made over any ground whereon any building stands or over anyenclosedgardenor
Power to cut trees.
43. It shall be lawful for the proper officer of the Pradeshiya Sabha to cut and remove, and placeuponanyadjacentor
neighbouring land, an trees, bushes or shrubs, and all leaves 'Or branches or -roots of trees thatshallgrowonor
overhang. any thoroughfare within the limits of the Pradeshiya Sabha or cause any obstructiontherein,andforthat
purpose to enter upon any land Or premises with such persons, animals and instrumentsasmaybenecessary,andto
proceed to do therein all such things as may be necessary for the cutting, lopping or removing of suchtrees,bushes,
shrubs, leaves, branches or roots:
Provided that all trees, bushes, or shrubs, and all leaves or branches or roots of trees placed upon any suchlandby
the proper officer shall be removed by him from such land within a reasonable time.
Power to put up fences.
44. It shall be lawful for the proper officer of the Pradeshiya Sabha to put up or make fences,hedges.ditches,drains,
or banks by the side of any thoroughfare within the limits of the Pradeshiya Sabha, whenever tohimitshallappear
necessary, and the owner or occupier of each land adjoining such fences, hedges, ditches, drains, or banksshall,and
he is hereby required to keep them in good and substantial repair and order.
Power to make and keep ditches &c. and to lay trunks, &c.
45. The proper officer of the Pradeshiya Sabha shall have power to make,secure,cleanse,andkeepopenallditches,
gutters, drains or watercourses along any thoroughfare within the limits of the Pradeshiya Sabha and also tomakeand
lay such drains, watercourses, trunks, tunnels, plats, or bridges,ashemaydeemnecessaryfortheprotection,
preservation, improvement, repair, or construction of any thoroughfare or intendedthoroughfareinandthroughany
lands or grounds adjoining or lying near to such thoroughfare or intended thoroughfare.
Power to lay stones &c.
46. The proper officer of the Pradeshiya Sabha shall have power to lay any heap of stone or gravel, or any log of wood.or
any other matter or thing whatsoever, upon any thoroughfare within the3 limits of the Pradeshiya Sabha,andtoallow
such matter to remain there during the time such road is under repair,andforsuchtimebeforetherepairsare
commenced and after the repairs are completed, as may be necessary for facilitating the making of such repairsoffor
preventing damage to such recently repaired road, but he shall take due and reasonable precaution for preventing danger
or injury to persons passing along such road.
BUILDING ALONG THOROUGHFARES
Notice of intended building along a thorough fare.
47. (1) It shall not be lawful for any person to commence anybuilding.boundarywall,gatewayorfencealongany
thoroughfare within to limits of any Pradeshiya Sabha or toerectanytemporaryfenceorenclosureonanysuch
thoroughfare for the purpose of commencing or repairing any such building, boundary wall or gateway without givingone
calendar month's previous notice in writing to the Pradeshiya Sabha.
(2) Any person neglecting to give the notice prescribed by subsection (1) or to remove any building,boundarywall,
gateway or fence erected without such notice when he is required in writing to do so by the Pardeshiya Sabha under this
sub-section, shall be guilty of an offence, punishable with a not exceeding hay rupees, and withafurtherfinenot
exceeding twenty rupees for each day he suffers or allows such building, boundary wall,gatewayorfencetoremain
after he is required to remove as aforesaid.
(3) It shall be lawful for the Pradeshiya Sabha to remove orcausetoberemovedanybuilding,boundarywall,
gateway, fence or enclosure, commenced or erected without the notice prescribed by subsection (1) andtorecoverthe
costs of such removal in the manner provided in section 59 for the recovery of the costs therein mentioned.
(4) Nothing herein contained shall .be deemed to deprive my Pradeshiya Sabha of the power, hereinafterconferredon
such Pradeshiya Sabha, of removinganysuchbuilding,boundarywall.gateway,fence,orenclosure,whichmay
subsequently be discovered to be an encroachment on a thoroughfare., notwithstanding that no proceedings may havebeen
taken by the Pradeshiya Sabha on the notice given in respectofsuchbuilding,boundarywall,gateway,fenceor
enclosure under subsection (1).
Erection of temporary fences and enclosures.
48. (1) Nothing contained in section 47 shall be construed topreventanypublicofficer,dulyauthorizedinthat
behalf, from making temporary use of any part of any thoroughfare for the public service, or to prevent thePradeshiya
Sabha from granting a licence to the inhabitants of the Pradeshiya Sabha area for the erection of temporary fencesand
enclosures on any thoroughfare, in connection with the building, pulling down, or referring of their housesandother
buildings, or for temporary decorations within that area on such terms and conditions as the Pradeshiya Sabha maydeem
proper, including conditions as to-
(a)the length, breadth and height of such enclosure
(b) the space to be allowed for carriages and carts, or boats, to pass along the thoroughfareand
(c) the exhibition by the person obtaining such licence, daily between sunset and sunrise throughout the period
during which the fence or enclosure is maintained or continued by him, of a light sufficient to indicateclearly
the exact situation of the fence or enclosure or any obstruction caused thereby.
(2)Every holder of a licence granted under subsection (1) who commits a breach of any oftheconditionsofsuch
licence and every person who removed or extinguished any light placed and kept in accordance withtherequirementof
the conditions of such licence, shall be guilty of an offence, punishable with a fine not exceeding ten rupees.
Building limits along roads.
49. Notwithstanding anything contained in the Housing and Town Improvement Ordinance, or other law it shall notbelawful
for any person
(a) to erect any building, boundary wall or gateway within a limit (hereinafter referred to as the "buildinglimit")
of twenty-five feet from the centre of any road which is used or intended for vehicular traffic withinlimitsofany
Pradeshiya Sabha and in respect of which street lines providing for a roadway exceeding fifty feet inwidthhavenot
been defined under this Act or the Housing and Town Improvement Ordinance:
Provided, however, that the Pradeshiya Sabha, shall have power to authorize the erection of a boundary wall orgateway
on condition that the owners of the premises shall execute an undertaking that nocompensationshallbepayablein
respect of such boundary wall or gateway in the event of the land on which suchwallorgatewayissituatedbeing
required for a public purposesor
(b) except under the authority of a licence granted by the Pradeshiya Sabha to re-erect or to ma eanyadditionto
any such building, boundary wall or gateway within such limit:
Provided always that nothing contained in this subsection shall apply to any repairs effected in any building. boundary
wall or gateway existing at the date of the constitution of the Pradeshiya Sabha or in the case of
(i) any street which is intended for foot traffic only and is not less than twenty feet in widthor
(ii)any back lane or other service passage which is intended only for the purposes of scavenging or conservancy
or other special sanitary purpose and is not less than ten feet in width where such street, lane orpassagehas
been defined or approved by the Pradeshiya Sabha.
For the purpose of the foregoing provisions of this subsection, "repairs" shall not be deemed to include any work
of re-erection or re-construction or the addition of any new part.
Demarcation of building limits.
50. (1) It shall be the duty of every Pradeshiya Sabha, within three years after the date of the constitution thereofor
within such further period as may in the special circumstances of any case be allowedbytheMinisteroruponthe
directions of the Minister, and within such period of time if any, which he may allow
(a) to demarcate by permanent marks the building limit prescribed by section 49 on every road referred to in
(b) in the case of each road on which the building limit has been so demarcated, to ascertainandrecordthe
value of each building, boundary wall, or gateway or part thereof situated or extending within such limitand
(c) in the case of any road on which the building limit has not been demarcated, to ascertainandrecordthe
value of each building, boundary wall or gateway in respect of which a licence under section 49 is granted by the
Pradeshiya Sabha for the purposes of any re-erection or addition.
(2) The value of any building, boundary wall or gateway shall, for the purposes of subsection (1)
(a) be fixed by agreement between the Pradeshiya Sabha, and the owner or owners of the building, boundarywall
(b) where it is not so fixed by agreement, be determined by the arbitration of two arbitrators,onenominated
by the owner or owners of the building, boundary wall or gateway and the other by thePradeshiyaSabha,orif
such arbitrators cannot agree upon the said value, by an umpire chosen jointly by the two arbitrators.
(3) In determining the value of any building, boundary wall or gateway oranypartthereofforthepurposesof
subsection (2), the following principles shall be followed :
(a) where any building, boundary wall or gateway, or any part thereof, the removal of whichwouldrenderthe
remaining part useless, is situated within the building limit of any road, and. where, for thatreason,atthe
time of the widening of the road the removal of theentirebuilding,boundarywallorgatewaywillbecome
necessary, the value of the entire building, boundary wall or gateway shall be determinedand suchvalueshall
be the difference between the market value of the premises, that is to say, of thebuilding,boundarywallor
gateway together with the land attached thereto, at the time of the demarcation of the buildinglimit,andthe
market value at that time of the land as distinct from the building, boundary wall or gateway
(b) where only a part of a building, boundary wall or gateway is situated withinthebuildinglimitofany
road, and after the severance and removal of such part the remaining part will be capable of adaptation either to
the original purpose of the building, boundary wall or gateway or to any otherpurposepermittedbylaw,the
value of the part within the building limit shall alone be determinedand such value shall be the aggregate of
(i) the estimated cost of the severance and removal ofthatpartofthebuilding,boundarywallor
(ii)the estimated cost, in the case of a building of adapting the part of thebuildingwhichwillthen
remain to the purpose for which the building is used at the time of the demarcation of thebuildinglimit,
and in the case of a boundary wall or gateway, of completing such additions or repairs as may be necessary
(iii)where, at the time of the demarcation of the building limit on any road, the value of any"building,
boundary wall or gateway is found to have been increased by any alteration or 0 improvement effected inthe
building, boundary wall or gateway after thedateoftheconstitutionofthePradeshiyaSabha,then
notwithstanding that the alteration or improvement may have been authorized by a licence undersection49,
the amount of the increase shall not betakenintoaccountunlessthealterationorimprovementwas
necessary for the maintenance of the building, boundary wall or gateway in a proper state of repair.
(4) Every award or agreement made or entered into, a!the case may be, under subsection (2) in respect of thevalue
of any building, boundary wall or gateway or part thereof, shall specify theparticularparagraphorparagraphsof
subsection (3) in accordance with which the value aforesaid was fixed or determined.
(5) The value of each building, boundary wall or gateway or part thereof situate within a buildinglimit,fixedor
determined as provided in subsection (2) shall be recorded in the office of thePradeshiyaSabhatogetherwithall
agreements or awards by which the value so recorded may be verified.
(6) For the purpose of demarcating the building limit of any roan it shall be lawfulforanyofficer,servantor
workman of the Pradeshiya Sabha, to enter upon any private land, adjoining the road and toerectpermanentmarksat
convenient places, taking all such precautions as may be necessary to ensure thataslittledamageaspossibleis
caused to the land compensation shall be paid by the Pradeshiya Sabha for any damage so occasional.
(7) Where the building limit of any road ha. been demarcated under thissection,nothinginanyoftheofthe
provisions of this Act shall be deemed to preclude the Pradeshiya Sabha, from letting or leasing any part oftheroad
not included within such building limit for the purpose of affordingblinding facilities along the road, or from using
or permitting the of any such part for any public prior permitting the use of any such part for any public purpose.
(8) Nothing in this section shall apply to, or in the case of any road in respect of which street lines providing for
a roadway exceeding fifty feet in width have been defined under this Act or the Housing and Town ImprovementOrdinance
or any other law.
Condition to be attached to all Licenses under section 49.
51. (1) It shall be a condition of any licence granted by a Pradeoshiya Sabha under section 49 for the re-erection ofor
for any addition to any building, boundary wall or gateway within the building limit of any road that in theeventof
the land on which the building. boundary wan or gateway is situated being acquiredatanytimethereafterforthe
purpose of the widening of the road. the completion payable in respect of such building, boundary wall or gateway shall
be determined in accordance with the provisions of section 53.
(2) (a) Full particulars of every licence containing a condition of the description set out in subsection(1)and
of the land and the building, boundary wall or gateway to which the condition relates. shall beenteredbythe
Pradeshiya Sabha in a register to be kept for the purpose at the office of the Pradeshiya Sabha and theChairman
shall cause a certified copy of the entry so made in respect of each land and building, boundary wall orgateway
and the condition of the licence relating thereto, to be registered in the office of the Register ofLands.The
Registrar of Lands shall register all. such copies free of any charge or duty.
(b) Upon the registration of any entry under this subsection the condition of the licence set out in such entry
8hall be binding upon the land or building or boundary wall or gateway affected thereby, in accordancewiththe
tenor of such condition, into whomsoever ownership or possession the land or building or boundary wall or gateway
may at any time pass.
(c) The register kept at the office of the Pradeshiya Sabha shall bemadeavailableforinspectiontoany
person interested, at any time when the office is open far the transaction of business.
(d) The provisions of section 2 of the Prevention of Frauds Ordinance shall not apply to any entry orcopyof
an entry referred to in this subsection.
(3) Subject to the condition referred to in subsection (2) any person who is otherwise entitled to re-erect formake
any addition to any building, bound:-try wall of gateway shall be entitled toalicencetore-erectormakesuch
addition to such building. boundary wan or gateway within the building limit specified in section 49 :
Provided that no part of the building, boundary wall or gateway so re-erected or added to shall, upon suchre-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 wallformingpartoaf
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 ofthePradeshiyaSabhamay
reasonably be considered to be a repair to the wall or support.
Power of Pradeshiya Sabha to deal with building boundary wall or gateway erected in contravention of law.
52. If any person erects or re-erects any building, 'boundary wan or gateway,ormakesanyadditiontoanybuilding,
boundary wall or gateway, within the limits of any Pradeshiya Sabha incontraventionofanyoftheprovisionsof
section 49, the Pradeshiya Sabha shall be entitled to cause such building, boundary wall or gateway, or suchaddition,
to be demolished or removed by any officer or eleventh, and for that purpose the Pradeshiya Sabha shall havethesame
rights of entry and survey, and shall have the same power of removal, abatement and recovery of costs as are vestedby
this part in a Pradeshiya Sahha for the purposes of the abatement or removal of anyconstructionorencroachmentor
supposed obstruction or encroachment upon a thoroughfare,andastheprovisionsofthisPartrelatingtosuch
obstructions or encroachments, as far as they are applicable, shall apply accordingly with such modifications as may be
Principles of assessing compensation in respect of land developed by building.
53. (1) Where any ]and which is situated within the building limit demarcated On a road, and which has been developedby
the erection of any building wholly or partly within that building limit is acquired for the purposes ofthewidening
of that road, the determination or the compensation payable in such caseundertheLandAcquisitionActshallbe
subject to the following special provisions notwithstanding anything to the contrary contained in that Act
(a) no compensation shall be allowed in respect of any building, boundary wan orgatewaywhichatanytime
after the date of the constitution of the Pradeshiya Sabha has been erected in contravention of section 49 or re-
erected or added to without the licence required by that section :
(b) the value assigned 'to the land as distinct from the buildings thereon shall be themarketvalueofthe
land at the time of the acquisition
(c) where the land is only a portion of any premises belonging to anyone person or group of persons
(i) if the remaining portion of such premises is a building of the same character as the building which is
to be acquired, the market value assigned. to the land shall be one half ofthevalueatthattime,of
similar land in the vicinity possessing a road frontageand
(ii)if the remaining portion of such premises is not of sufficient depth for the purpose mentioned in sub-
paragraph (i), the market value assigned to the land Shall be the value at that time of similar land inthe
vicinity possessing a road frontage
(d) regard shall be had to any increase, in the value of any other land or building belonging to the same owner
or owners, which is likely to accrue from any widening of the road carried out after the acquisition of the!and
or the demolition of any building, boundary wall or gateway situated thereon
(e) no additional compensation shall be allowed in respect of the compulsory nature Future acquisitionwhether
in the C3se of the building or in the case of the land.
(2) In any case referred to in paragraph (c) (ii) of subsection (1), the owner shall have the option of requiring the
Pradeshiya Sabha to acquire the entirety of his premises at the rate at which the portion whichthePradeshiyaSabha
originally proposed to acquire, was valued under that paragraph.
Power of Predeshiya Sabha to acquire adjacent land for owner of land within building limit.
54. The Pradeshiya Sabha may, at the request of any person whose right to build upon any land abutting upon aroadwithin
its limits restricted by the building limit demarcated Up to that road, and who desires to erect abuildinguponthe
land, acquire for such owner at his expense any land,situateattherearofsuchfirst-mentionedlandandof
sufficient extent to afford him building facilities ofthesamenatureashewouldhaveenjoyedbutforsuch
restriction. All lands required for any such purpose shall be deemed to be requiredforapublicpurpose andthe
provisions of section 53 shall apply to the valuation of such land.
Power to demand production of title deeds.
55. (1) Whenever it appears to any Pradeshiya Sabha that any building, enclosure, or obstruction has been raised ormade
in any thoroughfare under the control of the Pradeshiya Sabha, or on any waste or other land immediately adjoining such
road and belonging to the State, it shall be lawful for the Pradeshiya Sabha by written noticeservedontheperson
claiming to be the owner of the premises on which such building, enclosure, or obstruction has been raised 'Or made, to
demand the production of every deed, document and instruments upon which such person found such claim.
(2) In any of the following cases, that is to say
(a) where the occupier of any premises, not being himself the alleged owner, refuses to givefullinformation
respecting the name and residence of the alleged owner upon being requested so to do by the Pradeshiya Sabha or
(b) where the alleged owner of any premises refuses to produce within ten days, after being requested so to do,
every deed document, and instrument upon which he founds his claim to the premises and which is in his possession
(c) where the al1eged owner of any premises, not being in possession of any such deed, document, orinstrument
refuses to give full information to the Pradeshiya Sabha upon being requested so to do, of the name and residence
of the person in whose possession they areor
(d) where any person having in his possession any such deed, document, orinstrumentrefusestoproduceit
within ten days after having been requested so to do in writing by the Pradeshiya Sabha,
every such occupier, alleged owner, or person so refusing shall be guilty of an offence, and shall beliableon
conviction to a fine not exceeding five hundred rupees.
Demand of production of deed to include power of examination.
56. (1) Every deed, document or instrument the production of which is demanded by a PradeshiyaSabhaundersection55
shall be produced an the premises to which it relates, or at such other place as the Pradeshiya Sabha mayrequireand
the power given by that section to demand the production thereof, shall be deemed to include thepowertomakesuch
examination and copies of such deeds, documents, and instruments as may be necessary.
(2) Every person refusing or failing to permit any person authorized by the Pradeshiya Sabhatoexamineanydeed,
document, or instrument, or to take copies thereof shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding five hundred rupees.
Power to make survey of premises.
57. In any case referred to in section 55 (1), it shall be lawful for anypersonauthorizedtheretobythePradeshiya
Sabha to make such survey of the premises on which the building, enclosure, or obstruction has been raised ormade,asmay
be necessary, to enable thePradeshiyaSabhatoascertainwhetheranencroachmenthasbeenmadetherebyuponany
thoroughfare or on any State land adjoining any thoroughfare and for the purpose of such survey to enter uponsuchpremises
and upon any other premises whatsoever ever which it may in his opinion be necessary to enter.
Proof pf right to apparent encroachment to rest upon the owner
58. (1)"Whenever it appears to any Pradeshiya Sabha that the lineofanythoroughfareunderthecontrolofthe
Pradeshiya Sabha has been altered without proper authority, or has been stopped up, or obstructed, or encroachedupon,
the Pradeshiya Sabha shall give notice in writing to the occupier of the landfromoffwhichthe-thoroughfareis
alleged or suspected to have been turned, or upon which such stoppage or obstructionorencroachmentisallegedor
suspected to have been made, that a survey of the premises has been made by the direction of the Pradeshiya Sabha,and
is open to the inspection of such occupier at a place to be mentioned in the notice, and that unless withinonemonth
from the service of the notice, he, or the person under whom he holds, takes legalproceedingsforestablishinghis
title to such land, and for preventing the removal LU any such obstruction or encroachment,thePradeshiyaSabhawm
proceed with the removal thereof in manner provided by section 59.
(2) If no legal proceedings are taken within the time specified insubsection(1,orbeingtakenarenotduly
prosecuted, it shall be the duty of the Pradeshiya Sabha to cause any such obstruction or encroachment to beforthwith
removed as provided by section 59.
(3) Where legal proceedings are taken, it shall be incumbent on the party claiming to be the owner of thelandfrom
off which the line of any thoroughfare is alleged to have been alteredorturned.oruponwhichthestoppageor
obstruction or encroachment is alleged to have been made, to prove his title to such land.
Removal of obstructions or encroachments.
59. (1) It shall De lawful for any Pradeshiya Sahha through anypersonauthorizedbythePradeshiyaSabhainthat
behalf, to give orders verbally or by notice in writing, to any person obstructing or encroaching upon any thoroughfare
under the control of the Pradeshiya Sabha forthwith to remove or abate the obstructionorencroachment andifany
person to whom such order is given refuses or neglects to comply therewith within a reasonable time, or,iftherebe
any doubt as to who is the proper person to whom such order should be given after such notice has beenaffixedfora
reasonable time to such obstruction or encroachment, it shall be lawful for the PradeshiyaSabhatocauseanysuch
obstruction or encroachment to be forthwith removed or abated.
(2) For the purpose of removing or abating any obstruction or encroachment under subsection (1) itshallbelawful
for the Pradeshiya Sabha, or any person authorized in writing by the Pradeshiya Sabha to enter into any housesgarden,
enlosure, 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 benecessaryforsuch
removal or abatement.
(3) " The costs incurred by the Pradeshiya Sabha in the removal or abatement of any obstruction or encroachment shall
be payable by the person whose failure to comply with an order under subsection (1) caused such costs tobeincurred
and such costs, where they are not paid by such person on demand, shall be certified by the Chairman of thePradeshiya
Sabha to the Magistrate's Court having jurisdiction over the area where such person resides and shall berecoveredby
that court in like manner as a fine imposed by the Court. All moneys so recovered shall be pa d by the Courtintothe
(4) Where the removal or abatement of any obstruction or encroachment is effected after thedueproductionofall
deeds, documents, and instruments effecting the title to such premises and such premises are neverthelessadjudgedto
be the property of the party laying claim to the same, such party shall be entitled to compensation from the Pradeshiya
Sabha for all loss and injury occasioned therebybut if the party claming to betheownerofsuchpremisesshall
refuse or neglect to produce all such deeds, documents and instruments, of if suchdeeds,documentsandinstruments
shall not be produced within ten. daysafterapplicationinthatbehalf,andanysuchpradeshiyaSabhashall
nevertheless have caused the removal of such building, enclosure, or encroachment, then, in the event of suchpremises
being adjudged to be the property of the party claiming to be the owner thereof, such party shall notbeentitledto
any compensation for any loss or injury occasioned thereby.
Injuries to throughfares,&c.
60. Every person who Destroying milestone bridge &c.
(i) wilfully or negligently destroys, pulls up, defaces, throws down, breaks, or injuresanymilestone,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 materialsor
(ii)wilfully and unnecessarily removes any fence, post, stone, log, or other thing laid or erected bythedirection
of any competent authority on or in any thoroughfare for the temporary prevention of the use thereof, or for preventing
danger or injury to persons passing along the same whilst undergoing repair
(iii) without the permission of a competent authority gathers or heaps-up, or takesaway,anystones,gravel,
sand, or other material or any clutch dirt drift, or soil from any thoroughfare
(iv)leads or drives any elephant, ox, horse, pig, or other animal or any vehicle fromorofforonorintoany
thoroughfare in such manner as to cause injury to the thoroughfare Of shallsufferanysuchanimaltodamagethe
(v) being the owner or occupier of any land contiguous to any thoroughfares suffers the passage through orintohis
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 intooruponanysuchthoroughfares,or
suffers any accumulation of dirt of rubbish in any drain opposite to his house or land to impede the flow of water
(vi) without the previous consent of the Pradeshiya Sabha, by any act on his land interferes with the free passage of
water along or from any dram or culvert of any thoroughfares
(vii) hauls or draws upon any thoroughfare any timber stone, orotherthing,otherwisethanuponawheeled
carriage, or suffers any timber, stone, or other thing carried principally or in part upon a wheeled carriagetodrag
or trail upon such thoroughfare to the damage thereof
(viii)makes or causes to be made any dam, ditch, drain, or watercourse upon or across, or otherwise breaks up, or
injures, the surface of any thoroughfare
(ix)erects, sets up, lays down, or constructs, either permanently ortemporarilyin,along,under,oroverany
thoroughfare, any post, pillar, lamp, wire, pipe rails or other plant, material or work without the permissionofthe
Pradeshiya Sabha or otherwise than in accordance with the terms and conditions of such permissionor
(x) attaches additions to his house so as to project over the outer edge of the side drain of any thoroughfare, or by
means of temporary supports or otherwise exposes goods or wares of any description over any portion ofathoroughfare
or its side drain, or by causing carts to be loaded or unloaded in front of his dwelling inanywayinjurestheside
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred rupees.
Prohibition of riding or driving any animal or vehicle
61. Upon the construction of a new thoroughfare or upon the execution of any repair to an existing thoroughfare,itshall
be lawful for the Pradeshiya Sabha having control of such thoroughfare, by notice exhibited upon or so as to be visible
from the thoroughfare, to prohibit the riding or driving of any animal or vehicle on the thoroughfare foraspecified
period not exceeding one month after the completion of the work of construction or repairand every persondoingany
act in contravention of such notice shall be guilty of an offence and shall be liableonconvictiontoafinenot
exceeding five hundred rupees.
Owner or occupier bound to have bridge, ampover drains leading to his house.
62. If the owner or occupier of any house of premises adjoining any thoroughfare, by the side of which adrain.hasbeen
made or excavated, requires means of access to such house or premises from such thoroughfare,heshallbeboundto
place over the drain, to the satisfaction of the Pradeshiya Sabha a bridge, platform, or arch, which shall innocase
cover less than three feet of the length of such drainand it shall belawfulforthePradeshiyaSabhaonbeing
satisfied that any house or premises so situated and that such bridge, platform or arch should. beprovided,tocall
upon the owner or occupant of the house or premises. forthwith to construct such bridge, platform or arch,andithe
fails to do so within a reasonable time, to cause the work to be done, and to recover the costs thereof inthemanner
provided by section 59 for the recovery of the costs therein mentioned.
Allowing tress to grow in such a way as to injure thoroughfares.
63. Any person who allows any tree, upon any premises of which he is the owner or of which he is in occupation, to growin
such a way as to cause injury to any thoroughfare after the service of anoticeuponhimbythePradeshiyaSabha
calling upon him to take the necessary measures to abate such injury, and after the expiration of such reasonabletime
as may be specified in the notice for the purpose shall be guilty of an offence, and shall be liable on conviction to a
fine not exceeding five hundred rupees, and in any such case the Magistrate before whom the offender is convictedmay,
in default of the necessary measures being taken by the offender, direct that suchmeasuresshallbetakenbythe
Pradeshiya Sabha and that the costs thereof shall be recovered in the manner provided in section 59 for recovery or the
costs therein mentioned.
Damage to thoroughfares through clearing draining, or opening up neighboring land.