Sri Lanka Consolidated Acts

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National Water Supply and Drainage Board Law (No. 2 of 1974) - Sect 48

Sewerage in combination

48.
(1) Where it appears to the Board to be more economical or otherwise more advantageous that the sewerage of a group of premises, whether contiguous or otherwise, should be undertaken as a whole rather than separately, the Board may cause to have drawn up a scheme for the sewering of such group of premises in accordance with the following provisions.
(2) In every such case the Board shall cause to be prepared-
(a) plans showing the premises affected, and the nature and extent of the necessary works;
(b) a schedule of the premises and names of the owners thereof as can be ascertained;
(c) an estimate of the cost of the work that is, in the opinion of the Board, necessary for carrying such scheme into effect;
(d) a provisional apportionment of such cost amongst the owners affected in such proportion as may seem to the Board to be most equitable having regard to the greater or less degree of benefit to be derived by the premises from any work so undertaken.
(3) The Board shall cause written notice in Sinhala, Tamil and English to be given to the owners of all the premises to be sewered, of the intention to cause the proposed works to be done in accordance with the provisions of this section, either by serving it upon them personally, or by leaving it at their respective residences or places of business, or by posting registered letters addressed to them at their residence or places of business.
(4) During one month from the date of service of such notice the above-mentioned particulars or certified copies thereof shall be kept deposited at the Board office and shall be open to inspection at all reasonable times.
(5) During the said month the owner of any such premises may, by written notice served on the Board, object to the proposals on any of the following grounds, that is to say: -
(a) that the proposed works are insufficient or unnecessary or are not required in pursuance of this Law;
(b) that the estimated cost of the work is excessive;
(c) that the provisional apportionment of such cost is incorrect in some matter of fact to be specified in the objection;
(d) that any premises should be excluded from or included in the proposals;
(e) that there has been some material informality, defect or error in respect of the notices, plans or estimates;
(f) that any compensation to be paid is excessive or insufficient.
(6) The Board shall consider and determine the objections and its decisions thereon shall be final.
(7) In any case where no such objections have been raised or in any case where such objections have been raised and have been determined by the Board, the Board may give orders for the sewering of the premises in accordance with the scheme, and if it considers it expedient may-
(a) proceed to execute, by contract or otherwise, all or any of the works necessary for carrying into effect the scheme mentioned in subsection (1) of this section; or
(b) by notice in writing, require all or any of the owners to provide and execute, within such time as may be specified in the notice, all or any of the works that may be required to be done in or exclusively for the sewering of the premises.
(8) The Board may recover in equal proportions from the owners of all or any of the premises included in any scheme prepared under this section a reasonable sum as expenses for surveys and preparation of plans.
(9) When the Board has completed the execution of any works under this section and the expenses thereof have been ascertained, a final apportionment shall be made in similar manner to the provisional apportionment and the expenses recovered.
(10) The cost of the maintenance of the system of sewerage made under such scheme as aforesaid shall be borne equally by the owners of the premises affected by such scheme.
(11) Every owner who fails or neglects to comply with the requirements of any notice served on him under subsection (7) (6) within the time specified in the notice, shall be guilty of an offence and shall be liable on conviction after trial before a Magistrate to a fine not exceeding fifty rupees.


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