4. The following new sections are hereby inserted immediately after section 7 and shall have effect as sections 7A, 7B, 7C and 7D of the principal enactment:
| 7A. NO person shall for the purpose of any public service or any private enterprise or object make use of a road or thoroughfare to which this Ordinance applies or execute any work, or set up or maintain any plant or erection therein, except under, and in accordance with the terms and conditions of an agreement referred to in section 7 : |
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| 7B. Any person who has entered into an agreement under section 7 and who excavates, digs, cuts or does any other thing which causes damage to a road, shall, immediately after the completion of the work for which such excavation, digging or cutting was necessary, and in no case later than any time stipulated therefor in the agreement under section 7, backfill to a level indicated by the Executive Engineer, the trench or hole created by his excavation, digging or cutting, in layers of such compaction as specified by the Executive Engineer, and using fill material approved by the Executive Engineer. Upon the Executive Engineer being satisfied that the backfilling has been satisfactorily completed, the additional deposit of ten per cent referred to in section 7A shall be refunded to the promoter: |
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| 7c. Any person who makes use of any road, or thoroughfare to which this Ordinance applies or executes works or maintains any plant or erection therein in contravention of section 7A shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand rupees. |
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| 7D. Notwithstanding anything contained in any agreement referred to in section 7 or anything contrary in any written law, it shall be lawful for the Executive Engineer to issue notice to any person who has in pursuance of an agreement referred to in section 7 caused an obstruction to any road or thoroughfare, to remove or abate such obstruction to the satisfaction of the Executive Engineer, within, such time as may be specified in that behalf and if such person fails or neglects to remove or abate such obstruction within such time or if such person cannot be traced, it shall be lawful for the Executive Engineer or any person authorized by him, to remove or abate such obstruction and recover the costs incurred thereby in the manner provided in section 33. No compensation shall be payable to such person for any breach of such agreement occasioned by such removal or abatement.". |
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Sri Lanka Consolidated Acts