Sri Lanka Consolidated Acts

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Urban Councils (Amendment) Act (No. 48 of 1984) - Sect 23

Insertion of new sections 127A,128B, 127C, l27D and 127E in the principal enactment [ 23, 48 of 1984]

23. The following new sections are hereby inserted immediately after section 127 of the principal enactment and shall have effect as sections 127A, 127B, 127C, 127D and 127E, of that enactment : -
127A. Every person who, having the care or custody of any child under twelve years of age, omits to prevent such child from committing a nuisance in or by the side of any street, shall be guilty of an offence and Shall be liable on conviction to a fine not exceeding one hundred rupees-
127B.
(1) The Council may by public notice prohibit bathing or the washing of animals or clothes in any public place not set apart for the purpose, or at times or by persons other than those specified in the notice, and all other acts which may in any manner pollute or render water in public places foul or unfit for use, or may cause inconvenience or annoyance to persons using the bathing or washing places. Such notice shall be published in the Gazette in the Sinhala, Tamil and English languages and in at least one Sinhala, one Tamil and one English newspapers.
(2) Every person who bathes, washes, or does any act contrary to subsection (1) shall, be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees.
127C. Every person who bathes in, or washes any clothes or other things in, or causes or suffers any dirt, refuse, or impurity to flow into or otherwise in any manner pollutes or contaminates any reservoir used for the purpose of the waterworks belonging to any Urban Council, or any stream or watercourse whereof the water flows into or feeds any such reservoir, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding five hundred rupees, and, in the case of a continuing offence, to an additional fine nor exceeding one hundred rupees for each day during which the offence is continued after a conviction therefor, or after the dare of service of the written notice from the Council directing attention to the offence.
127D.
(1) Any person who, within the administrative limits of any Urban Council, operates or causes to be operated any factory which causes pollution so as to endanger or prejudice the health of the neighborhood, shall be guilty of an offence.
(2) Where a Magistrate after summary trial convicts a person of an offence under subsection (1) he shall, depending on the degree of pollution caused by such factory, make order -
(a) that such person pay a fine, equivalent to twice the fee payable for a licence issued under the provisions of this Ordinance or any by-law made thereunder in respect of the premises on which that factory is situated notwithstanding that such amount exceeds the amount of fine which a Magistrate may impose in the exercise of his ordinary jurisdiction and the amount so recovered shall be paid into the Fund of the Council; or
(b) that operations in such factory shall cease.
127E.
(1) Where in any urban area any tree or any branch, trunk, fruit or other part of a tree is causing or is likely to cause damage to any building, or is in a condition dangerous to the occupants of any building, or to the safety of passers-by along any public thoroughfare, the Chairman of the Council of such area may, by a notice in writing served on the owner or occupier of the land on which such tree stands require such owner or occupier to lie up and make secure, or to cut down and remove such tree or the branch, trunk, fruit or other part of such tree within such time as may be specified in the notice.
(2) Every person on whom a notice is served under subsection (1), shall comply with the requirements of such notice within the time specified therein, and in the event of the refusal or neglect of such persons to comply with such requirements within such time, the Chairman, or any officer or workman authorized in writing in that behalf by the Chairman, may enter upon the land referred to in such notice and do what such person was required to do by such notice, and the expenses thereby incurred may be recovered from such person as a debt due to the Council,


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