Cap.541] NATIONAL WATER SUPPLY AND DRAINAGE … · cap.541] national water supply and drainage...

Cap.541] NATIONAL WATER SUPPLY AND DRAINAGE BOARD

CHAPTER 541

NATIONAL WATER SUPPLY AND DRAINAGE BOARD

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF A PUBLIC AUTHORITY KNOWN ASTHE NATIONAL WATER SUPPLY AND DRAINAGE BOARD, AND FOR MATTERSCONNECTED THEREWITH OR INCIDENTAL THERETO.

[1st November, 1974.]

LawNo. 2 of 1974.

1. This Law may be cited as theNational Water Supply and Drainage BoardLaw.

PART I

NATIONAL WATER SUPPLY ANDDRAINAGE BOARD

2. There shall be established, on theappointed date* or as soon as may bethereafter, a public authority which shallbe called the Na t iona l Water Supplyand Drainage Board (hereafter in thisLaw referred to as " the Board "), and whichshall consist of the persons who are for thetime being members of the Board undersection 5.

3. The Board shall, by the nameassigned to it by section 2, be a bodycorporate and shall have perpetualsuccession and a common seal and may sueand be sued in that name.

4. The objects of the Board shall be :—

(a) to exercise, discharge and performwithin its area or areas of authorityall the powers, functions and dutiesconferred or imposed on it underthis Law; and

(b) to do all such other acts or things asmay be necessary for, or conduciveto, the attainment of the objectsspecified in paragraph (a) of thissection.

5. (1) The Board shall consist of thefollowing members:—

(a) four members who shall be appointedby the Minister from amongpersons who appear to the Ministerto have wide experience, and showncapacity, in engineering, finance,public health, administration orlaw:

(b) the C o m m i s s i o n e r of LocalGovernment or his representative ;

(c) one member being an officer of theGeneral Treasury nominated by theMinister in charge of the subject ofFinance,

(d) one member being an officer of theMinistry charged with the subjectsof Finance and Planning nominatedby the Minister in charge of thatMinistry;

(e) one member being an officer of theMinistry charged with the subject ofHealth nominated by the Ministerin charge of that Ministry.

A member appointed by the Minister is inthis Law referred to as an " appointedmember ".

Short title. Constitution ofthe Board.

National WaterSupply andDrainageBoard.

The Board tobe a bodycorporate.

The objects ofthe Board.

* 1st November, !974 - See Gazette No. 135/3 of 1974-10-28.

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NATIONAL WATER SUPPLY AND DRAINAGE BOARD [Cap. 541

(2) The Minister shall appoint theChairman and may appoint a Vice-Chairman of the Board from the appointedmembers of the Board.

(3) A person shall be disqualified forbeing a member of the Board, or forcontinuing as a member of the Board,—

(a) if he is or becomes a Member ofParliament, or a member of anylocal authority; or

(b) if he is or becomes an employee of theBoard.

(4) A member of the Board who is in anyway, directly or indirectly, interested in anycontract made or proposed to be made bythe Board shall disclose the nature of hisinterest at a meeting of the Board, and suchdisclosure shall be recorded in the minutesof the Board, and the member shall not takepart in any deliberation or decision of theBoard with regard to that contract.

(5) The Minister may, if he considers itnecessary in the interest of the efficientperformance of the functions of the Board,remove, by Order published in the Gazette,any appointed member of the Board fromoffice without reason stated.

(6) An appointed member of the Boardmay at any time resign his office by letteraddressed to the Minister.

(7) If the Chairman, Vice-Chairman orany other appointed member of the Board,is temporarily unable to discharge the dutiesof his office on account of ill health orabsence from Sri Lanka or for any othercause, the Minister may, having due regardto the provisions of subsection (1 ) , appointsome other person to act in his place as theChairman, Vice-Chairman or as a member,as the case may be.

(8) Every appointed member of theBoard shall, unless he earlier vacates office,hold office for a period of five years :

Provided that a member appointed by theMinister to fill a vacancy in the office of anappointed member of the Board, shall hold

office for the unexpired portion of the termof office of the member whom he succeeds.

(9) Any appointed member of the Boardwho vacates office shall be eligible forre appointment.

(10) An appointed member of the Boardshall be deemed to have vacated his office—

(a) on sending his resignation to theMinister; or

(b) on his removal from office by theMinister; or

(c) on his becoming disqualified forcontinuing as a member; or

(d) on the expiry of his term of office.

(11) No act or proceeding of the Boardshall be deemed to be invalid by reason onlyof the existence of any vacancy amongst itsmembers or any defect in the appointmentor nomination of a member thereof.

6. ( 1 ) The seal of the Board shall be inthe custody of the Board.

(2) The seal of the Board may be alteredin such manner as may be determined by theBoard.

(3) The application of the seal of theBoard shall be authenticated by thesignature of the Chairman of the Board orsome other member of the Board authorizedby the Board to authenticate the applicationof such seal, and of one other member ofthe Board, both of whom shall sign theinstrument in token of their presence.

7. The members of the Board shall beremunerated in such manner and at suchrates, and shall be subject to such conditionsof service, as may be determined by theMinister with the concurrence of theMinister in charge of the subject of Finance.

8. The Chairman of the Board shallpreside at all meetings of the Board. In theabsence of the Chairman from any meetingof the Board the Vice-Chairman of theBoard shall preside. In the absence of boththe Chairman and the Vice-Chairman from

Remunerationof members ofthe Board.

Presidency ofmeetings.

Seal of theBoard.

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any meeting of the Board, the memberspresent shall elect one of their number topreside at the meeting.

9. The quorum for any meeting of theBoard shall be three.

10. (1) Every question which comes upfor consideration before the Board shall bedealt with at a meeting of the Board, andshall be determined by the majority of themembers of the Board present and voting.

(2) In the event of an equality of votes onany question considered at a meeting of theBoard, the Chairman of that meeting shallhave a casting vote in addition to hisoriginal vote.

(3) Subject to the provisions of this Law,the Board may regulate its own procedure.

11. The head office of the Board shall beat such place in Sri Lanka as may bedetermined by the Board with theconcurrence of the Minister.

12. The Minister may. after consultationwith the Board, give the Board in writinggeneral or special directions as to theexercise, discharge and performance of itspowers, functions and duties in relation tomatters which appear to him to affect thenational interest, and the Board shall giveeffect to such direction.

13. All members of the Board shall bedeemed to be public servants within themeaning and for the purposes of the PenalCode.

14. The Board shall be deemed to be ascheduled institution within the meaning ofthe Bribery Act, and the provisions of thatAct shall be construed accordingly.

PART II

AREAS OF AUTHORITY, AND POWFRS,FUNCTIONS AND DUTIES, OF THL BOARD

15. (1) The Minister may, with theconcurrence of the Minister in charge of thesubject of Local Government, by Orderpublished in the Gazette, declare any sucharea in Sri Lanka as may be specified in the

Order to be an area of authority of theBoard.

(2) Any area in respect of which an Orderis made under subsection ( I ) may includethe whole, or any part, of the administrativelimits of one, or more than one, localauthority.

(3) Any Order made by the Ministerunder the preceding provisions of thissection shall come into operation on thedate of its publication in the Gazette- or onsuch later date as may be specified therein.

16. (1) It shall be the duty of the Boardin each area of its authority :—

(a) to develop, provide, operate andcontrol an efficient, co-ordinatedwater supply and to distribute waterfor public, domestic or industrialpurposes;

(b) to establish, develop, operate andcontrol an efficient, co-ordinatedsewerage system;

(c) to take over and carry on any watersupply or sewerage undertakingtransferred to the Board undersection 57 ;

(d) to take over and carry on any watersupply or sewerage undertaking ofany local authority transferred tothe Board under section 64 by avoluntary transfer Order or acompulsory transfer Order;

(e) to provide a supply of water anddistribute it or sell water in bulk orotherwise, to any local authority,any Government department, anyother insti tution or organization, orany individual; and

(f) to do all other acts and things as maybe necessary for the aforesaidpurposes.

(2) Nothing in this section shall beconstrued as imposing on the Board, eitherdirectly or indirectly, any form of duty orliability enforceable by proceedings beforeany court or tribunal to which the Boardwill not otherwise be subject.

Quorum.

Meetings ofthe Board.

Head officeof the Board.

Minister'sdirections tothe Board.

Members ofthe Boarddeemed to bepublic servants.

The Boarddeemed to bea scheduledinstitutionwithin themeaning of theBribery Act.

Areas ofauthority ofthe Board.

General dutiesof the Board inits areas ofauthority.

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NATIONAL WATER SUPPLY AND DRAINAGE BOARD [Cap.541

(3) Nothing in this section shall precludethe Board from carrying out such works asmay be necessary in any part of Sri Lankafor the discharge of its functions.

17. The Board may exercise all or any ofthe following powers:—

(a) to purchase water in bulk;

(b) to carry out investigations and tocollect and record data concerningthe provision, development andmaintenance of water supply andsewerage services;

(c) to acquire, hold, take or give on leaseor hire, mortgage, pledge or sellor otherwise dispose of, anyimmovable or movable property ;

(d) to enter into and perform, eitherdirectly or through duly authorizedagents, all such contracts as may benecessary for the performance ofthe duties and the exercise of thepowers of the Board ;

(e) to do anything necessary for thepurpose of advancing the skill ofpersons employed by the Board orthe efficiency of the equipment ofthe Board, or for improving themanner in which that equipment isoperated;

(f) to conduct research into mattersa f f e c t i n g t h e p r o v i s i o n ,development and maintenance ofwater supply and sewerage services ;

(g) to provide facilities for trainingpersons required to carry out thework of the Board, including thearrangement by the Board with anybody or agency for such facilities ;

(h) to establish provident funds andpension funds, and to providewelfare and recreational facilities,houses, hostels and other likeaccommodation, for the personsemployed by the Board ;

(i) subject to the provisions of Part IV ofthis Law, to make rules in relation

to the officers and servants of theBoard, including their appointment,p r o m o t i o n , r e m u n e r a t i o n ,disciplinary control, conduct andthe grant of leave to them;

(j) to enter into joint schemes with anyGovernment department or anybody approved by the Minister, forthe provision, development andmaintenance of water supply andsewerage services;

(k) to make rules in respect of theadministration of the affairs of theBoard ;and

(l) to do all other things which, in theopinion of the Board, are necessaryto facilitate the proper carrying onof its business.

18. The Board may, from time to time,appoint any Government department, anyother organization or institution, or anyindividual to be, or to act as, consultants tothe Board and pay them such remunerationas it thinks proper.

19. It shall be the duty of the Board,and the Board shall have the power, tosupervise and control the operation of allwaterworks and sewerage works installedfor the purpose of any joint scheme enteredinto by the Board under the provisionsof paragraph (j) of section 17 with anyGovernment department or any bodyapproved by the Minister :

Provided, however, that in the exercise ofsuch supervision and control, the Boardshall have due regard to the needs of suchdepartment or body.

20. Where any dispute arises betweenthe Board and any Government departmentor body referred to in section 19 inconnexion with the exercise of the powers ofthe Board under that section, such disputeshall be referred to the Minister, and thedecision of the Minister thereon shall befinal, and shall not be called in question inany court or tribunal.

Power of theBoard tosupervise andcontrolwaterworksand sewerageworks installedfor jointschemes.

Disputesarising fromexercise ofpowers ofBoard undersection 19.

Powers ofthe Board.

Consultants.

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21. No person or body other than theBoard shall, except with the writtenpermission of the Board given with theapproval of the Minister, undertake thesupply of water in any area of authority ofthe Board :

Provided, however, that the precedingprovisions of this section shall not apply tothe supply of such water by a local authoritywithin its administrative limits if, but onlyif, the water supply and sewerageundertaking of such authority has not beentransferred to the Board by a voluntarytransfer Order or a compulsory transferOrder.

22. The Board may, from time to time,in any part of Sri Lanka construct intakes,filters, tanks, aqueducts or other works forbringing water to the area or areas ofauthority of the Board for the use of theinhabitants.

23. (1) The Board in laying down anypipes for the water supply of the Boardmay, if it considers it necessary, carry suchpipes through, across, or under any street orany place laid out or intended for a street,or under any building, any cellar or vault,or into, through, or under any enclosed orother land whatsoever. The Board shall, inevery such case, give two calendar months'notice of its intention so to do to the ownerof the property affected by such work, andshall on completion of the work pay to himreasonable compensation for any lossor damage sustained by him by reasonof the carrying out of any work authorizedby this section. If any dispute arises asto the amount or a p p o r t i o n m e n t ofsuch compensa t ion , such amount orapportionment shall be summarilyascertained and determined on applicationmade by the Board, by the District Court orPrimary Court within whose jurisdiction theproperty affected is situated, and accordingas such amount or apportionment exceedsor does not exceed one thousand fivehundred rupees. The decision of the DistrictCourt or Primary Court shall be subject toan appeal to the Court of Appeal.

(2) Every such appeal shall be presentedwithin the time and in the manner andsubject to the rules and practice provided

for and observed in appeals from orders ofDistrict Courts or Primary Courts in theirordinary jurisdiction.

24. (1) If any private street has beenconstructed to which one or more houseshave access, the Board may lay, enlarge, orextend a water main along such private streetof such dimensions as may be necessary, andmay apportion the whole or part of the costof laying, enlarging, or extending such mainamong the owners of the premises frontingupon, adjoining, abutting, or having accessto, or deriving any degree of benefit from,such main according to the areas of therespective premises which may derive, or beso situated as to derive, any such benefit fromthe laying, enlarging, or extending of the saidmain.

(2) The initial cost of laying, enlarging, orextending such main shall be borne by theBoard, and the property in the said main shallremain in the Board.

(3) The sums apportioned for payment bythe owners of the respective premises shall bemade a charge upon such premises, and noprivate service shall be granted to suchpremises until the sum apportioned in respectthereof has been paid or an engagement topay the same be made with the Board ashereinafter provided.

(4) When any premises in any such privatestreet has an already existing supply of waterfrom the Board's mains by private pipes, theBoard may, whenever it shall becomenecessary to take up such private pipes forcleaning or renewal, call upon the owner toconnect with the new main.

(5) (a) In any case where any existing mainhas been laid in any private street at theexpense of any private person, it shall belawful for such person to recover from theowner or owners of any property frontingupon, adjoining, abutting on, or having accessto such private street, who apply to the Boardfor a private service of water, such anapportionment of the cost of the laying of thesaid main as may be determined by theGeneral Manager of the Board in proportionto the frontage of the premises abutting onsuch street.

(b) No person shall be permitted to make aconnection with any such main until he

Board to lay orenlarge watermain alongprivate street.

Board toundertakeexclusivelysupply ofwater.

Board toconstructintakes, filters,tanks,aqueducts, andother works.

Power of theBoard to breakup streets, &c.,and enterprivate land.

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Right of waterrate payers tofree use ofwater frompublic stand-pipes fordomesticpurposes.

" Domesticpurposes ",what notincluded in.

Power ofGeneralManager toenter andexaminepremises.

has paid or given a guarantee for thepayment of such apportionment to thesatisfaction of such private person.

(6) (a) When any premises fronting upon,adjoining, abutting on, or having access toany such private street has an existingsupply of water from the Board's mains byprivate pipes other than the main which hasbeen laid at the cost of any private personaforesaid, the owner of such premises maybe permitted to use such pipes until suchtime as it shall become necessary to take upsuch pipes for cleaning or renewal.

(b) When it shall become necessary totake up such pipes for cleaning or renewal,the owner of the said premises shall not bepermitted to re-lay such pipes in theirformer position, but shall connect them withthe main in the private street laid by theprivate person aforesaid, and shall, beforeany connection is made therewith, pay suchapportionment of the cost of laying theaforesaid main as shall be determined bythe Genera l M a n a g e r of the Board inproportion to the frontage of the premisesabutting on such street.

(7) All mains laid in any private streetshall vest in the Board, and the cost of theirmaintenance, renewal, and repair shall beborne by the Board.

25. Every person paying the water rateleviable under the provisions of this Lawshall be entitled to have, free of furthercharge in respect thereof, a supply of waterfrom the public stand-pipes for the domesticuse of himself and his household.

26. A supply of water for domesticpurposes shall not include a supply of waterfor horses or cattle or for washing vehicleswhere such horses, cattle or vehicles arekept for sale or hire, or a supply for anytrade, manufacture, or business, or forfountains or swimming baths, or for anyornamental or mechanical purpose, or forpurposes of irrigation.

27. The General Manager of the Boardor any person authorized in that behalf byhim, may, at any time between eight of theclock in the morning and five of the clock inthe evening, after giving not less than onehour's notice to the occupier of any

building or premises supplied with waterunder this Law, enter such building orpremises and examine the condition of thepipes, works, and fittings, and ascertain ifthere be any waste or misuse of such water.If the General Manager or any personauthorized by him is at any such timewithout reasonable cause refusedadmittance into such building or premisesfor the purpose aforesaid, or is preventedwithout reasonable cause from making suchexamination, the General Manager maystop the supply of water to such building orpremises.

28. If any person supplied with waterfrom the Board wilfully or negligentlycauses or suffers any pipe, valve, cock,cistern, soil pan, water-closet, or otherapparatus or receptacle to be out of repair,or to be so used or contrived that the watersupplied to him from the Board is or islikely to be wasted, misused, undulyconsumed, or contaminated, or so as tooccasion or allow the return of foul air orother noisome or impure matter into anypipe belonging to or connected with thepipes of the Board, he shall be guilty of anoffence, and be liable on conviction aftertrial before a Magistrate for every suchoffence to a fine not exceeding one hundredrupees.

29. The General Manager of the Boardmay repair or renew or substitute any pipe,valve, cock, cistern, soil pan, water-closet,or other apparatus or receptacle in anypremises so as to prevent any waste ofwater, and the expenses of such repair orrenewal or substitution shall be defrayed bythe owner or occupier of the premises, andthe same may be recovered by the Board asif it were a water supply charge payableunder this Law.

30. Every person who—

(a) not having a supply of water from theBoard for other than domesticpurposes, uses for other thandomestic purposes any watersupplied to him by the Board ; or

(b) having from the Board a supply ofwater for other than domesticpurposes, uses for any purposes

Penalty forsuffering pipes,&c., to be outof repair.

Power ofGeneralManager torepair pipes,&c., andrecoverexpenses.

Misuse ofwater.

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Penalty foraffixing pipe orapparatus tocommunicationor other pipewithout theconsent of theGeneralManager.

Penalty forsupplyingwater to. orpermitting it tobe taken fromsuppliedpremises by,any otherperson.

Penalty fortaking or usingwater fromreservoir, &c,

other than those for which he isentitled to use the same,

shall be guilty of an offence, and shall beliable on conviction after trial before aMagistrate to a fine not exceeding twentyrupees, without prejudice to the right of theBoard to recover from him the value of thewater misused.

31. It shall not be lawful for the owneror occupier of any premises supplied withwater from the Board, or any consumer ofthe water of the Board, or any other personto affix or cause or permit to be affixed anypipe or apparatus to any pipe or apparatusprovided for the conveyance, reception, orcontrol of water from the Board, whether ornot such pipe or apparatus is the propertyof the Board or private property, withoutthe consent in every such case of theGeneral Manager of the Board; and if anyperson acts in any respect in contraventionof the provisions of this section, he shall, forevery such offence, be liable on convictionafter trial before a Magistrate to a fine notexceeding fifty rupees, without prejudice tothe right of the Board to recover damagesfrom him in respect of any injury done tothe Board's property, and without prejudiceto its right to recover from him the value ofany water wasted, misused, or undulyconsumed.

32. Every owner or occupier of anypremises supplied with water under thisLaw, who shall supply to any other personor wilfully permit him to take any such

. water from any cistern or pipe in suchpremises, unless for the purpose ofextinguishing any fire, or unless he be aperson supplied with water from the Board,and the pipes supplying him be, without hisdefault, out of repair, shall be guilty of anoffence, and liable to a fine not exceedingfifty rupees.

33. Every person who wrongfully takesor uses any water from any reservoir,watercourse, conduit, or pipe belonging tothe Board, or from any pipe leading to orfrom any such reservoir, watercourse,conduit, or pipe, or from any cistern orother like place containing water belongingto or supplied from the Board, or for theuse of any consumer of the water of theBoard, other than such as may have been

Penalty fordestroying orinjuring works,&c., andwasting water.

Power ofGeneralManagerto cut offwater supplyin certaincases.

provided for the gratuitous use of thepublic, shall be guilty of an offence andliable on conviction after trial before aMagistrate to a fine not exceeding onehundred rupees.

34. Every person who, without theauthority of the General Manager of theBoard, shall wilfully or carelessly break,injure, open, close, or wrongfully interfereor tamper with any lock, hydrant, cock,valve, pipe, work, or engine belonging to theBoard, or shall draw off the water from thereservoirs or other works belonging to theBoard, or shall do any other wilful actwhereby such water shall be wasted, or thesupply thereof interfered with, shall beguilty of an offence, and be liable onconviction after trial before a Magistrate toa fine not exceeding one hundred rupees.

35. If any person supplied with waterfrom the Board does or causes or permits tobe done anything in contravention of any ofthe provisions of this Law, or regulationsmade under this Law, or wrongfully fails todo anything which under any of thoseprovisions ought to be done for theprevention of the waste, misuse, undueconsumption or contamination of the waterbelonging to the Board, the GeneralManager of the Board may (withoutprejudice to any remedy against such personin respect thereof) cut off any of the pipesby or through which water is supplied tosuch person or for his use, and may cease tosupply him with water.

36. In all cases in which the GeneralManager of the Board is by this Lawauthorized to cut off or stop the supply ofwater to any building or premises, and in allcases in which any building or premisessupplied with water by the Board shall havebecome unoccupied, the General Manager,his agents and workmen, after givingreasonable notice to the owner or occupier.may enter such building or premisesbetween the hours of eight of the clock inthe morning and five of the clock in theevening and cut off any pipes by which suchwater is conveyed to such premises, andmay remove any pipe, meter, fittings andapparatus, which is the property of theBoard.

37. Every person who shall commit anyof the offences next hereinafter enumeratedshall on conviction after trial before a

GeneralManager or hisagents mayenter anybuilding orpremises forcutting offwater supply.

Penalty forfouling wate&c.

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Penalty fordoing any actconnected withany business bywhich thewater in anystream, &c,,belongingto thewaterworksis fouled.

Magistrate for every such offence bepunished with a fine not exceeding fiftyrupees, that is to say :—

(a) bathing in any stream, reservoir,aqueduct, or other waterworksbelonging to the Board, or washing,throwing, or causing to entertherein any dog or other animal;

(b) throwing any rubbish, dirt, filth, orother noisome thing into any suchs t r e a m , r e s e r v o i r , a q u e d u c t , .hydrant, surface-box, or otherwaterworks as aforesaid, orwashing or cleansing therein anycloth, wool, leather, or skin of anyanimal, or any clothes or otherthing;

(c) trespassing upon land belonging tothe waterworks or upon thebuildings or premises connectedwith the water supply ;

(d) unlawfully breaking, injuring, or inany other manner causing damageto any channel, tank, reservoir,cistern, well, fountain, stand-pipe orother work connected with thewater supply;

(e) causing the water of any sink, sewer,or drain, steam engine, boiler, orother water belonging to him orunder his control, to run or bebrought into any stream, reservoir,aqueduct, or other waterworksbelonging to the Board, or doingany other act whereby the waterbelonging to the waterworks shallbe fouled;

and every such person shall be liable to afurther fine of ten rupees for each day (ifmore than one) that such last-mentionedoffence shall be continued.

38. (1) Whoever, being the owner,superintendent, agent, manager, or occupierof any premises in which any business iscarried on does or causes to be done any actconnected with such business by which thewater in any stream, reservoir, cistern,aqueduct, or other work belonging to theBoard is or is likely to be fouled, shall begui l ty of an offence, and liable on

conviction after trial before a Magistratenotwithstanding the provisions of section37, to a fine not exceeding one thousandrupees, and a further fine, not exceeding fivehundred rupees for each day on which theoffence is continued after the expiration oftwenty-four hours after a notice signed bythe General Manager of the Board is servedon any such person.

(2) The General Manager of the Board orany person authorized by him in writing inthat behalf may, with the permission of theChairman of the Board, after the expirationof twenty-four hours after the notice signedby the General Manager of his intention soto do has been served on such owner,superintendent, agent, manager or occupier,lay open and examine any pipe or workdirectly or indirectly connected with suchpremises, and any stream, reservoir, cistern,aqueduct, or other work belonging to theBoard.

39. If upon such examination it appearsthat any water has been fouled by anythingproceeding from or contained in the pipe orworks examined, the expenses of suchexamination shall be paid by the person towhom such pipes or works belong, or underwhose management or control they are. Ifupon such examination it appears that suchwater has not been so fouled, then suchexpenses shall be borne by the Board.

40. The Board may, from time to time,in any part of Sri Lanka, construct sewers,appurtenances, outfalls, treatment worksand other works for the effectual collectionand disposal of sewerage in the area or areasof authority of the Board.

41. (1) The Board in laying out anypipes or sewers may carry them through,across, or under any street or any place laidout or intended for a street, or any cellar orvault which is under any of the streets and(after reasonable notice in writing in thatbehalf) into, through, or under any enclosedor other land whatsoever, doing as littledamage as may be and making fullcompensation for any damage done. If any

Board toconstructsewers,outfalls.treatmentworks andother works.

Power of theBoard to breakup streets, &c.,and enterprivate land.

Cost of the examination.

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dispute arises as to the amount orapportionment of such compensation, suchamount or apportionment shall besummarily ascertained and determined onapplication made by the Board by theDistrict Court or Primary Court withinwhose jurisdiction such pipes or sewers aresituated, and according as such amount orapportionment exceeds or does not exceedone thousand five hundred rupees. Thedecision of the District Court or PrimaryCourt shall be subject to an appeal to theCourt of Appeal.

(2) Every such appeal shall be presentedwithin the time and in the manner andsubject to the rules and practice providedfor and observed in appeals from orders ofDistrict Courts or Primary Courts in theirordinary jurisdiction.

42. (1) The Board may cause such pipesand fittings as it may deem necessary for theproper ventilation of public sewers to befixed to the outside of any building.

(2) Such pipes and fittings shall be soconstructed and fixed as to occasion theleast possible inconvenience in theneighbourhood. The outlet of every suchpipe shall be at least two feet above theeaves of the buildings to which it is affixedand at least ten feet distant from anywindow.

43. (1) Every person who, without thewritten consent of the Board first obtained,connects or causes to be connected anyprivate sewer directly or indirectly with anypublic sewer, shall be guilty of an offenceand shall be liable on conviction after trialbefore a Magistrate to a fine not exceedingone hundred rupees, and, in the case of acontinuing offence, to an additional fine notexceeding twenty-five rupees for each dayduring which the offence is continued after aconviction thereof.

(2) The Board may cause any privatesewer which is connected with any suchpublic sewer without its consent, to bedemolished, altered or otherwise broughtinto conformity with the provisions of thisLaw; and all the expenses incurred therebyshall be paid by the person who connectedor caused such sewer to be connected and, in

Erection ofbuilding overpublic sewers,&c.

the case of default, shall be recoverable as asewerage charge.

44. (1) Every person who erects orconstructs or causes to be erected orconstructed any building or work over anypublic sewer without the written consent ofthe Board first obtained, shall be guilty ofan offence and shall be liable on convictionafter trial before a Magistrate to a fine notexceeding one hundred rupees, and, in thecase of a continuing offence, to anadditional fine not exceeding twenty-fiverupees for each day during which theoffence is continued after a convictionthereof.

(2) The Board may cause any building orwork referred to in subsection (1), which iserected or constructed without its consent,to be demolished, altered or otherwisebrought into conformity with the provisionsof this Law; and the expenses therebyincurred shall be paid by the person whohas erected or constructed or caused theerection or construction of such building orwork, and in case of default shall berecoverable as a sewerage charge.

45. (1) All works connected with—

(a) the construction, fixing or alterationof any private sewer or sewerageappliance; or

(b) the connection of any private sewerwith any public sewer,

shall be carried out either by an officer ofthe Board or by a person licensed in thatbehalf by the Board at the cost and chargeof the owners of the premises sewered, andin accordance with the provisions of thisLaw, or any regulations for the time beingin force:

Provided that the preceding provisions ofthis subsection shall not apply in the case ofany public sewer or any appliance connectedtherewith.

(2) Every person who, not being anofficer of the Board or a person licensed bythe Board, carries out any work referred toin subsection (1) shall be guilty of an offenceand shall be liable on conviction after trialbefore a Magistrate to a fine not exceedingone hundred rupees.

Power to affixto buildings,pipes forventilation ofsewers.

Connection ofprivate sewerwith any publ icsewer withoutauthority.

Construction,&c.. of privatesewers.

XV1I/72


(3) Where any work referred to insubsection (1) is carried out by any person(other than an officer of the Board, orperson licensed by the Board) or otherwisethan in accordance with the provisions ofthis Law or of any regulations for the timebeing in force, the Board may cause suchwork to be demolished, altered, or otherwisebrought into conformity with suchprovisions and the expenses therebyincurred shall, except in the case where thework was carried out by an officer of theBoard, be paid by the owner of the premiseson which the work was carried out and incase of default, shall be recoverable as asewerage charge.

(4) Any work carried out under theprovisions of this section shall be open, atall reasonable times, to the inspection of theofficers of the Board.

46. (1) Every person who erects orcauses to be erected any new building, orrebuilds or causes to be rebuilt any building,shall cause such building to be providedwith such sewers and appliances as may, inthe opinion of the Board, be necessary forthe sewerage of such building, and for thecollection and removal of any sullage, foulliquids or faecal matter therefrom inaccordance with the provisions of this Lawor any regulations for the time being inforce.

(2) Every person who fails or neglects toprovide such sewers and appliances asaforesaid shall be guilty of an offence andshall be liable on conviction after trialbefore a Magistrate to a fine not exceedingtwo hundred and fifty rupees.

47. (1) Where any premises are withinthree hundred feet of any public sewer orother fit place into which sewage maylawfully be discharged, the Board may bynotice in writing served on the owner ofsuch premises, require such owner withinsuch time as may be specified in the notice,to provide and execute to the satisfactionof the Board, in accordance with anyregulations for the time being in force, all orany of the following works that the Boardmay deem necessary for the effectualsewering of such premises, that is to say :—

(a) to provide and construct suchchannels, sewers, gullies, manholes

and appliances as may be necessaryfor the removal and discharge intosuch sewer or other fit place ofsullage and foul liquids;

(b) where a sufficient water supply isavailable, to provide and constructsufficient and suitable water-closetsor additional water-closets andsewers and other appliances inconnection therewith, and toconvert any earth closet, privy,cesspit, closet or other latrine into awater-closet or abolish any suchearth closet, privy, cesspit, closet orother latrine;

(c) to reconstruct, take up and removeany existing sewer or appliance(other than any sewer or appliancethat has been laid with the sanctionof the Board for the sewerage ofsuch premises on the water carriagesystem) that may be, in the opinionof the Board, unnecessary orinsanitary.

(2) Every owner who fails or neglects tocomply with the requirements of any noticeserved on him under subsection (1) withinthe time specified in the notice, shall beguilty of an offence and shall be liable onconviction after trial before a Magistrate toa fine not exceeding one hundred rupees.

48. (1) Where it appears to the Board tobe more economical or otherwise moreadvantageous that the sewerage of a groupof premises, whether contiguous orotherwise, should be undertaken as a wholerather than separately, the Board may causeto have drawn up a scheme for the seweringof such group of premises in accordancewith the following provisions.

(2) In every such case the Board shallcause to be prepared—

(a) plans showing the premises affected,and the nature and extent of thenecessary works;

(b) a schedule of the premises and namesof the owners thereof as can beascertained;

Sewers in newbuildings.

Sewerage ofpremises withinthree hundredfeet of sewer.

Sewerage incombination.

XVII/73


(c) an estimate of the cost of the workthat is, in the opinion of the Board,necessary for carrying such schemeinto effect;

(d) a provisional apportionment of suchcost amongst the owners affected insuch proportion as may seem to theBoard to be most equitable havingregard to the greater or less degreeof benefit to be derived by thepremises from any work soundertaken.

(3) The Board shall cause written noticein Sinhala, Tamil and English to be given tothe owners of all the premises to be sewered,of the intention to cause the proposed worksto be done in accordance with theprovisions of this section, either by servingit upon them personally, or by leaving it attheir respective residences or places ofbusiness, or by posting registered lettersaddressed to them at their residence orplaces of business.

(4) During one month from the date ofservice of such notice the above-mentionedparticulars or certified copies thereof shallbe kept deposited at the Board office andshall be open to inspection at all reasonabletimes.

(5) During the said month the owner ofany such premises may, by written noticeserved on the Board, object to the proposalson any of the following grounds, that is tosay:—

(a) that the proposed works areinsufficient or unnecessary or arenot required in pursuance of thisLaw;

(b) that the estimated cost of the work isexcessive;

(c) that the provisional apportionment ofsuch cost is incorrect in somematter of fact to be specified in theobjection;

(d) that any premises should be excludedfrom or included in the proposals ;

(e) that there has been some materialin formal i ty , defect or error in

respect of the notices, plans orestimates;

(f) that any compensation to be paid isexcessive or insufficient.

(6) The Board shall consider anddetermine the objections and its decisionsthereon shall be final.

(7) In any case where no such objectionshave been raised or in any case where suchobjections have been raised and have beendetermined by the Board, the Board maygive orders for the sewering of the premisesin accordance with the scheme, and if itconsiders it expedient may—

(a) proceed to execute, by contract orotherwise, all or any of the worksnecessary for carrying into effectthe scheme mentioned in subsection(1) of this section; or

(b) by notice in writing, require all or anyof the owners to provide andexecute, within such time as may bespecified in the notice, all or any ofthe works that may be required tobe done in or exclusively for thesewering of the premises.

(8) The Board may recover in equalproportions from the owners of all or any ofthe premises included in any schemeprepared under this section a reasonablesum as expenses for surveys and preparationof plans.

(9) When the Board has completed theexecution of any works under this sectionand the expenses thereof have beenascertained, a final apportionment shall bemade in similar manner to the provisionalapportionment and the expenses recovered.

(10) The cost of the maintenance of thesystem of sewerage made under such schemeas aforesaid shall be borne equally by theowners of the premises affected by suchscheme.

(11) Every owner who fails or neglects tocomply with the requirements of any noticeserved on him under subsection (7) (b) withinthe time specified in the notice, shall be

XVII/74


guilty of an offence and shall be liable onconviction after trial before a Magistrate toa fine not exceeding fifty rupees.

49. (1) When it appears to the Boardthat the only or best practicable means bywhich a sewer required for the sewering ofany premises can be emptied into any seweror other fit place into which a sewer maylawfully be discharged is by carrying thesame into, through or under any landbelonging to some person other than theowner of the said premises, the Board aftergiving the owner of the said land areasonable opportunity of stating anyobjection, may, if no objection is raised or ifany objection which is raised appears to theBoard invalid or insufficient, by an order inwriting authorize the owner of the saidpremises to carry his sewer into, through, orunder the said land in such manner as theBoard shall think it fit to allow.

(2) Every such order bearing thesignature of the General Manager of theBoard shall be complete authority to theperson in whose favour it is made, or to anyagent or person employed by him for thatpurpose, after giving the owner of such landreasonable written notice of his intention soto do, to enter upon the said land withassistants and workmen at any time betweensunrise and sunset and to execute thenecessary work.

(3) Subject to the provisions of this Law,the owner or occupier of any premises, orany agent or person employed by him forthat purpose, may, after giving the owner ofany land, wherein a sewer has already beenlawfully constructed for the sewering of hispremises, reasonable written notice of hisintention so to do, enter upon the said landwith assistants and workmen at any timebetween sunrise and sunset for the purposeof repairing or cleansing such sewer.

(4) In executing any work under thissection as little damage as possible shall bedone; and the owner or occupier of thepremises for the benefit of which the work isdone shall—

(a) cause the work to be executed withthe least practicable delay;

(b) fill in, reinstate, and make good at hisown cost the land broken up for thepurpose of executing the said work ;and

(c) pay compensation to any person whosustains damage by the execution ofthe said work.

(5) Every owner of land who refuses topermit or prevents without reasonable causethe execution of any work in accordancewith the provisions of this section, shall beguilty of an offence and shall on convictionafter trial before a Magistrate be liable to afine not exceeding one hundred rupees; andevery such owner who persists in suchrefusal or who continues to prevent theexecution of such work after a convictionthereof shall be guilty of a continuingoffence and shall on conviction be liable toa fine not exceeding twenty-five rupees foreach day during which the offence iscontinued.

(6) When the owner of any land, into,through or under which a sewer has beencarried under this section while such land isunbuilt upon, desires at any time afterwardsto erect a building on such land, the Boardshall, by written notice, require the owner oroccupier of the premises for the benefit ofwhich such sewer was constructed to close,remove, divert, reconstruct, or protect thesame in such manner as may be approvedby the Board and to fill in, make good, andreinstate the land:

Provided that no such requisition shall bemade unless, in the opinion of the Board, itis necessary or expedient, in order to admitof the construction of the proposed buildingor the safe enjoyment of the same, that thesewer should be closed, removed, diverted,reconstructed or protected.

(7) Every owner or occupier who refusesto comply with the requirements of anynotice served on him under subsection (6)within a reasonable time, shall be guilty ofan offence, and shall on conviction aftertrial before a Magistrate be liable to a finenot exceeding one hundred rupees.

50. (1) Where it appears to the Boardthat the only or best practicable means, bywhich a sewer required for the sewering of

Right to carrysewers throughland belongingto otherpersons.

Right ofowners to jointuse of sewers.

XVII/75


any premises can be emptied into any seweror other fit place into which sewers maylawfully be discharged is through a sewerbelonging to some person or persons otherthan the owner of the said premises, theBoard after giving the said person orpersons a reasonable opportunity of statingany objection thereto, may, if no objectionis raised, or if any objection which is raisedappears to the Board invalid or insufficient,by an order in writing, authorize the saidowner to use the last-mentioned sewer, ordeclare him to be a joint owner or one ofthe joint owners thereof, on such conditionsas to the payment of rent or compensation,and as to connecting the sewer of the saidpremises with such other sewer as aforesaid,and as to the respective responsibilities ofthe parties for maintaining, flushing,cleansing and emptying such last-mentionedsewer or otherwise as may appear to theBoard equitable.

(2) Every such order bearing thesignature of the General Manager of theBoard shall be a complete authority to theperson in whose favour it is made, or to anyagent or person employed by him for thatpurpose, after fulfilling the conditions of thesaid order, and after giving the owner orowners of the sewer reasonable notice inwriting of his intention so to do, to enterupon the land in which such sewer issituated with assistants and workmen at anytime between sunrise and sunset and subjectto the provisions of this Law, to do all suchthings as may be necessary for—

(a) connecting the two sewers ;

(b) renewing, altering, or repairing theconnection; and

(c) discharg ing any responsib i l i tyattaching to the person in whosefavour the Board's order is madefor maintaining, flushing, cleansingor emptying the sewer or any partthereof.

(3) In executing any work under thissection as little damage as possible shall bedone, and the person in whose favour theBoard's order is made shall—

(a) cause the work to be executed withthe least practicable delay ;

(b) fill in, reinstate, and make good at hisown cost the land broken up, orrepair and make good any damageto buildings occasioned by theexecution of the said work; and

(c) pay compensation to any person whosustains damage by the execution ofthe said work.

(4) Every owner or occupier of anypremises who refuses without reasonablecause, to permit, or prevents the executionof any work in accordance with theprovisions of this section, shall be guilty ofan offence and shall on conviction after trialbefore a Magistrate be liable to a fine notexceeding one hundred rupees; and everysuch owner or occupier who persists in suchrefusal or who continues to prevent theexecution of such work after a convictionthereof shall be guilty of a continuingoffence and shall, on conviction asaforesaid, be liable to a fine not exceedingtwenty-five rupees for each day duringwhich the offence is continued.

51. (1) Every sewer and every fixture orappliance connected therewith shall, fromtime to time, be repaired, flushed, cleansed,and cleared by the owner or occupier of thepremises within which such sewer may besituated.

(2) The Board may, by notice in writing,served on the owner or occupier of suchpremises, require such owner or occupierwithin such time as may be specified in thenotice, to repair, flush, cleanse or clear suchsewer, fixture or appliance.

(3) The Board may, if the requirements ofsuch notice are not complied with, or if theBoard receives an application from the saidowner or occupier so to do, or if the Boarddeems immediate action is necessary, repair,flush, cleanse, or clear such sewer, fixture,or appliance, and the expenses incurredthereby shall be paid by the said owner oroccupier and, in case of default, shall berecoverable as a sewerage charge.

(4) The owner of any premises in whichsewers, fixtures and appliances connectedtherewith are provided for the common useof the occupiers of such premises shall make

Maintenanceand repair ofsewer.

XVII/76


such provision and take such measures asmay be necessary for keeping such sewers,fixtures and appliances in a proper sanitarycondition. Every such owner who, after duenotice in writing in that behalf for theBoard, fails to make such provision or totake such measures as the Board may thinkfit, shall be guilty of an offence and shall beliable on conviction after trial before aMagistrate to a fine not exceeding fiftyrupees.

(5) Where any sewer, not being a sewervested in the Board, or any fixture orappliance is provided for the benefit of morepremises than one, the Board may, inpursuance of the provisions of this section,by notice in writing, require the owners oroccupiers of such premises, within such timeas may be specified in the notice, to executeall or any of the works aforesaid, and theBoard may, either in default of compliancewith the requirements of such notice, orwithout such notice if the Board deemsnecessary, execute all or any of such worksand recover the expenses of so doing fromthe said owners or occupiers in suchproportions as it may deem just.

(6) Every owner or occupier who fails orneglects to comply with the requirements ofany notice served on him under subsection(2) or subsection (5) within the timespecified in the notice shall be guilty of anoffence shall be liable on conviction aftertrial before a Magistrate to a fine notexceeding fifty rupees.

52. (1) Where, in the opinion of theBoard—

(a) any sewers or any fixtures andappliances connected therewithprovided for the sewering of anypremises are defective or in acondition injurious to health;

(b) any such sewers or appliances areimproperly connected to any publicor other sewer; or

(c) any such sewers are not provided withproper and sufficient traps, gullies,ventilating shafts, inspectionchambers, or other such appliances,

the Board may, by notice in writing, servedon the owner or occupier of such premises,require such owner or occupier, within suchtime as may be specified in the notice, tore-lay, reconstruct, make good, disconnect,or abolish such defective or impropersewers, connections, fixtures and appliancesand provide sufficient suitable sewers,connections, fixtures and appliances inaccordance with the provisions of this Lawand any regulations made thereunder.

(2) Every owner or occupier who fails orneglects to comply with the requirements ofany notice served on him under subsection(1) within the time specified in the noticeshall be guilty of an offence and shall beliable on conviction after trial before aMagistrate to a fine not exceeding onehundred rupees.

(3) For the purpose of determiningwhether any such sewers, connections,fixtures or appliances are defective orinjurious to health or improperly connectedto any public or other sewer, the Board mayorder an inspection of the premises at anyreasonable time and the inspecting officermay enter the premises at any reasonabletime (after giving due notice to the occupier)and, if necessary for the purpose of suchinspection, may cause the ground to beopened wherever he may deem fit doing aslittle damage as may be; and where suchsewers, connections, fixtures or appliancesare found to be in a satisfactory conditionthey shall forthwith be reinstated and theground made good at the expense of theBoard.

53. The Board may permit any sewer,manhole, inspection chamber, gully,venti lat ion shaft, or similar appl iancerequired in pursuance of this Law for thesewering of any premises to be constructed,laid or fixed over, through or under anystreet or public place ;

Provided that such permission shall notbe deemed to convey to the owner of suchpremises any special rights whatsoever overthe said street or public place; and theBoard may at any time alter or reconstructany portion of such sewer or appliance as itmay think necessary.

Sewers orappliances laidunder streets.

Reconstructionof defectivesewers andappliances.

XVII/77

Cap. 541] NATIONAL WATER SUPPLY AND DRAINAGE BOARD

54. (1) Any person authorized in thatbehalf by the Board may, after giving duenotice to the occupier, enter any premisesbetween the hours of eight in the morningand five in the evening for the purposeof inspecting, flushing, repairing ormaintaining any sewer, manhole, inspectionchamber, gully, ventilating shaft or otherappliance connected therewith:

Provided that no such notice need begiven in any case where an entry is made forthe purpose of inspecting, flushing ormaintaining any public sewer, or for thepurpose of inspecting any sewer or otheraforementioned appliance which the personauthorized as aforesaid has reason to believeis a source of any nuisance.

(2) Every person who prevents orattempts to prevent a person authorized asaforesaid from entering any premises orrefuses admittance thereto, shall be guilty ofan offence and shall be liable on convictionafter trial before a Magistrate to a fine notexceeding fifty rupees and every person whocontinues to prevent such entry or to persistin such refusal after a conviction thereof,shall be guilty of a continuing offence andshall on conviction as aforesaid be liable toa fine not exceeding twenty-five rupees foreach day during which the offence iscontinued.

55. (1) Every person who uses or causesor suffers to be used any new sewer, gully,bathroom, water-closet, privy, urinal orother sanitary appliance provided inpursuance of this Law without the writtenpermission of the Board, or until the Boardhas given a certificate that such sewer, gully,bathroom, water-closet, privy, urinal, orother sanitary appliance conforms in allrespects to the provisions of this Law and ofany regulations made thereunder shall beguilty of an offence, and shall be liable onconviction after trial before a Magistrate toa fine not exceeding fifty rupees ; and everyperson who, after conviction thereof, uses orcauses or suffers to be used any sanitaryappliance aforesaid without obtaining suchcertificate or permission, shall be guilty of acontinuing offence and shall on convictionas aforesaid be liable to a fine notexceeding twenty-five rupees for each dayduring which the offence is continued.

(2) Any person making such newprovision may apply in writing to the Boardfor such certificate, and thereupon theBoard, after such inquiry as it may considernecessary, shall, within fourteen days of thereceipt of the application, either grant thecertificate, or inform the applicant of itsrefusal to do so, and of the grounds for suchrefusal.

56. (1) No person shall discharge or Offences.cause or suffer to be discharged, without thesanction in writing of the Board, anysullage, foul liquids, or faecal matter intoany drain or other place which is notsuitable or intended to receive suchdischarge, or into any land or place in suchmanner as to cause a nuisance, or wilfullydischarge or cause to be discharged any rainwater into any sewer which is intended tocarry foul water.

(2) No person shall discharge or cause orsuffer to be discharged into any sewer anyhot water, steam, or any liquid which wouldprejudicially affect the sewer or the flow orthe treatment and disposal of sewage orwater conveyed therein, or which wouldfrom its nature, temperature or otherwise belikely to create a nuisance.

(3) No person shall drop, pass or place,or cause or suffer to be dropped, passed orplaced into or in any sewer any brick, stone,earth, ashes or any substance or matterwhich such sewer is not intended to receive,or which by reason of its amount or naturemay be likely to cause such sewer or anyother sewer connected therewith to beobstructed, or which may prejudiciallyaffect any such sewer or the flow therein ormay be likely to create a nuisance.

(4) Without the written permission of theBoard, no person shall in any way alter thefixing, disposition, or position of, orobstruct, remove, stop up, or change anydrain, ventilation pipe, closet, or otherfitting or appliance connected therewith.

(5) No person shall erect, re-erect, oralter any building in such a manner as tocause any sewer, closet, or applianceprovided in or for the benefit of suchbuilding or of any other building within thesame premises to contravene the provisionsof this Law or of any regulations madethereunder.

Entry topremises.

New sewers notto be usedwithoutpermission.

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(6) Every person who contravenes any ofthe preceding provisions of this section shallbe guilty of an offence and shall be liable onconviction after trial before a Magistrate toa fine not exceeding fifty rupees, and everyperson who continues such contraventionafter conviction thereof shall be guilty of acontinuing offence and shall on convictionas aforesaid be liable to a fine not exceedingtwenty-five rupees for each day duringwhich the offence is continued.

PART III

T R A N S F E R TO THE B O A R D OF A N YG O V E R N M E N T W A T E R S U P P L Y A N DSEWERAGE UNDERTAKINGS AND OTHERWATER AND SEWERAGE UNDERTAKINGS

57. (1) As soon as may be convenientafter the coming into operation of this Law,the Minister shall by Order, transfer theundertakings of the Department of WaterSupply and Drainage to the Board and mayby the same or by a subsequent Orderprovide—

(a) for the transfer to, and the vesting in,the Board of any movable orimmovable property of theRepublic required for the purposesof the Board;

(b) for the transfer to the Board of all orany rights, obligations andliabilities relating to or connectedwith such undertakings and for theadaptation or modification ofcontracts or other instruments forthe purpose of giving effect to thetransfer of such rights, obligationsand liabilities to the Board ;

(c) for the adaptation or modification ofany written law to such extent asmay be necessary for the purpose ofenabl ing the Board to carry onsuch undertakings in lieu of theGovernment;

(d) for such financial adjustmentsbetween the Government and theBoard as may be necessary inconsequence of any such transfer;and

(e) for any other matter supplementary toor consequential on the mattersaforesaid including the continuationof legal proceedings.

(2) The provisions of any Order made bythe Minister under subsection (1) may beamended or varied by him, from time totime, by a subsequent Order.

(3) No Order shall be made by theMinister under subsection (1) or subsection(2)-

(a) affecting any immovable property ofthe Republic without theconcurrence of the Minister incharge of the subject of StateLands; or

(b) affecting any matter referred to inparagraph (d) of subsection (1),without the prior concurrence ofthe Minister in charge of the subjectof Finance.

(4) Every Order made by the Ministerunder this section shall be published in theGazette and shall come into operation onthe date of such publication, or on suchlater date as may be specified therein.

(5) Every such Order shall, on its cominginto operation as hereinbefore provided, beas valid and effectual as if it were hereinenacted.

58. (1) Subject to the provisions ofsubsection (2), the Board and any localauthority may, of their own motion, jointlyprepare a transfer scheme, hereafter in thisLaw referred to as a " voluntary transferscheme ", for the transfer to the Board ofthe water supply or sewerage undertakingcarried on by such authority.

(2) The Board shall refer for decision tothe Minister any dispute between the Boardand the local authority upon any matter orquestion in connexion with the preparationof a voluntary transfer scheme, and thedecision of the Minister on such referenceshall be final and conclusive and shall notbe called in question in any court ortribunal.

Transfer to theBoard of anyGovernmentwater supplyand sewerageundertakings.

Voluntarytransferscheme.

XVII/79

Cap. 541] NATIONAL WATER SUPPLY AND DRAINAGE BOARD

59. The Board shall, whenever it isdirected so to do by the Minister undersection 60, prepare a transfer scheme,hereafter in this Law referred to as a"compulsory transfer scheme", for thecompulsory transfer to the Board of thewater supply or sewerage undertakingcarried on by a local authority.

60. (1) Where, as respects the watersupply and sewerage undertaking carried onby a local authority, the Minister issatisfied, after consultation with theMinister in charge of the subject of LocalGovernment and after such inquiry as hemay deem necessary, at which such localauthority and the Board shall be given anopportunity of being heard,—

(a) that such authority has been guilty ofneglect, default, incompetence ormismanagement, in carrying onsuch undertaking; or

(b) that such authority has defaulted inthe payment of the charges for thesupply of water services to theBoard,

the Minister may, with the concurrence ofthe Minister in charge of the subject ofLocal Government, issue a written directionto the Board to prepare a compulsorytransfer scheme for the transfer to the Boardof such undertaking.

(2) Where, as respects the water supplyand sewerage undertaking carried on by alocal authority, the Minister deems itnecessary in the national interest that suchundertaking should be vested in the Boardthe Minister may, with the concurrence ofthe Minister in charge of the subject ofLocal Government, issue a written directionto the Board to prepare a compulsorytransfer scheme for the transfer to the Boardof such undertaking.

61. (1) A transfer scheme preparedunder this Law in respect of the watersupply or sewerage undertaking carried onby a local authority shall provide for thetransfer to the Board of such undertaking,and may, subject to the provisions ofsubsecton (2), also provide—

(a) for the transfer to, and the vesting in,the Board of any movable or

immovable property of suchauthority used for the purposes ofsuch undertaking;

(b) for the transfer to the Board of allor any rights, obligations andliabilities of such authority, relatingto or c o n n e c t e d w i t h s u c hundertaking, and for the adaptationor modification of contracts orother instruments for the purposeof giving effect to the transferof such rights, obligations andliabilities from such authority to theBoard;

(c) for the adaptation or modification ofany written law to such extent asmay be necessary for the purposeof enabling the Board to carry onsuch undertaking in lieu of suchauthority;

(d) for such financial adjustmentsbetween such authority and theBoard as may be necessary inconsequence of any such transfer;and

(e) for any other matter supplementaryto, or consequential on, the mattersaforesaid including the continuationof legal proceedings.

(2) A voluntary transfer scheme shall bearthe seal of the Board and the local authorityin token of its preparation by the Board andsuch authority.

(3) A compulsory transfer scheme shallbear the seal of the Board in token of itspreparation by the Board.

(4) For the purpose of financialadjustments under paragraph (d) ofsubsection (1) the value of movable andimmovable property taken over shall be thedepreciated value of that part of the work orworks financed by the local authority butshall exclude such works or parts of workscarried out with grants or contributionsfrom the Central Government.

62. (1) For the purposes of thepreparation of a transfer scheme under thisLaw in respect of the water supply or

Compulsorytransferscheme.

Direction forpreparation ofcompulsorytransferscheme.

Powers of Board for the

purposes of the preparation of

a transferscheme.

Contents oftransferscheme.

XVII/80


sewerage undertaking carried on by a localauthority, the Board may—

(a) hold such inquiries and inspect suchmovable or immovable property ofthe local authority as the Boardmay consider necessary ; and

(b) request such local authority, or anyofficer of such local authority, tofurnish to the Board suchparticulars and other informationas the Board may considernecessary relating to suchundertaking and other matters forwhich provision is to be made insuch scheme, and to produce forexamination books or documentscontaining such particulars orinformation.

(2) It shall be the duty of a localauthority or any officer of such localauthority to comply with any request issuedto such local authority or such officer, asthe case may be, by the Board undersubsection (1).

(3) Any officer of a local authority whowithout reasonable cause fails to complywith any direction issued to him undersubsecton (1), shall be guilty of an offenceand shall, on conviction after trial before aMagistrate, be liable to imprisonment ofeither description for a period not exceedingone year, or to a fine not exceeding onethousand rupees, or to both suchimprisonment and fine.

63. (1) Upon the completion of thepreparation of a voluntary transfer schemeby the Board and any local authority underthis Law, the Board shall present suchscheme to the Minister for his approval, andupon such presentation the Minister withthe concurrence of the Minister in charge ofthe subject of Local Government shall eitherapprove such scheme without modification,or approve such scheme with any suchmodifications as he may deem necessary.

(2) Upon the completion of thepreparation of a compulsory transferscheme by the Board under this Law, theBoard shall present such scheme to theMinister for his approval, and upon suchp r e s e n t a t i o n the M i n i s t e r w i t h the

concurrence of the Minister in charge of thesubject of Local Government shall eitherapprove such scheme without modification,or approve such scheme with any suchmodifications as the Minister may deemnecessary.

(3) In exercising his power of approvalin respect of any transfer scheme undersubsection (1) or subsection (2), the Ministershall have particular regard to the necessityof ensuring that the transfer scheme makesadequate provision in respect of the mattersspecified in section 61.

64. (1) Where a voluntary transferscheme has been approved by the Ministerunder this Law, the Minister shall prepareand publish in the Gazette, an Order, in thisLaw referred to as a " voluntary transferOrder", embodying the provisions of suchscheme and such other provisions as theMinister may deem necessary to give fullforce and effect to such scheme.

(2) Where a compulsory transfer schemehas been approved by the Minister underthis Law, the Minister shall prepare andpublish in the Gazette an Order, in this Lawreferred to as a " compulsory transferOrder ", embodying the provisions of suchscheme and such other provisions as theMinister may deem necessary to give fullforce and effect to such scheme.

(3) A voluntary transfer Order may, fromtime to time, be amended by the Ministerwith the concurrence of the Minister incharge of the subject of Local Governmentby Order published in the Gazette, in suchmanner and to such extent as he may deemnecessary.

(4) A compulsory transfer Order may,from time to time, be amended by theMinister with the concurrence of theMinister in charge of the subject of LocalGovernment by Order published in theGazette.

(5) Every Order made by the Ministerunder this section shall be published in theGazette and shall come into operation onthe date of such publication, or on suchlater date as may be specified therein.

(6) Every Order made by the Ministerunder this section shall, as soon as

Orders togive effectto transferscheme.

Presentation ofscheme toMinister forapproval.

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convenient after its publication in theGazette, be brought before Parliament forapproval. Any Order which is not soapproved shall be deemed to be rescindedfrom the date of its disapproval, but withoutprejudice to anything previously donethereunder.

(7) Every such Order shall, on its cominginto operation as hereinbefore provided, beas valid and effectual as if it were hereinenacted.

65. Any dispute between the Board andany local authority upon any matter orquestion relating to, or connected with, thegiving effect to, or the interpretation of, anyprovision of any voluntary transfer Order orcompulsory transfer Order which has comeinto force, shall be referred to by the Boardfor decision to the Minister, and his decisionon such reference shall be final andconclusive, and shall not be called inquestion in any court or tribunal.

66. (1) For the purpose of giving effectto any voluntary transfer Order orcompulsory transfer Order which has comeinto force, any officer of the Boardauthorized in writing in that behalf by theChairman of the Board may, subject to theprovisions of subsection (2), take possessionof any property transferred to and vested inthe Board by such Order.

(2) The officer referred to in subsection(1) shall, by notice in writing—

(a) inform the local authority that suchofficer intends to take possession ofsuch property for and on behalf ofthe Board on such date and at suchtime and place as shall be specifiedin the notice ; and

(b) require an authorized agent of thelocal authority to be present on thedate and at the time and place sospecified and to assist such officerto take possession of such property.

(3) After any property has been takenpossession of by an officer of the Boardunder subsection (I), such officer shall senda certificate to the local authority to the

effect that he has taken possession of suchproperty.

(4) The notice required to be given undersubsection (2) shall be deemed to be given ifit is sent by registered post to the localauthority,

(5) Any person who fails, withoutreasonable cause, to comply with anyrequirement of a notice given undersubsection (2), shall be guilty of an offenceand shall, on conviction after trial before aMagistrate, be liable to imprisonment ofeither description for a period not exceedingone year, or to a fine not exceeding onethousand rupees, or to both suchimprisonment and fine.

67. (1) Every person who prevents orobstructs any officer of the Board fromtaking possession of any property for andon behalf of the Board under section 66shall be guilty of an offence and shall, onconviction after trial before a Magistrate, beliable to imprisonment of either descriptionfor a period not exceeding one year, or to afine not exceeding one thousand rupees, orto both such imprisonment and fine.

(2) Where any officer of the Boardauthorized under section 66 to takepossession of any property for and onbehalf of the Board, is unable or apprehendsthat he will be unable to take possession ofsuch property because of any obstruction orresistance that has been or is likely to beoffered, he shall, on making an applicationin that behalf to the Magistrate's Courthaving Jurisdiction over the place where theproperty is kept or situated, be entitled toan order of the Court directing the Fiscal todeliver possession of that property to himfor and on behalf of the Board.

(3) Where an order under subsection (2) isissued to the Fiscal by a Magistrate's Court,he shall forthwith execute that order andshall in writing report to the Court themanner in which that order was executed.

(4) For the purpose of executing an orderissued by a Magistrate's Court undersubsection (2), the Fiscal or any personacting under his direction may use suchforce as may be necessary to enter any place

Reference ofcertain disputesto Minister.

Procedure fortakingpossession ofproperty forand on behalfof Board.

Prevention of,or obstructionto, takingpossession ofproperty forand on behalfof Board.

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where any movable property to which theorder relates is kept and seize such movableproperty, or to enter any land, building orother structure to which that order relatesand to eject any person in occupationthereof, and to deliver possession of suchmovable property, land, building or otherstructure to the person who is authorized totake possession thereof for and on behalf ofthe Board.

PART IV

STAFF OF THE BOARD

68. (1) The Board shall, with theapproval of the Minister, appoint acompetent and experienced person asGeneral Manager of the Board.

(2) The General Manager shall, subject tothe general direction of the Board onmatters of policy, be charged with thedirection of the business of the Board, theorganization and execution of the powers,functions and duties of the Board, and theadministrative control of the employees ofthe Board.

(3) The General Manager may, with theapproval of the Board, delegate to any otheremployee of the Board such of his powers,functions or duties as he may, from time totime, consider necessary, and any employeeto whom any such powers, functions orduties are so delegated shall exercise themsubject to the general or special directions ofthe General Manager.

(4) The General Manager may not beremoved from office except for good andsufficient cause and without the priorapproval of the Minister.

69. Subject to the provisions of section68, the Board may appoint to its staff suchofficers and servants as the Board may deemnecessary, and determine their terms ofremuneration and other conditions ofemployment.

70. Upon the transfer on any date(hereinafter in this part referred to as the"transfer date") of the Department ofWater Supply and Drainage to the Boardunder section 57, the following provisions

shall have effect, except in relation toofficers in a transferable service of theGovernment:—

(1) Every pensionable public officer ofthe Department shall be offered theoption of either retiring fromservice, or of being employed underthe Board.

(2) Where any such officer exercises theoption to retire, the post held bysuch officer on the transfer dateshall be deemed to be abolished,and he shall be eligible for an awardunder the Minutes on Pensions onthe ground of abolition of office onthe transfer date.

(3) Where any such officer opts to beemployed under the Board, theBoard shall employ such officer onsuch terms and conditions as maybe agreed upon by such officer andthe Board, and—

(a) where such officer has on thetransfer date, not less thanten years' pensionable service,or less than eight years'pensionable service, theprovisions of paragraphs (a)and (b) of subsection (3) ofsection 9 of the MotorTransport Act, No. 48 of1957.* shall apply, mutatismutandis, to such officer ; and

(b) where such officer has less thanten, and not less than eight,years' pensionable service,

( i ) the service of such off icerunder the Board for suchperiod (hereinafter referred toas the " relevant period "),as when added to the periodof his pensionable serviceunder the Government makesan aggregate of ten years'service, shall be countedas pensionable service ofsuch o f f i c e r u n d e r t h eGovernment •

GeneralManager of theBoard, hispowers andduties and theirdelegation.

Appointmentsto the staff ofthe Board.

Retirement ofpublic officersof theDepartmentand theiremployment bythe Board.

" Repealed by Law No. 19 of 1978.

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(ii) the Board shall during therelevant period pay everymonth out of the funds ofthe Board, to the DeputySecretary to the Treasury tob e c r e d i t e d t o t h eConsolidated Fund, twenty-five per centum of the salarypayable to such officer in thepost held by him in theDepartment on the transferdate;

(iii) such officer shall be deemedduring the relevant period tohave earned his increments, ifany. in the post held by himin the Depar tment on thetransfer date, provided hisservice under the Board hasbeen satisfactory; and

Board after the transfer date, andsuch officer is eligible for the receiptof any sum of money under thePublic Service Provident FundOrdinance, such sum shall not bepaid to him but shall be credited tohis account in a provident fund ofthe Board established under section17 (h).

71. Where the water supply or sewerageundertakings carried on by a local authorityare transferred to the Board under this Law,the provisions of section 70 shall, mutatismutandis, apply to and in relation to allofficers and servants of the local authority,i n c l u d i n g m e m b e r s of t he Loca lGovernment Service, subject to suchmodifications, alterations or additions asmay be prescribed by regulations made inthat behalf by the Minister in consultationwith the Minister in charge of the subject ofLocal Government.

Employment ofpersonnel incase of transferof water supplyand sewerageundertakingsof a localauthority tothe Board.

(iv) at the end of the relevantperiod, the provisions ofparagraphs (a) and (b) ofsubsection (3) of section 9 ofthe Motor Transport Act, No.48 of 1957,* shall apply,mutatis mutandis, to suchofficer.

(4) The post of every public officer of theDepartment who is a contributor tothe Public Service Provident Fundestablished under the Public ServiceProvident Fund Ordinance shall bedeemed to be abolished and suchofficer shall, for the purposes ofthat Ordinance, be deemed to haveleft the service of the Governmentupon the determination of contractwith the consent of the Governmentotherwise than by dismissal.

(5) Notwithstanding anything to thecontrary in any other written law,where any public officer referred toin subsection (4) is employed by the

72. (1) At the request of the Board, anypublic officer, other than an officer referredto in section 70 may, with the consent ofthat officer and of the Secretary to theMinistry charged with the subject of PublicAdministration, be temporarily appointedto the staff of the Board for such period asmay be determined by the Board with likeconsent, or be permanently appointed tosuch staff.

(2) Where any public officer istemporarily appointed to the staff of theBoard under subsection (1), the provisionsof subsection (2) of section 9 of the MotorTranspor t Act, No. 48 of 1957.* shall,mutatis mutandis, apply to and in relationto him.

(3) Where any public officer ispermanently appointed to the staff of theBoard under subsection (1), the provisionsof subsection (3) of section 9 of the MotorTranspor t Act, No. 48 of 1957,* shall,mutatis mutandis, apply to and in relationto him.

Appointmentof publicofficers andservants of localauthoritiesother thanthose referredto in sections70 and 71 tothe s taff ofthe Board.

* Repealed by Law No. 19 of 19.78.

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Service to theBoard to beregarded asservice to theGovernmentfor thepurposes ofcontracts toserve theGovernment.

Employmentby Board ofpersons alreadyin receipt ofpensions.

Interpretation.

(4) At the request of the Board, anyofficer or servant of any local authority(whether he be a member of the LocalGovernment Service or not), other than anofficer or servant referred to in section 71may, with the consent of such officer orservant and the local authority or the LocalGovernment Service Advisory Board, as thecase may be, be temporarily appointed tothe staff of the Board for such period asmay be determined by the Board with likeconsent, or be permanently appointed tosuch staff, on such terms and conditionsincluding those relating to pension orprovident fund rights as may be agreedupon by the Board and that Advisory Boardor authority.

(5) Where an officer or servant of anylocal authority, whether he be a member ofthe Local Government Service or not, istemporarily appointed to the staff of theBoard under subsection (4), he shall besubject to the same disciplinary control asany other member of the staff of the Board.

73* Where any person has entered into acontract with the Government by which hehas agreed to serve the Government for aspecified period, any period of service to theBoard by that person shall be regarded asservice to the Government for the purposesof discharging the obligations of suchcontract.

74. Notwithstanding anything to thecontrary in any other law, where any personwho is already in receipt of a pension fromthe Government or from any local authorityis employed by the Board he shall not bepaid such pension during the period of hisemployment by the Board.

75. For the purposes of this Part—

" pensionable public officer" means apublic officer who—

(a) holds a post declared to be ap e n s i o n a b l e p o s t u n d e rsection 2 of the Minutes onPensions; and

(b) who does not belong to atransferable service of theGovernment;

Members ofthe staff of theBoard deemedto be publicservants.

Application ofthe provisionsof the PublicCorporations(FinancialControl) Act.

Financial year.

Capital of theBoard.

" pensionable service" means serviceunder the Government which isreckonable for pension under theMinutes on Pensions.

76. All members of the staff of theBoard shall be deemed to be public servantswithin the meaning and for the purposes ofthe Penal Code.

PART V

FINANCE AND AUDIT

77. The provisions of the PublicCorporations (Financial Control) Act shall,mutatis mutandis, apply to the financialcontrol and accounts of the Board.

78. The financial year of the Board shallbe the calendar year.

79. (1) The initial capital of the Boardshall be such sum as may be determined bythe Minister with the concurrence of theMinister in charge of the subject of Finance,and such capital shall consist of—

(a) grants made by the Government;

(b) the value of any such net assets asmay be transferred to the Boardby any Government department,public corporation or localauthority by an order, or with theconsent, of the Minister in chargeof that department or corporationor, in the case of a local authority,the Minister in charge of the subjectof Local Government; and

(c) loans given or made available by theGovernment on such terms andconditions as may be determined bythe Minister in charge of the subjectof Finance.

(2) The initial capital of the Board shallbe paid or made available to the Board insuch manner as may be determined by theMinister in charge of the subject of Finance.

(3) The capital of the Board may beincreased, from time to time, by the value ofthe net assets transferred to the Board asprovided by paragraph (b) of subsection (1)

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and by such amounts as may be authorizedby any Appropriation Act or by anyresolution of Parliament, and such amountsshall be paid or made available to the Boardin cash or kind by the Government by wayof grant or loan on such terms andconditions, as may be determined by theMinister in charge of the subject of Finance.

80. (1) The Board may borrow for itspurposes by the issue of any stock, and thestock so issued is in this Law referred to as" Sri Lanka Water Supply and SewerageStock ".

(2) Sri Lanka Water Supply andSewerage Stock shall be issued, transferred,dealt with, redeemed and cancelled inaccordance with such terms as may bedetermined by the Board with the approvalof the Minister given with the concurrenceof the Minister in charge of the subject ofFinance.

81. (1) The Minister in charge of thes u b j e c t of F i n a n c e m a y , w i t h t h econcurrence of the Minister, guarantee therepayment of, and the payment of theinterest on, any Sri Lanka Water Supplyand Sewerage Stock issued under section 80,or any other loan from any organization orinstitution in or outside Sri Lanka.

(2) Any sum required for the fulfilment ofa guarantee provided under subsection ( I )may, with the prior approval of Parliament,be paid out of the Consolidated Fund.

(3) Any sum paid out of the ConsolidatedFund in fulfilment of a guarantee providedunder subsection (1) shall be repaid,together with interest thereon at such rate asthe Minister in charge of the subject ofFinance may d e t e r m i n e w i t h theconcurrence of the Minister, by the Board insuch manner and over such period as theMinister in charge of the subject of Financemay with such concurrence determine.

82. (1) Immediately after a guarantee isprovided under section 81, the Minister incharge of the subject of Finance shall lay orcause to be laid a statement of the guaranteebefore Parliament.

(2) Where any sum is paid under section81 out of the Consol ida ted Fund in

fulfilment of any guarantee provided underthat section, the Minister in charge of thesubject of Finance shall forthwith lay orcause to be laid before Parliament astatement that such sum has been paid.

83. (1) The Board may establish andmaintain—

(a) an insurance fund to cover thei n s u r a n c e of m o v a b l e a n dimmovable property of the Boardand to meet third-party risks andl i a b i l i t i e s a r i s i n g u n d e r theW o r k m e n ' s C o m p e n s a t i o nOrdinance;

(b) a general reserve fund for the purposeof financing capital works fromrevenue moneys , e n su r ing thefinancial stability of the Board, andfor such other purposes as theBoard may, from time to time,determine;

(c) any other reserve fund that the Board,with the approval of the Minister,may consider necessary.

(2) The sums to be carried, from time totime, to the credit of each or any of thefunds specified in subsection (1) shall besuch sums as may be determined by theBoard.

PART VI

RATES AND CHARGES

84. (1) Subject to the provisions of thisLaw, the rates and charges to be levied bythe Board for the supply of water andsewerage services in any area of authority ofthe Board shall be in accordance with suchrates and charges as may be fixed, fromtime to time, by the Board, with theapproval of the Minister who shall consult,before giving his approval, the Minister incharge of the subject of Finance, and anyother Minister he considers necessary.

(2) The Board shall enter into anagreement with any local authority inr e s p e c t of t h e r a t e s p a y a b l e byhereditaments (whether supplied with wateror not) which are within six hundred feet of

Sri LankaWater Supplyand SewerageStock.

Governmentguarantee.

Minister incharge ofFinance toinformParliamentaboutguarantee.

Reserve funds.

Board to fixrates andcharges.

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the water distribution system. Such rateshall be known as the water rate and shallbe payable to the Board by the localauthority.

(3) The Board shall enter into anagreement with any local authority inrespect of the rate payable by hereditamentswhich are connected to the sewerage systemor which are within three hundred feet ofsuch system. Such rate shall be known asthe sewerage rate and shall be payable to theBoard by the local authority.

(4) In the event of disagreement betweenthe Board and any local authority as tothe amount of any rate payable undersubsection (2) or subsection (3), the mattershall be determined by the Minister.

(5) Nothing in the preceding provisions ofthis section shall preclude the Board fromcharging special prices by agreement withany person or body.

(6) The Board shall be entitled to requirethat the supply of water to any premisesshall be by meter, and the provisions ofsubsection (1) shall include charges forsupply of water by meter.

(7) The rates and charges fixed by theBoard under subsection (1) shall be so fixedas not to restrict the preparation of bills ona monthly, quarterly or half-yearly basis,and—

(a) shall be published in the Gazette andin such other manner as mayappear to the Board best calculatedto give publicity to such rates andcharges;

(b) shall come into force on the date oftheir publication in the Gazette, oron such later date as may bespecified therein; and

(c) may include rent and other charges inrespect of fittings provided by theBoard.

85. The rates and charges fixed by theBoard under section 84 may provide for thecharging of different prices for waterservices supplied for different purposes.

Board todeterminecharges incases of doubt.

86. If any question arises as to whetheror not any rate or charge is applicable inany case, or as to which rate or charge is soapplicable, the Board shall determine thatquestion, and such determination shall befinal and conclusive, and shall not be calledin question in any court or tribunal.

(1) In this section, the expression—

(a) " water supply charge" means thesum payable to the Board for watersupplied by the Board to anyperson, including a local authority;

(b) "sewerage charge" means the sumpayable to the Board by any personwhose property is connected to thesewerage system.

(2) (a) The water supply charge orsewerage charge payable by any person inrespect of any month shall be paid by suchperson—

(i) within thirty days from the date of thereceipt by such person of a demandrelating to such charge from theBoard, or

(ii) where such person, upon receipt ofsuch demand, disputes the amountof such charge under subsection (3),within fifteen days from the date ofthe final determination of theamount of such charge undersubsection (5).

(b) A demand relating to the water supplyor sewerage charge sent by the Board to aperson shall be despatched by registeredpost and shall be deemed to have beenreceived by such person on the day onwhich that demand would have beendelivered in the ordinary course of post.

(3) Where a person receives a demandfrom the Board for the payment of thewater supply charge or sewerage charge ofsuch person in respect of any period, suchperson may, within a period of twenty-onedays from the date of receipt by such personof such demand, dispute the amount of suchcharge by a written communication to thateffect to the Board. Such communicationshall specify the amount so disputed and thereason therefor.

Recovery ofwater supplycharge andseweragecharge.

Power to fixdifferentcharges.

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Pramod N Hettihewa

(87)


(4) No person shall be entitled to disputethe amount of the water supply charge orsewerage charge of such person in respect ofany period except under and in accordancewith the provisions of subsection (3).

(5) Where the amount of the water supplycharge or sewerage charge of any person inrespect of any period is disputed by suchperson, that amount—

(a) shall be finally decided by agreementbetween the Board and suchperson; or

(b) in the absence of such agreementwithin a period of thirty days fromthe date of the receipt by the Boardof a communication as to suchdispute from such person undersubsection (3), shall be finallydetermined by the Board in itsabsolute discretion and thedetermination of the Board shall befinal and conclusive, and shall notbe called in question in any court ortribunal.

(6) Where the water supply charge orsewerage charge payable by a person inrespect of any period is not paid by suchperson to the Board within the period it isso required to be paid under subsection (2),the General Manager of the Board shallcertify in writing the amount which is duefrom such person on account of suchcharges.

(7) Upon the production of a certificateissued by the General Manager of the Boardunder subsection (6) before any DistrictCourt or Primary Court within whosejurisdiction the whole or any part of thearea within the administrative limits of thelocal authority in respect of which suchcertificate is issued is situated, according asthe sum specified in such certificate exceedsor does not exceed one thousand fivehundred rupees, the Court shall direct a writof execution to issue to the Fiscalauthorizing and requiring him to seize andsell all or any of the property movable orimmovable of such person or such partthereof as may be necessary for the recoveryof that sum, and the provisions of sections225 to 297 of the C i v i l P r o c e d u r e

Code shall, mutatis mutandis, apply to theexecution of such writ and to such seizureand sale.

(8) Where the General Manager of the.Board issues a certificate referred to insubsection (6), he shall in writing notify theperson specified in the certificate that thesum so specified is payable, but the non-receipt of such notice by such person shallnot invalidate the proceedings under thissection.

(9) Nothing in the provisions ofsubsections (7) and (8) shall affect or bedeemed or construed to affect the right ofthe Board to recover in any other mannerany sum payable to the Board by a personon account of the water supply or seweragecharge payable by such person.

88. (1) Where the water supply chargeor sewerage charge payable by a person inrespect of any period is not paid by suchperson to the Board within the period it isso required to be paid under subsection (2)of section 87, the General Manager of theBoard, or any other person authorized byhim in that behalf, may after giving suchperson not less than forty-eight hours'notice in writing, cut off the water servicesupplied to such person, and for thatpurpose cut or disconnect any waterworks,being the property of the Board, throughwhich such service may be supplied, andmay discontinue such service until suchcharge, together with the amount of anyexpenses which have been incurred by theBoard in cutting off the service, and may beincurred by the Board in re-connecting suchservice, is paid.

(2) The General Manager of the Board, orany other person authorized by him in thatbehalf, may, at any reasonable time, enterany premises to which water or sewerageservices have been supplied by the Board forthe purpose of—

(a) removing or disconnecting, where theBoard is authorized to cut off suchservice, any waterworks belongingto the Board; or

(b) replacing or re-connecting, wheresuch services are to be renewed, anywaterworks belonging to the Board.

Discontinuanceof supply toconsumerneglecting topay charges.

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(3) Where a person refuses to allow theGeneral Manager of the Board, or any otherperson authorized by him in that behalf, toenter his premises in pursuance of theprovisions of subsection (2), or fails to givereasonable facilities for such entry, suchGeneral Manager or person so authorizedmay, after the expiry of a period of twenty-four hours from the service of a notice inwriting on that person, cut off such servicesto that person or withhold the replacementor re-connection of such services, as the casemay be, for so long as such refusal or failurecontinues.

PART VII

GENERAL

89. Notwithstanding anything in anyother written law, the rates and chargespayable by a local authority—

(a) shall be a first charge on the moneysin the fund of that authority ; and

(b) may, under the authority of theMinister in charge of the subject ofFinance given after consultationwith the Minister and the Ministerin charge of the subject of LocalGovernment, be deducted from anygrant payable by the Governmentto such authority, and the amountso deducted may be paid to theBoard.

90. (1) The Minister may makeregulations for the purpose of carrying outor giving effect to the principles andprovisions of this Law,

(2) In particular and without prejudice tothe generality of the powers conferred bysubsection (1), the Minister may makeregulations in respect of all or any of thefollowing matters:—

(a) any matter required by this Law to beprescribed or in respect of whichregulations are authorized by thisLaw to be made ;

(b) the licensing of plumbers and thecontrol of plumbing and plumbingfixtures;

(c) the preservation and maintenance ofthe waterworks of the Board ;

(d) the control of the use of watersupplied from the said waterworks ;

(e) the prevention of the waste, misuse,u n d u e c o n s u m p t i o n , o rcontamination of the water suppliedfor public or private use;

(f) the size, nature, strength, andmaterials, and the mode ofarrangement, position, alteration,removal, renewal and repair of theapparatus and receptacles to beused for the purpose of thewaterworks of the Board ;

(g) the control of the public supply ofwater by stand-pipes, and the use ofsuch water;

(h) the control of the supply of waterand the provision of sewerage byprivate services, and the materialsand fittings to be used for thepurpose;

(i) the times and conditions subject towhich water services will besupplied for other than domesticpurposes or to a house by a privateservice, and the price to be paid forsuch services;

(j) the recovery of charges due in respectof water services; and

(k) the control of the discharge of wastesto the sewerage system.

(3) Every regulation made by theMinister shall be published in the Gazette,and shall come into operation on the date ofsuch publication, or on such later date asmay be specified therein.

(4) Every regulation made by theMinister shall, as soon as convenient afterits publication in the Gazette, be broughtbefore Parliament for approval. Anyregulation which is not so approved shall bedeemed to be rescinded as from the date ofdisapproval, but without prejudice to thevalidity of anything previously donethereunder.

Specialprovisionrelating torates andchargespayable bylocal authority.

Regulations.

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Penalty forcontraventionof regulation.

Acquisition ofimmovableproperty underthe landAcquisitionAct for theBoard.

Power ofcompanies,&c., to enterinto contractswith the Board.

Protection foraction takenunder this Lawor on thedirection ofthe Board.

91. Any person who contravenes theprovisions of any regulation made underthis Law shall be guilty of an offence andshall, on conviction after trial before aMagistrate, be liable to imprisonment ofeither description for a period not exceedingone year or to a fine not exceeding onethousand rupees, or to both suchimprisonment and fine.

92. (1) Where any immovable propertyis required to be acquired for any purposeof the Board and the Minister, by Orderpublished in the Gazette, approves of theproposed acquisition, that property shall bedeemed to be required for a public purposeand may accordingly be acquired under theLand Acquisition Act and be transferred tothe Board.

(2) Any sum payable for the acquisitionof any immovable property under the LandAcquisition Act for the Board, shall be paidby the Board.

93. Any company, local authority orother body of persons may, notwithstandinganything to the contrary in any written lawor instrument relating to its function, enterinto and perform or carry out all suchcontracts and agreements with the Board asmay be necessary for the peformance of theduties and the exercise of the powers of theBoard.

94. (1) No suit or prosecution shall lie—

(a) against the Board for any act which ingood faith is done or is purportedto be done by the Board under thisLaw; or

Board, and any costs paid to, or recoveredby, the Board in any such suit orprosecution shall be credited to the funds ofthe Board.

(3) Any expense incurred by any suchperson as is referred to in paragraph (b) ofsubsection (1) in any suit or prosecutionbrought against him before any court inrespect of any act which is done or ispurported to be done by him under this Lawor on the direction of the Board shall, if thecourt holds that such act was done in goodfaith, be paid out of the funds of the Board,unless such expense is recovered by him insuch suit or prosecution.

95. No writ against person or propertyshall be issued against a member of theBoard in any action brought against theBoard.

96. Where any immovable property ofthe Republic is required for the purpose ofthe Board, such purpose shall be deemed tobe a purpose for which a special grant orlease of such property may be made undersection 6 of the State Lands Ordinanceand accordingly, the provisions of thatOrdinance shall apply to a special grant orlease of such property to the Board.

97. (1) Any person who, unlawfully andmaliciously, does any act when causes or islikely to cause a failure of any water orsewerage service supplied by the Board,shall be guilty of an offence.

(2) Any person who aids or abets anyother person in the commission of anoffence under subsection (1), shall be guiltyof an offence.

No writ toissue againstperson orproperty ofmember ofthe Board.Special grantor lease ofpropertybelonging tothe Republicto Board.

Penalty forcausing failureof waterservices of theBoard.

(b) against any member, officer, servantor agent of the Board for any actwhich in good faith is done or ispurported to be done by him underthis Law or on the direction of theBoard.

(2) Any expense incurred by the Board inany suit or prosecution brought by oragainst the Board before any court shall bep a i d o u t of t h e f u n d s of t h e

(3) Every person who is guilty of anoffence under subsection (1) or subsection(2), shall upon conviction after trial beforea Magistrate be liable to rigorousimprisonment for a term not exceedingseven years.

(4) Every offence under subsection (1)or subsection (2) shall, notwithstandinganything in the Code of Criminal ProcedureAct, be an offence in respect of which a

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person may be arrested without a warrantwithin the meaning and for the purposes ofthat Act.

98. The Board may, with the approvalof the Minister, make rules in respect of allmatters for which rules are required orauthorized to be made under this Law.

99. In the event of any conflict orinconsistency between the provisions of thisLaw and the provisions of any other writtenlaw, the provisions of this Law shall to theextent of such conflict or inconsistencyprevail over the provisions of such otherwritten law.

100. In this Law, unless the contextotherwise requires—

11 appointed date " means the 1st day ofNovember, 1974;

" area of authority " means any area in SriLanka declared to be an area ofauthority of the Board by Orderpublished by the Minister undersection 15 and which is for the timebeing in force;

" local authority " includes any MunicipalCouncil, Urban Council, TownCouncil or Village Council;

" Local Government Service AdvisoryBoard " has the same meaning as inthe Local Government ServiceLaw";

" public corporation" means anycorporation, board or other bodywhich was or is established by orunder any written law, other thanthe Companies Ordinance,* withcapital wholly or partly provided bythe Government by way of grant,loan or other form;

" sewerage works" includes sewers,appurtenances and all workspertaining thereto used for thewaste water drainage of buildings,and all sewage disposal works butdoes not include surface or stormwater drains, channels or sewersused for the drainage of buildingswithin the same curtilage ;

" waterworks" includes all supply andtreatment works as well astransmission mains, distributionmains and all works pertainingthereto used for the protection andsupply of potable water.

Power ofBoard to makerules under thisLaw.

This Law toprevail overother writtenlaw.

Interpretation.

• Repealed and replaced by the Companies Act, No. 17 of 1982.

XVII/91

Cap.541] NATIONAL WATER SUPPLY AND DRAINAGE … · cap.541] national water supply and drainage...

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