urban councils (amendment)extwprlegs1.fao.org/docs/pdf/srl37910.pdf(pt. q, 5 of 1983, [act no. 61...

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Cap. 5771 URBAN COUNCILS (AMENDMENT) CHAPTER URBAN COUNCILS (AMENDMENT) Acfs AN ACT TO AMEND THE URBAN COUNCILS ORDINANCE Nos. 10 of 1981, 61 of 1981 [Act No. I 0 of 1981 -Commencement -27th February, 1981 ; Operation -- 1st July, 1981 .] (pt. Q, 5 of 1983, [Act No. 61 of1981 - Commencement and Operation -28th September, 1981 .] 13 of 1983, [Act No. 5 of 1983 -- Commencement and Operation - 27th January, 1983.1 48 of 1983 [Act No. I3 of1983 - Commencement and Operation -- 18th March, 1983.1 (R. m), 48 of 1984. [Act No. 48 of1983 - Commencement and Operation - 8th December, 1983.1 [Act No. 48 of1984 -- Commencement and Operation - 28th December, 1984.1 1. This Act may be cited as the Urban Councils (Amendment) Act. Amendment of 2. Section 36 of the Urban Councils 36 Ordinance (hereinafter referred to as the Chapter 577. [g 2.48 of “pxjncipal enacment ") is hereby amended as 1984.1 follows :- the payment of incentives to occupiers of residential premises who qualifj. fbr such payment on a recommendation made by the committee appointed under section 209~, in accordance with a scheme preparedbysuchcommittee; ";and (1) by the repeal of paragraph (a) thereof, (3) by the insertion, immediately after [g 4.13 of and the substitution therefor of h following paragraph (ii) of that section, of the foUowing 1983.3 paragraph :- new paragraph :- " (a) to appoint necessary officers and " (iii) with the prior approval of the servants and from time to time Minister- remove any such officers or sewants and to assign to any office or service such salary, allowances or remuneration as to the Council may seem fit : Provided that, the preceding provisions shall not apply to and in relation to any officer or servant of such Council who is a member or who is deemed to be a member of the Local Government Service constituted under the Local Government Service Law ; " ; (2) by the insertion immediately after paragraph (i) of that section of the following new paragraph :- " (ii) to set apart such sums of moneys with the prior approval of the Minister for (ij to engage in cornmd and industrial enterprises for the manufacture and production of such machinery, equipment, articles, materials and goods, as may be required for the public services or the public utility services, as the case may be, which may be established and maintained by any Municipal Council or Urban 1%. 576.1 Cou~:jl the Municipal councils [Cap. 577.1 Ordinance and the Urban Councils Ordinance respectively, or under any other written law ; and (ii) to sell such machinery, equipment, articles, materials or goods to any other Urban Council or Municipal Council or to the public at such prices as may be cletmined by the Council and approved by the Minister. ".

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Page 1: URBAN COUNCILS (AMENDMENT)extwprlegs1.fao.org/docs/pdf/srl37910.pdf(pt. Q, 5 of 1983, [Act No. 61 of1981 - Commencement and Operation -28th September, 1981 .] 13 of 1983, [Act No

Cap. 5771 URBAN COUNCILS (AMENDMENT)

CHAPTER

URBAN COUNCILS (AMENDMENT)

Acfs AN ACT TO AMEND THE URBAN COUNCILS ORDINANCE Nos. 10 of 1981,

61 of 1981 [Act No. I 0 of 1981 -Commencement -27th February, 1981 ; Operation -- 1st July, 1981 .] (pt. Q,

5 of 1983, [Act No. 61 of1981 - Commencement and Operation -28th September, 1981 .] 13 of 1983, [Act No. 5 of 1983 -- Commencement and Operation - 27th January, 1983.1 48 of 1983 [Act No. I3 of1983 - Commencement and Operation -- 18th March, 1983.1 (R. m),

48 of 1984. [Act No. 48 of1983 - Commencement and Operation - 8th December, 1983.1 [Act No. 48 of1984 -- Commencement and Operation - 28th December, 1984.1

1. This Act may be cited as the Urban Councils (Amendment) Act.

Amendment of 2. Section 36 of the Urban Councils 36 Ordinance (hereinafter referred to as the

Chapter 577. [g 2.48 of “pxjncipal enacment ") is hereby amended as 1984.1 follows :-

the payment of incentives to occupiers of residential premises who qualifj. fbr such payment on a recommendation made by the committee appointed under section 209~, in accordance with a scheme preparedbysuchcommittee; ";and

(1) by the repeal of paragraph (a) thereof, (3) by the insertion, immediately after [g 4.13 of and the substitution therefor of h following paragraph (ii) of that section, of the foUowing 1983.3

paragraph :- new paragraph :-

" (a) to appoint necessary officers and " (iii) with the prior approval of the servants and from time to time Minister- remove any such officers or sewants and to assign to any office or service such salary, a l lowances o r remuneration as to the Council may seem fit :

Provided that, the preceding provisions shall not apply to and in relation to any officer or servant of such Council who is a member or who is deemed to be a member of the Local Government Service c o n s t i t u t e d under t h e Loca l Government Service Law ; " ;

(2) by the insertion immediately after paragraph (i) of that section of the following new paragraph :-

" (ii) to set apart such sums of moneys with the prior approval of the Minister for

(ij to engage in c o r n m d and industrial enterprises for the manufacture and production of such machinery, equipment, articles, materials and goods, as may be required for the public services or the public utility services, as the case may be, which may be established and maintained by any Municipal Council or Urban

1%. 576.1 Cou~:jl the Municipal councils [Cap. 577.1 Ordinance and the Urban Councils

Ordinance respectively, or under any other written law ; and

(ii) to sell such machinery, equipment, articles, materials or goods to any other Urban Council or Municipal Council or to the public at such prices as may be cletmined by the Council and approved by the Minister. ".

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~ c o m m s f - ! [cap. 577

Insertion of new recrion 3% in the principal enactment. [f 5.13 o f 1983.1

3. The following new section is hereby inseaed immediately after section 36 of the principal enadment, and shall have effect as section 3 6 ~ of that Ordinance :-

" Powers of the 36A. (l) The Minister may Minister in approve any commercial or respect of co-ercial industrial enterprise under and industrial paragraph (ii) of section 36 enterprises. having regard to-

(a) the economic viability of such enterprk ;

(b) the benefits that may accrue to any Urban council and the public by the operation of such enterpme ;

(c) the financial position of the Urban Council engaging \ in such enterprise.

(2) No sums of money appropriated to an Urban Council by Parliament under paragraph (h) of subsection (2) of section 158 and no grants allocated to an Urban Council to the Minister under paragraph (c) of subsection (2) of section 158 shall be utilized by such Council for the purposes of estabhhq or maintaining any commercia l o r industrial enterprise.

(3) Where the Minister is of opinion that the continued operation of any commercial or industrial enterprise of any Urban Counci l would be prejudicial to the interests of such Council by reason of mismanagement or that it is likely to involve financial loss to the Council, he may, after

measures that may be necessary to give effect to such Order.

(4) The Minister or the Commissioner may, from time to time7 give any Urban Council engaged in any commercial or i n M a l enterprise general or special directions as to the canying on or transaction of its business and such directions shall be carried out by the Coullcil.

(5) The Minister or the Commissioner may, from time to time, direct the Council in writing to furnish him in such form as he may quite, n%ms7 accounts and other infommtion with respect to the business of such enterprise7 and the Council shall carry out every such direction.''.

4. Section 38 of the principal enactment is knendment of h d y amended by the substitution, for the words U an expenditure exceeding one thousand rupees" , o f t h e w o r d s "an b 3 . 4 8 of expenditure exceeding ten thousand rupees ". 1984.1

5. Section 39 of the principal enactment is Amendment of hereby amended in subsection (1) thereof, by ~ ~ t i ~ ~ p ~ f the substitution, for the words " which exceeds enactment. five hundred rupees ", of the words " which [S448 of exceeds ten thousand mpees ". 1984.1

6. Section 40 of the principal enactment is b ~ e y t f section 40 of hereby amended by the -&tution, for the he pincbd

words exceeding one thousand rupees ", of -mat. the words " exceeding ten thousand ". [P 5.48 of

1984.1

7. Section 72 of the p r i n w enactment is Amendment of section 72 of hereby amended in subsection (2) thereof, by he

the substitution, for the words " with a fine not enactment. exceeding fiity xupees and with a M e r fine 1 0 4 4 8 0 f not exceeding twenty rupees ", of the words 1984.1

" with a fine not exceeding five hundred rupees and with a W e r fine not exceedmg

consultation with the Council, two hunQed rupees ". by Order published in the Gazette terminate the operation 8. Section 73 of the principal enactment is Amendment of of such entaprise and direct the hereby amended in subsection (2) thereof, by ztiyrinzP: Council to take charge of all the substitution, for the words " wifh a fine not enactment. books, records and assets of the exc- ten rupees. ", of the words " with a [O 7.48 o f enterprise and to take such fine not exceeding one hundd rupees. ". 1984.1

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Cap. 5771 URBAN COUNCILS (AMENDMENT)

Amendment of section 80 of the principal enactment. [§ 8,48 of 1984.1

Amendment of section 8 1 of the principal enactment. [# 9.48 of 1984.1

Amendment of section 85 o f . the principal enactment. [g 10,48 of 1984.1

Amendment of section 86 of the principal enactment. [§ 11.48of 1984.1

Amendment of section 88 of the principal enactment. [g 12,48 of 1984.1

Amendment of section 90 of the principal enactment. [g 13.48 of 1984.1

9. Section 80 of the principal enaclment is 15. Section 91 of the principal enactment is Amendmentof hereby amended in subsection (2) there06 by hereby amended as follows :- section 91 of

the substitution, for the words " with a h e not the principal enactment.

exceeding fifty rupees ", of the words " with a fine not exceeding five hundred rupees ".

10. Section 81 of the principal enactment is hereby amended in subsection (2) thereof by the substitution, for the words " with a fine not exceedmg fifty rupees ", of the words with a h e " nit exceedq five hundred rupees ".

11 . Section 85 of the principal enactment is hereby amended by the substitution, for the words "with a fine not exceeding fifty rupees", of the words "'with a fine not exceeding five hundred rupees ".

12. Section 86 of the principal enaclment is hereby amended by the substitution, for the 'words " with a fine not exceeding fifty rupees ", of the words " with a fine not exceeding five hundred rupees ".

13. Section 88 of the principal enactment is hereby amended by the substitution, for the words U with a fine not exceeding fifty rupees", of the words " with a fine not exceeding five hundred rupees".

14. Section 90 of the principal enaclment is hereby amended as follows :-

(a) in subsection ( l ) thereof, by the substitution, for the words " with a fine not exceeding fifty nrpees : ", of the words " with a fine not exceeding five hundred rupees : " ;

[9 14 48 of (a) by the repeal of subsection (2) thereof, 19w.) and the substitution therefor. of the following subsection :-

" ( 2 ) No an imal se ized u n d e r subsedon (1) shall be delivered to the owner thereof unless upon payment of such sum as the Council having regard to local conditions may by resolution fix,

time to time, for the use of the person by whom the animal may have been seized, and for each day duriug which the animal may have been kept in the pound." ; and

(h) in bubsection (3) thereof, by 'the substitution, for all the words from " and after payment of two rupees " to " the animal in the pound ", of the following :-

"and after payment of such sums as the Council having regard to local conditions may by resolution fix fiom time to time, to the person by whom the animal was seized and for the custody and maintenance of the animal for each day it is kept in the pound ".

16. Section 92 of the enactment is Amendment of

(h) in subsection (2) thereof, by the hereby amended by the substitution, for the section92 of 'the priricipal

substitution, for the words " with a words "with a fine not exceeding fifty -, fine not exceeding five rupees ; " , of rupees.", of the words "with a fine not [$ 15,480f

exceeding five hundred rupees.". 1984.1 the words " with a fine not exceeding f i f tyrupees; " ;

17. section 100 of the plk@ enactment Amendment of (c) in subsection (3) thereof, by the hereby amended by the substitution, for the section lOOof

the principal substitution, for the words " with a words "with a fine not exceeding fifty ewxment fine not fifty m - ' ' , rupees.", of the words "with a fine not [g 16.48of the words " with a fine not exceedmg exceeding fiw hundred rupees:. 1984.1 five hundred rupees." ; and

(d) in subsection (4) thereof, by the 18. Section 106 of the princpd enactment ~mendment of

substitution, for the words " with a is hereby amended by the substitution, for the lo60f the principal

fine not excedmg fifty rupees.", of words "with a fine not exceeding fifty emt. the words " with a fine not exceedq ruiees,", of the words "with a fine not [$ 17,480f five hundred rupees.". exceedmg five hundred rupees ,". 1984.1

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URBAN COUNCILS (AMENDMENT) [Cap. 577

Amendment of 19. Section 109 of the principal enactment section is hereby amended by the substitution, for the the principal enactment. words " with a fine not exceeding fifty [l 18.48 of rupees : ", of the words " with a fine not 1984.1 exceeding five hundred rupees : " .

Amendment of 20. Section 113 of the principal enactment section 113 Of is hereby amended in subsection (2) thereof, by the principal enactment. the substitution, for the words " with a fine of [3 19.48 of five rupees ", of the words " with a fine of 1984.1 rupees " . Amendment of 21. Section 1 15 of the principal enactment section ' l5 Of is hereby amended in subsection (1) thereof, by the principal enactment. the substitution, for the words " with a fine not [g 20.48 of exceedmg tifty rupees. ", of the words " W& a 1984.1 fine not exceeding five hundred xupee,s. ".

Amendment of 22. Section 117 of the principal enactment section I l7 Of is hereby amended in subsection (2) thereof, by the principal enactment. the substitution, for the words " with a fine not [P 21.48 of exceedmg fifty rupees. " , of the words with a Pollution of 1984.1 fine "not exmedug five hundred rupees. " . streams which

flow into reservoirs or

Amendment of 23. Section 123 of the principal elmh'nent waknvorks. section 123 Of is hereby amended by the substitution, for the the principal enactment. words " with a fine not exceeding ten rupees ", [P 22.48 of of the words " with a fine not exceedq one 1984.1 hundred rupees ".

" Nuisance by child.

Insertion of 24. The following new sections are hereby new sections hserted immediately after section 127 of the 1274 1288 127~, 127D\nd principal enactment and shall have effect as 127E in the sections 1 2 7 ~ . 1 2 7 ~ , 1 2 7 ~ . 127~ and 1 2 7 ~ , of principal that enactment :- enactment. [O 23.48 of 1984.1

127~. Every person who, having the care or custody'of any child under twelve years of age, omits to prevent such child f b m ~ t h g a ~ i n or by the side of any street, shall be gdty of an offence and shall be liable on conviction to a fine not exceeding one hundred rupees.

Public bathing places.

127~. (1) The Council may Pollution

by public notice prohibit ~ ~ ~ ~ i e ~ ~ ~ bathing or the washing of animals or clothes in any public place not set apart for the purpose, or at times or by persons other than those

specified in the notice, and all other acts which may in any manner pollute or render water in public places foul or unfit for use, or may cause inconvenience or annoyance to persons using the bathing or washing places. Such notice shall be published in the Gazette in the Sinhala, Tarnil and English laaguages and in at least one Sinhala, one Tamil and one English newspllpers.

(2) Every person who bathes, washes, or does any act con- to subsection (1) shall, be guilty of an offence and shall on -con&lion be liable to a fine not exceeding five hundred rupees.

127C. Every person who bathes in, or washes any clothes or other things in, or causes or suffers any dirt, refuse, or impurity to f low into o r o therwise in any manner pollutes or contaminates any mervoir used for the purposes of the waterworks belonging to any Urban Council, or any stream or watercourse whereof the water flows into or feeds any such reservoir, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding five hundred rupees, and, in the case of a continuing offence, t o a n additional fine not exceeding one hundred rupees for each day dunng which the offence is continued after a conviction therefor, or after the date of service of the written notice from the Council directing attention to the offence.

127D. (1) Any peaon who, within the administrative limits of any Urban Council, operates or causes to be operated any factoly which causes pollution so as to endanger or prejudice t h e h e a l t h o f t h e

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Cap. $771 URBAN COUNCILS (AMENDMENT)

Power of Chairman of an Urban Council in regard to trees or branches, trunks or fillits of trees endangering the safety of person or Property.

neighbourhood, shall be guilty of an offence.

(2) Whem a Magistrate after summary trial convicts a person of an offence under subsection (1) he shall, dependmg on the degree of pollution caused by such factory, make order-

(U) that such person pay a fine, equivalent to twice the fee payable for a licence issued under the provisions of this Ordinance or any b y - l a w m a d e thereunder in respect of the premises on which that factory is s i t u a t e d notwithstanding that such amount exceeds the amount of fine which a Magistrate may impose in the e x e r c i s e o f his ordinary jurisdiction and the amount so recovered shall be paid into the Fund of the Council ; or

(h) that operations in such factory shall cease.

127~. ( 1 ) Where in any urban area any tree or any branch, trunk, h i t or other part of a tree is causing or is likely t o c a u s e damage t o any building, or is in a condition dangerous to the occupants of any buildmg, or to the safety of passers-by along any public thoroughfare, the Chairman of the Council of such area may, by a notice in writing served on the owner or occupier of the land on which such tree stands require such owner or occupier to tie up and make secure, or to

cut down and remove such tree or the branch, trunk, fruit or other part of such tree within such time as may be specified in the notice.

(2) Every person on whom a notice is served under subsection (l), shall comply with the requirements of such notice within the time specified themin, and in the event of the refusal or neglect of such persons to comply with such quirernents within such time, the Chairman, or any officer or worlanan authorized in writing in that behalf by the Chairman, may en te r upon the l and r e f d to in such notice and do what such person was r e q u i d to do by such notice, and the expenses thereby incurred may be recovered h m such person as a debt due to the Council.

For the puqoses of section 127~, section 127C and section 1 2 7 ~ "pollution" means any direct or indirect alteration of the physical, thermal, chemical, b io log ica l o r r ad ioac t ive properties of any part of the environment by discharging, emitting or depositing wastes so as to effect any beneficial use adversely, to cause a condition w h i c h i s h a z a r d o u s o r pokdally hamdous to public health, safety or w e b or to animals, birds, wildlifk, fish or aquatic life, or to plants.".

25. Section 128 of the principal enactment Amendment of is hereby amended in subsection (2) ,of that seaion 128 of

the principal section, by the substitution for the words "punishable with a fine not exceeding two [i 14.61 of hundred rupees and with a further fine not 1981.1 exceedmg fifty rupees for every day", of the words "puuishable with a fine not exceeding six h u n W rupees and with a further fine not exceeding five hundred lupees for every day.

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URBAN COUNCILS (AMENDMENT) [Cap. 577

Insertion of new section 1 2 8 ~ in the principal enactment. [l lS,61 of 1981.1

26. The following new section is hereby inserted immediately after section 128, and1 shall have effect as section 1 2 8 ~ , of the principal enactment :-

" Cbsure order 128A. (l) Where a person by convicted by any court for the

offence of using any premises for any trade or business without a licence issued in that behalf under this Ordinance or under any by-law made thereunder, continues to use such pmnises without a licence for such trade or business, whether by himself or by any other person on his behalf, a Magistrate may, upon an application for a closure order m a d e b y the Chairman, Sec re ta ry or any o f f i ce r authorized in that behalf by such Chairman or Secretary, as the case may be, order the c losure of such t r ade o r business at such premises, until such time such person obtains a licence h m the Council.

(2) In any proceedings under subsec t ion ( 1 ) a ce r t i f i ca te i ssued by the Chairman, Secretary or any officer authorized in that behalf by such Chairman or Secretary, as the case may be, setting out that the person mentioned in the certificate, continues to use such premises without obtaining a licence for any trade or business shall be prima facie evidence of the matters stated therein

(3) In any case where such person fails to comply with the closure order issued under subsection (1) the Magistrate shall forthwith order the Fiscal of the court requiring and authorizing such Fiscal before a date specified in such order not being a date earlier than three or later than seven clear days from the date of issue of such order, to close any trade or business at

such premises. such order shall be sufficient authority for the said Fiscal or any police officer authorized by him in that behalf, to enter the premises with such assistants as the Fiscal or such officer shall deem necessary to close any trade or business at such premises.".

27. Section 151 of the & i d enactment Amendment of is hereby amended by the &&ion, for the ~ d ~ ~ ~ f words "with a fine not exceedmg one huradred -L rupees and with a finther fine of fifty nrpees. ", [024.48of of the words "with a fine not ex& one 19w.l thousand rupees, and with finther fine of five hundred rupees.''.

28. Section 153 of the principal enactment Amendmm of is hmby amended in sdxection (2) of that ~ ~ p ~ ~ ~ i p $ section by the substitution for the words "such enachent. fine not exceeding two hundred and fifty [B 16.61 of rupees for any one act or omission constituting 1981.1

such contravention, and in the case of a continuing contravention, an additional fine not exceeding twenty-five rupees for every day", of the words "such h e not ex- seven hundred and fifty nrpees for any one act or omission constituting such contravention, and in the case of a conthing cmtmvention, an additional fine not exceeding two hmdml and fifty rupees of every day ".

29. The following new section is hereby -onof inserted immediately after section 153, and -section

153Ain the shall have effect as section 1 5 3 ~ . of the pnnclpal enactment :- enactment,

[! 17.61 of

U Power to compound offences.

- - 1981.1

153~. (l) W h e r e a n y person contravenes any by-law made under subsection (9) of section 157, and where such person has not been pmviously convicted under section 153, the Chairman shall compound such offence, if so requested by the offender, for a sum of money equal to one-fourth of the maximum fine imposable for such offence under section 153, and where a prosecution has been entered against any such offender, the Chairman shall unnpound such offence at any

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Cap. 5771 URBAN COUNCILS (AMENDMENT)

time before judgment with the consent of court.

the Council to the Association of the Urban Councils. .

( 2 ) A n ~ s u m o f m o n e y 32.Section160oftheprincipalenactmentAmedmentof accepted by the Chairman i s hereby amended by the inser t ion section160of

the principal under subsection (1) shall be immediately af t s -on (l) of d o n credited to the Fund of the of the following new -011s :- ro 3, 10 of C O U ~ ~ . " . 1981.1

of 30. Section 157 of the principal enactment section 157 of the principal is hereby amended by the substitution, for sub- enactment. parilgraph V) of paragraph (7) thereof, of the

3.5 of 1983.1 following sub-paragraph :-

" u> the erection of hoardings and other temporary structures, or any decoration of any type, on or abutting any street, and the chargmg of fees for any permits issued in that connexion ;" .

Amendment of 31. Section 159 of the principal enactment section 159 of is hereby amended in subsection (1) thereof as the principal - - enactment. follows :-

(i) by the insertion immediately after paragraph (e) of that subsection of the following new paragtrlph :-

" (ee) all sums as may be set apart by the Council to pay as incentives to the occupiers of premises under section 209~;".

(ii) in paragraph (n thereof, by the substitution, for the words "not exceeding in the aggregate two thousand rupees7', of the words "not exceeding in the aggregate five thousand rupees7' ;

(iii) in paragraph (g) thereof, by the substitution, for the words "not exceeding in the aggregate one thousand rupees", of the words "not exceeding in the aggregate two thousand five hundred ~upees", and

(iv) by the insertion, immediately after paragraph (h) thereof, of the following new -h :-

" ( l ~ ) In pursuance of the powers under subsection (I), the Council may impose a higher rate on premises used for business or commercial purposes.

(IM) (a) The Council may, with the approval of the Minister, exempt frmn the payment of rates all residential pl.emises the annual value of which does not exceed an amount that may be determined by the Council under paragraph (6).

(b) In determining the amount of the annual value of residential premises that may be exempted, the Council shall have regard to-

(i) the state of development of the town for which the Council is d t u t e d ;

(ii) the nature of the services and amenities provided by the Council to residential premises with lesser annual values :

(iii) the loss of revenue that may result from the gmt of any exempton and the means proposed by the Council to recover such loss.

(c) Where any residential pmnises are exempted under the provisions of pangraph (b) the benefit of such exemption shall accme to the occupier thereof.".

33. Section 167 of the principal enactment Amendment of

is hereby amended in ahection (3) thereof, by Of the principal

the substitution for the words U with a fine not exceeding one hundred rupees " of the words [S 2648 of " with a fine not exceeding one thousand 1984.1 rupees".

" (9 all sums not exceeding in the 34. Section 168 of the principal enactment Amendment of

aggregate one thousand rupees is hereby amended in subsection (2) thereof, by cP~!t''f or such other sum as may be the substitution for the words " with a fine not approved by the Minister as exceeding fifty ~upees " of the words " with a [S 27.48 of

being payable in any year by fine not exceedq five hundred rupees ". 1984.1

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URBAN COUNCILS (AMENDMENT) [Cap. 577

Amendment of 35. Section 169 of the principal enactment 39. The following new section is hereby Insertionof is hereby amended in subsection (2) thereof, by inserted immediately after section 209, and ?GAY:' the principal

enactment. the substitution for the words " with a fine not shall have effect as section 2 0 9 ~ , of the t8 28.48 of exceedmg fifty rupees " of the words " wilh a principal enactment :- enactment. 1984.1 fine not exceedmg five hundred rupees ". [S 19.61 of

" Payment of 209~. ( 1 ) An 1981.1 incentives.

Amendment of section 181 of the principal enactment.

36. Section 181 of the principal enactment is hereby amended in subsection (3) thereof, by the substitution for the words " with a fine not

[?29,48 of exceeding one hundred rupees and a firther 1984.1 fine not exceeshg fifty rupees ", of the words

" with a fine not exceeding one thousand rupees and a h r h e r fine not exceedq five hundred rupees ".

. .

Urban Council shall appoint a committee cons* of not less than six Councillors for the purpose of preparing a scheme as regards the maintenance of residential premises and for making recommendations for the payment of an incentive to occupiers of such premises who qualify for such payment.

Insertion of new section 184A in the principal enactment. [g 14.48 of 1983.1

37. The following new section is hereby inserted immediately after section 184 of the principal enactment, and shall have effect as section 184~ , of the principal enactment :-

" Secretary to exercise powers of Council, Chairman and Vice-chairman in certain cases.

[Cap. 589.1

1 8 4 ~ . Where an Urban Council is unable to discharge its functions by reason of the

Chairman and Vice-Chairman ceasing to hold office, the Secretary shall, during any period that elapses between the occurrence of the vacancies in respect of those offices and the filling of those vacancies in accordance with the provisions o f the Local Author i t ies Elections Ordinance, have, exercise, perform and discharge all the rights, privileges, powers, duties and functions vested in, or conferred or imposed on, the Council, the Chairman or Vicechairman by this Ordinance or by any other written law.".

(2) The commit tee in preparing a scheme under subsection (1) and in making any recommendation for payment of an incentive to an occupier of any residential premises shal l t ake in to consideration-

(U) that the residential premises a r e wel l maintained and in good repair and in a clean and sanitary condition ; and

(b) that the street, including the pavement, and all sur face d r a i n s a s fronts, adjoins or abuts such premises are clean and kept fnx of any waste material.

(3) The committee may enter and inspect any residential premises with the consent of the occupier and ascertain any information from the occupier of such premises a t a l l reasonable hours of the day for the purpose of making their recommendations.".

Amendment of 38. Section 209 of the principal enactment 40. Section 219 of the plincipal merit Amendment of secti0n209 Of is hereby amended by the substitution for the is hereby am& by the d h a i o ~ for the section219 of the principal the principal enactment. words " with a tine not e x c e d q fifty npzes'' words " within three months next after the enactment. [O 30.48 of of the words " with a fine not exceedmg five commission ", of the words " within six [531,48 of 1984.1 hundred rupees ". months next after the commission ". 1984.1

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Cap. 5771 URBAN COUNCILS (AMENDMENr)

Amendment of 41. Section 225 of the principal enactment 225 of is hereby amended by the substitution, for the the principal

enactment. words " to a h e not exmdq rupees or [O 32.48 of to imprisonment of either description for a 1984.1 term not exceeding three months.", of the

words " to a h e not exceeding five hundred rupees or to imprisonment of either description for a term not exceedmg six months.".

Amendment of 42. Section 226 of the principal enactment section 226 of is hereby amended by the substitution, for the the principal enactment. words " to a h e not exceeding fi4. rupees.", [S 33.48 o f 1984.1

of the words " to a fine not exceeding five hundred rupees.".

43. Section 227 of the principal enactment Amendment of is hereby amended in subsection (2) thereof, by r;?':? the substitution for the wards " with a' ~IIE not enactment. exceeding five hundred rupees,", of the words 14 34.48 of " with a fine not exceeding five thousand 1984.1 rupees, ".

44. Section 229 of the principal enactment Repeal is hereby repealed. section 229 of

the principal enactment. [g 35.48 o f 1984.1

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