49.
| (1) When it appears to the Board that the only or best practicable means by which a sewer required for the sewering of any premises can be emptied into any sewer or other fit place into which a sewer may lawfully be discharged is by carrying the same into, through or under any land belonging to some person other than the owner of the said premises, the Board after giving the owner of the said land a reasonable opportunity of stating any objection, may, if no objection is raised or if any objection which is raised appears to the Board invalid or insufficient, by an order in writing authorize the owner of the said premises to carry his sewer into, through, or under the said land in such manner as the Board shall think it fit to allow. |
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| (2) Every such order bearing the signature of the General Manager of the Board shall be complete authority to the person in whose favour it is made, or to any agent or person employed by him for that purpose, after giving the owner of such land reasonable written notice of his intention so to do, to enter upon the said land with assistants and workmen at any time between sunrise and sunset and to execute the necessary work. |
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| (3) Subject to the provisions of this Law, the owner or occupier of any premises, or any agent or person employed by him for that purpose, may, after giving the owner of any land, wherein a sewer has already been lawfully constructed for the sewering of his premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen at any time between sunrise and sunset for the purpose of repairing or cleansing such sewer. |
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| (4) In executing any work under this section as little damage as possible shall be done; and the owner or occupier of the premises for the benefit of which the work is done shall-
| | (a) cause the work to be executed with the least practicable delay; | | |
| | (b) fill in, reinstate, and make good at his own cost the land broken up for the purpose of executing the said work; and | | |
| | (c) pay compensation to any person who sustains damage by the execution of the said work. | | |
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| (5) Every owner of land who refuses to permit or prevents without reasonable cause the execution of any work in accordance with the provisions of this section, shall be guilty of an offence and shall on conviction after trial before a Magistrate be liable to a fine not exceeding one hundred rupees; and every such owner who persists in such refusal or who continues to prevent the execution of such work after a conviction thereof shall be guilty of a continuing offence and shall on conviction be liable to a fine not exceeding twenty-five rupees for each day during which the offence is continued. |
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| (6) When the owner of any land, into, through or under which a sewer has been carried under this section while such land is unbuilt upon, desires at any time afterwards to erect a building on such land, the Board shall, by written notice, require the owner or occupier of the premises for the benefit of which such sewer was constructed to close, remove, divert, reconstruct, or protect the same in such manner as may be approved by the Board and to fill in, make good, and reinstate the land; |
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| (7) Every owner or occupier who refuses to comply with the requirements of any notice served on him under subsection (6) within a reasonable time, shall be guilty of an offence, and shall on conviction after trial before a Magistrate be liable to a fine not exceeding one hundred rupees. |
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Sri Lanka Consolidated Acts