Sri Lanka Consolidated Acts

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National Water Supply and Drainage Board Law (No. 2 of 1974) - Sect 50

Right of owners to joint use of sewers

50.
(1) Where 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 sewers may lawfully be discharged is through a sewer belonging to some person or persons other than the owner of the said premises, the Board after giving the said person or persons a reasonable opportunity of stating any objection thereto, 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 said owner to use the last-mentioned sewer, or declare him to be a joint owner or one of the joint owners thereof, on such conditions as to the payment of rent or compensation, and as to connecting the sewer of the said premises with such other sewer as aforesaid, and as to the respective responsibilities of the parties for maintaining, flushing, cleansing and emptying such last-mentioned sewer or otherwise as may appear to the Board, equitable.
(2) Every such order bearing the signature of the General Manager of the Board shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for that purpose, after fulfilling the conditions of the said order, and after giving the owner or owners of the sewer reasonable notice in writing of his intention so to do, to enter upon the land in which such sewer is situated with assistants and workmen at any time between sunrise and sunset and subject to the provisions of this Law, to do all such things as may be necessary for-
(a) connecting the two sewers;
(b) renewing, altering, or repairing the connection; and
(c) discharging any responsibility attaching to the person in whose favour the Board's order is made for maintaining, flushing, cleansing or emptying the sewer or any part thereof.
(3) In executing any work under this section as little damage as possible shall be done, and the person in whose favour the Board's order is made 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, or repair and make good any damage to buildings occasioned by the execution of the said work; and
(c) pay compensation to any person who sustains damage by the execution of the said work.
(4) Every owner or occupier of any premises who refuses without reasonable cause, to permit, or pre vents 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 or occupier 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 as aforesaid, be liable to a fine not exceeding twenty-five rupees for each day during which the offence is continued.


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