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

Sri Lanka Consolidated Acts

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National Water Supply and Drainage Board Law (No. 2 of 1974) - Sect 87

Recovery of water supply charge and sewerage charge

87.

(1) In this section, the expression-

	(a) " water supply charge " means the sum payable to the Board for water supplied by the Board to any person, including a local authority;

	(b) " sewerage charge " means the sum payable to the Board by any person whose property is connected to the sewerage system.

(2)

(a) The water supply charge or sewerage charge payable by any person in respect of any month shall be paid by such person-

(i) within thirty days from the date of the receipt by such person of a demand relating to such charge from the Board, or

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

	(b) A demand relating to the water supply or sewerage charge sent by the Board to a person shall be despatched by registered post and shall be deemed to have been received by such person on the day on which that demand would have been delivered in the ordinary course of post.

(3) Where a person receives a demand from the Board for the payment of the water supply charge or sewerage charge of such person in respect of any period, such person may, within a period of twenty-one days from the date of receipt by such person of such demand, dispute the amount of such charge by a written communication to that effect to the Board. Such communication shall specify the amount so disputed and the reason therefor.

(4) No person shall be entitled to dispute the amount of the water supply charge or sewerage charge of such person in respect of any period except under and in accordance with the provisions of subsection (3).

(5) Where the amount of the water supply charge or sewerage charge of any person in respect of any period is disputed by such person, that amount-

	(a) shall be finally decided by agreement between the Board and such person; or

	(b) in the absence of such agreement within a period of thirty days from the date of the receipt by the Board of a communication as to such dispute from such person under subsection (3), shall be finally determined by the Board in its absolute discretion and the determination of the Board shall be final and conclusive, and shall not be called in question in any court or tribunal.

(6) Where the water supply charge or sewerage charge payable by a person in respect of any period is not paid by such person to the Board within the period it is so required to be paid under subsection (2), the General Manager of the Board shall certify in writing the amount which is due from such person on account of such charges.

(7) Upon the production of a certificate issued by the General Manager of the Board under subsection (6) before any District Court or Magistrate's Court within whose jurisdiction the whole or any part of the area within the administrative limits of the local authority in respect of which such certificate is issued is situated, according as the sum specified in such certificate exceeds or does not exceed one thousand five hundred rupees, the Court shall direct a writ of execution to issue to the Fiscal authorizing and requiring him to seize and sell all or any of the property movable or immovable of such person or such part thereof as may be necessary for the recovery of that sum, and the provisions of sections 225 to 297 of the Civil Procedure Code shall, mutatis mutandis, apply to the execution of such writ and to such seizure and sale.

(8) Where the General Manager of the Board issues a certificate referred to in subsection (6), he shall in writing notify the person specified in the certificate that the sum so specified is payable, but the non-receipt of such notice by such person shall not invalidate the proceedings under this section.

(9) Nothing in the provisions of subsections (7) and (8) shall affect or be deemed or construed to affect the right of the Board to recover in any other manner any sum payable to the Board by a person on account of the water supply or sewerage charge payable by such person.

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