Sri Lanka Consolidated Acts

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Pradeshiya Sabhas Act (No. 15 of 1987) - Sect 39

Power to take materials

39. It shall be lawful for the proper officer of the Pradeshiya Sabha and for the servants, workmen, and labourers employed by or under him, at all reasonable times, and with all necessary and proper carriages, carts, animals, and other means, to search for, dig, cut, take, and carry away any water, timber, brushwood, stone, gravel, clay, or any other materials whatsoever, for the purpose of trading, measuring, making, working, opening, altering, turning, repairing, clearing, improving, or fencing, or in any way assisting in the tracing, measuring, making, working, opening, altering, turning, repairing, clearing, improving or fencing any existing or intended thoroughfare in that Pradeshiya Sabha are or of building, excavating, repairing, clearing or improving any bridge, fence, drain, dam, or ditch thereupon or in any way connected therewith; or for the construction or repair of any lines or any buildings whatsoever required on or near any such thoroughfare for the use of any officer as aforesaid, or any workmen, animals, carriages, carts, persons, or things employed in his service, in and from any land adjacent Or near to any such thoroughfare, and to carry away the same through the land of any person, without being deemed a trespasser: Provided that no such materials shall be dug for, cut, or taken away, upon or from any yard, avenue, to a house, or lawn or any enclosed garden, plantation, field, or wood, without the consent of the owner thereof, unless sufficient materials cannot conveniently be obtained from the neighbouring waste lands or common or amended grounds, in which case the said officer may take any of such materials where he can conveniently procure them: Provided, also, that reasonable compensation for all materials so taken and for the damage done in taking and carrying away the. materials, shall be made to the owner thereof: Provided, further, that such officer shall rail or fence off any quarry or pit from which any such materials may be taken, so that it may not be dangerous to any person or animal.


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