70.
| (1) Where it appears to any Pradeshiya Sabha that, having regard to the average expense of maintaining thoroughfares in the neighbourhood, extraordinary expenses may have been incurred by the Pradeshiya Sabha in maintaining any thoroughfares of which it has control, by reason of the damage caused or likely to be caused by the carnage of any excessive weight or the passing of any extraordinary traffic thereon, the Pradeshiya Sabha shall be entitled to recover from any person by whose order, or in consequence of whose order. such weight or traffic was carried or caused, the amount of such expenses as may be proved to the satisfaction of a competent court to have been incurred by the Pradeshiya Sabha by person of the do age arising 01' likely to arise from such excessive weight or extraordinary traffic, or, where more than one person is responsible for such excessive weight or extraordinary traffic, may recover from Each of such persons such proportion of the amount of the expenses so incurred, as in the opinion of the court may fairly be assigned to him. |
|
| (2) Any person against whom expenses are or may e recoverable by a Pradeshiya Sabha under this section may enter into an agreement with the Pradeshiya Sabha for making payment to the Pradeshiya Sabha by way of compensation ill respect of such weight or traffic, and, where payment is made in accordance with such agreement, no proceedings under this section shall be instituted or main abed against such person. |
|
| (3) Proceedings for the recovery of any expenses under this section shall be commenced within twelve months of the time at which such expenses were incurred, or where any expenses incurred are the consequence of any particular contract or work extending over a long period, shall be commenced not later than six months after the Completion of the contract or work. |
|
|
Sri Lanka Consolidated Acts