4. The following new section is hereby inserted immediately after section 34 of the principal enactment and shall have effect as section 34A of that enactment: -
| 34A.
| | (1) Where any tree or branch thereof-
| | | (a) obstructs the view of any fixed signal, or |
| (b) obstructs or is likely to obstruct the passage of any train, engine or carriage used on the railway, or |
| (c) is likely to cause damage to the railway or any telegraph line maintained and used by the General Manager, |
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| | (2) Before any railway official enters any land or cuts down any tree or branch thereof under subsection (1), he shall, except where such tree or branch has in his opinion to be cut down immediately, give reasonable notice-
| | | (a) of the cutting down of such tree or branch to the owner thereof , and |
| (b) of the entry on such land to the occupier of such land, |
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| | (3) It shall be the duty of any railway official, when exercising any power under subsection (1), to ensure that as little damage as possible is done to any property. | | |
| | (4) Where any damage to any property has been caused as a result of the exercise of any power under subsection (1) by any railway official, it shall be the duty of the General Manager, upon application made to him in that behalf by the owner of such property, to pay to such owner such compensation in respect of that damage as the General Manager may consider reasonable, and if the owner feels aggrieved as to the amount of compensation, he shall have a right of appeal to the Minister. | | |
| | (5) Any person who applies for compensation under subsection (4) shall forward such application to reach the General Manager not later than thirty days after the date of the occurrence of the damage in respect of which such compensation is sought. ". | | |
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Sri Lanka Consolidated Acts