33.
| (1) Where any town excluded from the operation of the Local Boards Ordinance, 1898,*[* Repealed by Act No. 54 of 1949.] by Proclamation under section 2 of that Ordinance, or any town or village excluded from the operation of the Small Towns Sanitary Ordinance, 1892, *[* Repealed by Act No. 54 of 1949.] by Proclamation under section 4 of that Ordinance, is, or has, at any time after the 1st day of July, 1939, been brought and continues to be within the operation of this Ordinance, the Minister1 may by Order published in the Gazette-
| | (a) transfer to the Village Council of the area in which that town or village is situated, the whole or any specified part of any property or rights over property or any funds, acquired or received by or vested in the Board for the use and benefit of that town or village, and declare that the whole or any specified part of such funds and of the revenue derived from the town or village shall be employed by the Village Council for the use and benefit of that town or village ; | | |
| | (b) direct the aforesaid Village Council to keep separate books of accounts in respect of that town or village ; | | |
| | (c) apportion and assign to the aforesaid Village Council the whole or any specified part of the rights, liabilities, debts or obligations of the Board under any contract entered into by the Board for the benefit of that town or village ; and give directions as to the security to be given by the Village Council for any debt, and as to the mode and conditions of discharge of any liabilities or obligations, so apportioned or assigned; | | |
| | (d) prescribe the terms and conditions on which any officer or servant employed by the Board for any purpose relating to that town or village, may be transferred to the service of the aforesaid Village Council; | | |
| | (e) give directions as to the collection and recovery of moneys due to the Board from the inhabitants of that town or village (whether as rates, taxes, licence duties or otherwise) and as to the payment of such moneys, when so collected and recovered, to the aforesaid Village Council; and | | |
| | (f) make such other provision as may appear to the Minister to be necessary or expedient. | | |
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| (2) Upon the publication of an Order under subsection (1) -
| | (a) all the property or the rights over property or the funds, specified therein, shall vest in the Village Council, and such funds and such part of the revenue as may be specified therein shall be employed by the Village Council for the use and benefit of the town or village mentioned in the Order ; | | |
| | (b) separate books of accounts in respect of that town or village shall, if the Order so directs, be kept by the Village Council; | | |
| | (c) such rights, liabilities, debts or obligations as may be apportioned or assigned thereby, shall be enforceable or shall be secured or discharged by the Village Council in such manner and subject to such conditions as may be specified therein ; and | | |
| | (d) any officer or servant of the Board who is offered and accepts employment under the Village Council shall be appointed and shall hold office on the terms and conditions specified in the Order, without prejudice, however to any qualifications acquired by him for any pension, gratuity or other compensation payable out of the funds of the Board in respect of his service under the Board. | | |
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| (3) Where any town excluded from the operation of the Local Boards Ordinance, 1898,* by Proclamation under section 2 of that Ordinance, or any town or village excluded from the operation of the Small Towns Sanitary Ordinance, 1892, *[* Repealed by Act No. 54 of 1949.] by Proclamation under section 4 of that Ordinance, is brought within the operation of this Ordinance and constituted into a separate village area, every by-law in force in that town or village on the day immediately preceding the date of such constitution shall, so far as it is not in conflict with the provisions of this Ordinance, be deemed to be a by-law made under this Ordinance and shall continue in force within that village area until it is rescinded by the Village Council. |
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| (4) In every case referred to in subsection (3), the provisions of subsections (1) and (2) shall have effect subject to the following modifications, that is to say: -
| | (a) as if in subsection (1) -
| | | (i) for paragraph (a), there had been substituted the following new paragraph : -
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| (ii) paragraph (b) had been omitted; and |
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| | (b) as if in subsection (2) -
| | | (i) in paragraph (a), all the words from " and such funds" to the end of that paragraph had been omitted ; and |
| (ii) paragraph (b) had been omitted. |
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| (5) In this section " Board " used in relation to any town excluded from the operation of the Local Boards Ordinance, 1898,* means the Local Board of Health and Improvement of that town, and in relation to any town or village excluded from the operation of the Small Towns Sanitary Ordinance, 1892,*[* Repealed by Act No. 54 of 1949.] means the Sanitary Board of the province or district within which that town or village is situated. |
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* Repealed by Act No. 54 of 1949. |
Sri Lanka Consolidated Acts