Municipal Councils. 42 Any person claiming to be qualified to be elected or to vote, whose name is omitted from the new lists, and any person whose name appears in such lists who claims to have the name of another erased therefrom as disqualified to be elected or to vote, may in accordance with the provisions contained in sections 15 and 16 apply to the chairman to insert or to erase any such name, and, if need be, to a magistrate for an order of insertion or erasure, and every order made by such magistrate on any such application directing the insertion or erasure of any name in or from the said lists shall be forthwith complied with by the chairman. 43 The new lists so prepared as aforesaid, subject to such insertions and erasures as shall have been ordered and made therein as aforesaid, shall be certified under the hand of the chairman during the last week of October following, and when so certified shall be final and conclusive evidence of the qualification of the persons named therein to be elected or to vote, respectively. And such new lists, until the same are in turn superseded, shall supersede and take the place of the lists previously in force. 44 Every suit, prosecution, appeal, or other proceeding commenced or carried on either by or against the late municipal councils of Colombo, Kandy, and Galle, respectively, prior to the coming into operation of this Ordinance, shall continue and take effect in the same manner in all respects as it would have continued and taken effect in relation to the said late municipal councils, or any of them, if this Ordinance had not been passed. 45 All decrees and orders made, all rates, taxes, rents, tolls, or other payments due, and all fines and penalties incurred previously to the coming into operation of this Ordinance, shall be enforced, levied, recovered, and proceeded for, and all executive proceedings commenced previously to the coming into operation of this Ordinance shall be continued, proceeded with, and completed in like manner as if this Ordinance had not been passed, the municipal councils of Colombo, Kandy, and Galle, respectively, under this Ordinance, being in reference to the matters aforesaid in all respects substituted for the late and all former municipal councils of the said respective towns of Colombo, Kandy, and Galle. Municipal Purposes. 46 The purposes for which municipal councils are authorized to expend funds are the following, viz.: (a) Lighting public streets, places, and buildings; control, supervision, and removal of dangerous places, buildings, trades, and practices; regulation of traffic; and prevention and removal of obstructions in public streets or places. (b) Construction, maintenance, supervision, and control of public markets and slaughter-houses; latrines, privies, urinals; drains, sewers, drainage works, Procedure to have names inserted or erased. New lists, subject to insertions and erasures, to be certified by chairman, and to be final and conclusive evidence and qualification until superseded by fresh lists. Actions, &c., by or against municipal councils not to abate. Decrees, orders, &c., made before coming into operation of this Ordinance, to be enforced. Purposes for which municipal funds may be expended. Public safety : lighting, regulation of traffic, &c. Public health: markets, drainage works, &c. Cleaning streets, &c. Education: maintenance of English schools. Public convenience: streets, &c. Buildings. Surveys. General. Contributing towards public ceremonies. Governor shall appoint a chairman. Entire executive power and responsibility to be vested in chairman, assisted by an assistant chairman if one is appointed. All executive acts to be done by chairman or assistant chairman, if any. [§ 12,1 of 1896] Chairman, Municipality. Municipal Councils. tramways, and other works for the removal of sewage; waterworks, drinking fountains, tanks, and wells; parks and gardens; acquisition of land necessary for any of these purposes; reclamation of unhealthy localities; and other sanitary measures of a like nature. Cleansing and watering of streets and sewers; scavenging; removal of excessive or noxious vegetation; and, generally, the abatement of all nuisances. (c) Maintenance of schools in which the English language is taught, in accordance with the provisions of Ordinance No. 33 of 1884. (d) Construction, maintenance, and alteration of streets, bridges, causeways, culverts, and the like, and acquisition of land necessary for any of these purposes; regulation of buildings; removal of undue projections; naming streets and numbering houses; and planting trees in public streets and places. Construction, purchase, and maintenance of all buildings required in order to give effect to the purposes of this Ordinance. Survey of houses and lands. (e) All matters necessary for or conducive to public safety, health, or convenience. (f) Contributing, with the previous sanction in writing of the Governor in Executive Council, towards the cost incurred on the occasion of any public ceremony or for purposes of public recreation or entertainment in the municipality. Municipal Executive Officers. 47 (1) The Governor shall from time to time appoint a proper person to be the chairman of the municipal council, and may from time to time remove such person from office, and appoint another in his stead. The entire executive power and responsibility for the purposes of this Ordinance shall be vested in such chairman, assisted, if the Governor shall think fit, by an officer who shall be styled assistant chairman. All executive acts which are hereinafter directed to be done by the municipal council shall, unless the contrary intention appears from the context, be done by the chairman, or the assistant chairman if specially authorized thereto by the chairman. Provided that in the exercise of any power vested in the chairman under this Ordinance the chairman or the assistant chairman shall, except in cases of extreme urgency, and when there would not be sufficient time to call a special meeting of the municipal council, not act in opposition to, or in contravention of, any resolution of the municipal council. (2) In the case of the Colombo Municipality such chairman shall be an officer in the Civil Service of the Ceylon Government, who, unless he be the Government Agent of the Western Municipal Councils. Province, shall devote the whole of his time and attention to the duties of his office, and shall not hold any other appointment, temporary or permanent, save that of a municipal magistrate, nor follow any other occupation, nor be a director of any company. 48 The chairman, if he holds no other appointment under the Ceylon Government, shall receive out of the municipal fund such salary, not exceeding fifteen thousand rupees per annum, as may from time to time be fixed by the Governor in Executive Council. Provided always that such salary in the case of the chairman of the Colombo Municipal Council shall be paid out of the said fund into the Colonial Treasury in such instalments and at such times as the Governor shall direct. Provided further that if the chairman is also Government Agent of the Western Province, he shall receive out of the municipal fund such salary, not exceeding four thousand rupees per annum, as may from time to time be fixed by the Governor in Executive Council. 49 The Governor may from time to time, if he shall think fit, appoint an officer of the municipality to be assistant chairman of the municipal council, and may from time to timeat his discretion cancel such appointment. The assistant chairman shall assist the chairman in his office, and shall perform the duties which shall be assigned to him by the chairman. 50 In the event of any epidemic or any unusual mortality prevailing within the municipality, it shall be competent to the Governor to appoint a special sanitary officer for the purpose of investigating the causes of such epidemic or mortality, and of advising the municipal council and the Governor as to the measures to be taken for the removal or abatement of such epidemic or mortality. 51 The appointment of a special sanitary officer may be made from time to time for such period not exceeding twelve months as the Governor in Executive Council may deem necessary. Such officer shall receive a salary not exceeding three hundred rupees per mensem out of the municipal fund. 52 Such officer, or any health officer of the municipality, shall during his employment have all the powers of entry and inspection given to the chairman or other officer of the municipality by this Ordinance. Municipal Magistrate. 53 Upon the coming into operation of this Ordinance the power vested in the late municipal councils of Colombo, Kandy, and Galle, respectively, to form a bench of magistrates, shall cease and determine. Provided, nevertheless, that nothing in this Ordinance contained shall affect any proceeding already had, or any order made or sentence passed by any bench of magistrates, or any appeal or right of appeal therefrom, which said proceeding, order, sentence, shall hold no other office. Chairman to receive salary not exceeding fifteen thousand rupees per annum. Proviso. [§ 13, 1 of 1896) Governor may, if he shall think fit. appoint an assistant chairman. When special sanitary officer may be appointed by the Governor. For what period. Salary. Municipal contribution towards salary. Powers of special sanitary officer. Municipal councillors shall cease to have power to form bench of magistrates. Proviso. Past proceedings Municipal magistrate. Powers aud jurisdiction of such magistrate. [§ 14, 1 of 1896] Governor may appoint additional municipal magistrate. [§ 6, 26 of 1890] [§ 14, 1 of 1896] Municipal Councils. appeal, or right of appeal, shall remain valid and effectual, and shall be carried out and prosecuted as if this Ordinance had not been passed. 54 Every complaint, matter, or thing which shall then be pending before any bench of magistrates shall or may be proceeded upon in the police court having jurisdiction within the limits of the municipality, or in the court of the municipal magistrate specified in section 55; and all proceedings which shall thereafter be had on such complaint, matter, or thing, respectively, shall be conducted in like manner as if such complaint, matter, or thing had been instituted in such police court or in the court of the municipal magistrate; and all the records and proceedings belonging and appertaining to any such complaint, matter, or thing shall be delivered to such police court or to the court of the municipal magistrate by such bench of magistrates. and 55 In any municipal town wherein the chairman receives a salary out of the municipal fund under section 48, such chairman shall be ex-officio the municipal magistrate. In every other municipal town the police magistrate having jurisdiction within such town shall be the municipal magistrate. The municipal magistrate shall hear, try, determine any offence committed within the municipality in breach of any municipal by-laws lawfully enacted, or under this Ordinance, or any of the following Ordinances : Nos. 4 of 1841; 10 of 1854;* 14 of 1859 ;† 10 of 1861; 7 of 1862; 12 of 1862; 15 of 1862; 9 of 1863; 13 of 1864; 14 of 1865; 16 of 1865; 17 of 1865 ;§ 20 of 1865; 8 of 1866; 14 of 1867 ;|| 5 of 1868;¶ 3 of 1871; 7 of 1873;** 17 of 1873; 8 of 1876; 4 of 1878;tt 14 of 1878; 27 of 1884; 5 of 1889; 7 of 1889; 8 of 1889; 15 of 1889; 17 of 1889; 9 of 1891; 7 of 1893; 9 of 1893; 1 of 1894;* and 2 of 1894;* and any offence committed within the municipality in breach of sections 257,258, and 259 of the Ceylon Penal Code; and shall have jurisdiction to award such punishment to the offenders as is authorized by law. 55 A It shall be lawful for the Governor, as occasion may require, to appoint the police magistrate or any additional police magistrate having jurisdiction in any municipal town, wherein the chairman receives a salary out of the municipal fund under section 48, to be an additional municipal magistrate for such town, and all and every the powers and jurisdiction vested in a municipal magistrate under section 55 shall be exercised by the additional municipal magistrate so appointed as aforesaid. Provided that it shall be lawful for the Governor, acting with the advice of the Executive Council, by resolution to be notified in the Government Gazette, from time to time to extend the jurisdiction of the municipal magistrate, and to declare that such magistrate shall hear, try, and determine any offence committed within the municipality in breach *Repealed by No. 9 of 1899. Repealed by No. 3 of 1896, Repealed by No. 9 of 1880. Repealed by No. 12 of 1891. †† Repealed by No. 5 of 1899. Municipal Councils. of any Ordinance or Ordinances set out in such notification, and after the publication of any such notification such magistrate shall hear, try, and determine any offence committed within the municipality in breach of any such Ordinance or Ordinances, and shall have jurisdiction to award such punishment to the offenders as is authorized by law. 56 Every municipal magistrate who is not the chairman shall receive such allowance not exceeding one thousand five hundred rupees per annum out of the municipal fund as is from time to time fixed by the Governor in Executive Council, and every municipal magistrate shall, before he begins to exercise the functions of his office, take and subscribe the oaths in the form set forth in the schedule B to this Ordinance, and such oaths shall be enrolled in the court of such municipal magistrate, and a copy of such enrolment shall be forthwith transmitted to the Registrar of the Supreme Court to be filed of record in that court. 57 All proceedings before the said municipal magistrate shall be conducted and governed by the rules, forms, and procedure prescribed for and observed by police courts, and no appeal shall lie from any judgment or order of a municipal magistrate except as provided for by "The Criminal Procedure Code, 1883,' or by any other law for the time being in force, in respect of appeals from any judgment or order of a police court. 58 The provisions of "The Stamp Duties Ordinance, 1884," in respect of police courts, shall equally apply to the court of the municipal magistrate. Subordinate Officers and Servants. 59 For the purpose of carrying out the provisions of this Ordinance, the municipal council may create, as provided in section 122, such offices other than those mentioned in sections 49 and 50 as they may think necessary. The chairman shall from time to time appoint all such officers whose salary shall not exceed one hundred rupees per mensem, and may from time to time remove any such officer with the consent of the standing committee, and appoint another in his place. And all officers whose salary exceeds one hundred rupees per mensem shall be appointed by the municipal council, who may from time to time remove any such officer and appoint another in his place. Provided that the Governor in Executive Council from time to time may require the appointment of a health officer under this section. Leave of Absence. 60 The Governor in Executive Council may, upon the recommendation of the municipal council, grant such leave of absence to the chairman, assistant chairman, or municipal magistrate, as he thinks fit, upon the same terms and conditions as leave of absence is granted to the members of the Civil Service of this colony. Repealed by No. 15 of 1898. 2 T Repealed by No. 3 of 1890. Oaths of [§ 15, 1 of 1896 Rules and forms of procedure in police courts to be observed in court of municipal magistrate. Appeals. Stamp duties. Chairman to appoint and to remove subordinate officers. § 16. 1 of 1896 [§ 16, 1 of 1896) Proviso. Grant of leave of absence to chairman, assistant chairman. and municipal magistrate. |