AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT AND REGULATION OF A POLICE FORCE IN SRI LANKA.
|16 of 1865||7 of 1866||18 of 1871||6 of 1873||7 of 1873|
|3 of 1875||1 of 1878||7 of 1880||1 of 1883||3 of 1883|
|13 of 1884||11 of 1886||23 of 1891||4 of 1897||13 of 1905|
|22 of 1906||14 of 1907||17 of 1908||7 of 1910||17 of 1912|
|12 of 1914||39 of 1916||40 of 1921||14 of 1924||20 of 1927|
|12 of 1933||21 of 1939||36 of 1945||32 of 1947||Law Nos,
3 of 1974
15 of 1949
|50 of 1954||32 of 1956||15 of 1962||2 of 1968|
|3 of 1972||41 of 1984|
[1st January , 1866 ]
|Short title.Laws and customs repugnant to this Ordinance repealed.||
1 This Ordinance may be cited as the Police Ordinance.
2. So soon as any of the provisions of this Ordinance shall be brought into operation within any town, village, or limits, or part of any town or village, all laws, customs, and usages which may then be in force therein, so far as they are in anywise repugnant to or inconsistent with the provisions of this Ordinance, shall be revoked, abrogated, and repealed.
GENERAL POLICE FORCE
|Establishment of police force||
3. It shall be lawful for the Minister, from time to time, as occasion may require, to establish,by Order published in the Gazette, a police force for the effectual protection of person and property within such towns as to him shall appear to require the same. Whenever such force shall be so established within any town this Ordinance shall come into operation therein : Provided that no Order shall be necessary to establish the force in places where the same shall have been already established under the Ordinance No. 17 of 1844, to which this Ordinance shall apply.
Police force may be established in certain places, though not maintained in the manner prescribed in this Ordinance. Police in rural districts.
Quartering of police in disturbed or dangerous districts, or districts the inhabitants of which misconduct themselves.
Power to employ additional police force.
Meaning of " large
Some of the provisions only of this Ordinance may be brought into operation in any place.
Definition of limits of town.
Officers in whom the administration of police is vested.
Appointment of officers for the purposes of this Ordinance.
Additional police officers to be employed at the' cost of individuals.
Recovery of expense under sections 6.7, and 22
Establishment of police reserve.
[2, Law 3 of 1974] Appointment of Commandant and Deputy Commandant.[2, Law 3 of 1974]
Enrolling of reservists.[2, Law 3 of 1974]
Enrolling of reservists.[2, Law 3 of 1974]
Identity cards. [ 3, Law 3 of 1974]
Mobilization. [ 3, Law 3 of 1974]
Officers to serve in any part of the Republic.[3, Law 3 of 1974] Powers,responsibilities c, of officers.[3, Law 3 of 1974]
[3, Law 3 of 1974] Powers, responsibilities c, of officers.[ 3, Law 3 of 1974]
4. It shall be lawful for the Minister, by Order published in the Gazette, to establish a police force in any place other than large towns, though such force be not maintained in the manner prescribed by this Ordinance, and to declare that certain of the provisions of this Ordinance shall come into operation at such place, specifying the limits thereof, and such Order from time to time to revoke, alter, or amend.
5. It shall be lawful for the Minister to establish a police force in any rural district, and to cause the same to be maintained in the manner hereinafter prescribed.
6. It shall be lawful for the Minister, by Order published in the Gazette, to quarter police, or, should a police force have been already established there, to increase the same, in any part of Sri Lanka which shall be found to be in a disturbed or dangerous state, or in any part in which, from the misconduct of the inhabitants (whether in harboring offenders or suspected persons, refusing to aid in their apprehension, or otherwise) , he may deem it expedient so to do ; and the inhabitants of the parts of Sri Lanka in which the police or the additional number of men as aforesaid shall be so quartered, shall be charged with the cost of the men ; and the (See section 4 of the Transfer of Powers (Divisional Secretaries) Act, No. 58 of 1992.(Section 4 is appended in page 343A))Government Agent to whose district such part belongs,but not any (See section 4 of the Transfer of Powers (Divisional Secretaries) Act, No. 58 of 1992. (Section 4 is appended in page 343A)) Assistant Government Agent, shall assess the proportion in which such cost is to be paid by the inhabitants according to his judgment of their respective means.
7. Whenever any large work shall be carried on or be in operation in any part of the country,and it shall appear to the Inspector-General of Police that the employment of an additional police force in the neighborhood of such large work is rendered necessary by the behaviour or reasonable apprehension of the behaviour of persons employed upon such large work, it shall be lawful for the Inspector-General of Police, with the approval of the Minister to direct the employment of such additional police force, and to maintain the same so long as the necessity shall continue, and to make orders from time to time upon the person having the control or custody of the funds of any company or person carrying on such large work for the payment of the extra force so rendered necessary as aforesaid.
8. The term " large work" shall, unless the context otherwise requires, include any railway, work ".tramway, manufactory, any plumb ago mining or other commercial business or concern in which a considerable number of artisans, operatives, workmen, coolies, or persons are employed.
9. It shall be lawful for the Minister, by Order published in the Gazette, from time to time to declare that such of the provisions of this Ordinance as to him may seem advisable shall come into operation throughout Sri Lanka, or in any province, district, town, or place as shall appear to him to require the same, though there be no police force established therein.
10. The Order establishing a police force in any town shall also specify and define the limits of such town, and it shall be lawful for the Minister, from time to time as occasion may require, by Order, to alter or vary such limits.
20.(Sections 11 to 19 (both inclusive) are replaced by Act No. 2 of 1968.). The administration of the police in Sri Lanka shall be vested in the Inspector-General of Police, Superintendents and Assistant Superintendents of Police, inspectors, sergeants, and constables.
21.(1) There shall be appointed an Inspector-General of Police and such Deputy Inspectors-General of Police, Superintendents, Assistant Superintendents,inspectors, and other officers as may be necessary for the purposes of this Ordinance. (2) A Deputy Inspector-General of Police shall discharge such functions of the Inspector-General of Police as the Inspector-General of Police may from time to time assign to him. (3) In this Ordinance or any other written law "Inspector-General of Police "shall be deemed to include a Deputy Inspector-General of Police.
22. It shall be lawful for the Inspector-General of Police or any Superintendent, if he shall think fit, on the application of any person showing the necessity thereof, to appoint any additional number of police officers to keep the peace, at the charge of the person making the application, but to be under the orders of tile Inspector-General of Police or Superintendent and for such time as they shall think fit: Provided that it shall be lawful for the person on whose application such appointment shall have been made, on giving one month's notice in writing to such Inspector-General of Police or Superintendent to require that the officer so appointed shall be discontinued, and such person shall be relieved from the charge of such additional force from the expiration of such notice.
23. If upon demand any person refuses or fails to pay the sum due by him for maintaining the force under sections 6, 7, and 22, the Inspector-General of Police or Superintended shall report such refusal or failure to the nearest Magistrate's Court, which shall proceed to recover such sum as if it were a fine imposed by that court.
24. There shall be established a police reserve to assist the police force in the exercise of its powers and the performance of its duties.
25. (1) For the purposes of this Ordinance, there shall be appointed a Commandant who shall be in command of the police reserve and be responsible for its general administration in accordance with the provisions of this Ordinance and the regulations made hereunder. (2) There shall be appointed an officer of the police force not below the rank of Superintendent of Police to be Deputy Commandant who shall, in the absence of the Commandant, exercise and perform all his powers and duties.
26.(1) The Commandant shall, in accordance with the regulations made in that behalf, appoint to the police reserve such number of Reserve Superintendents, Reserve Assistant Superintendents, Reserve Chief Inspectors, Reserve Inspectors, Reserve Sub-Inspectors, Reserve Sergeants- Major, Reserve Sergeants and Reserve Constables as may be determined by the Inspector-General of Police. (2) Every appointment to the rank of Reserve Superintending and Reserve Assistant Superintendent shall be made with the prior written approval of the Inspector-General of Police.
26A. An identity card issued to any person duly authenticated by the Commandant shall be conclusive proof of the appointment under this Ordinance of the holder thereof to the rank in the police reserve specified therein.
26B.(1) The Commandant shall, on the directions of the Inspector-General of Police, mobilize such officers of the police reserve as are required to assists the police force in the exercise of its powers and performance of its duties. No such officer shall be de-mobilized by the Commandant except on the directions of the Inspector-General of Police. (2) The notification of mobilization may be conveyed to any member of the police reserve orally or in writing or by an announcement made over the radio or by publication in a newspaper.
26C. An officer of the police reserve shall be required to serve in any part of the Republic and within its territorial waters. 26D. On mobilization an officer of any rank in the police reserve shall have the same powers, duties, obligations and responsibilities and enjoy the same immunities as an officer of that rank in the police force.
26D. On mobilization an officer of any rank in the police reserve shall have the same powers, duties, obligations and responsibilities and enjoy the same immunities as an officer of that rank in the police force.
Penalty for refusal 26E. to serve when mobilized.
[3, Law 3 of 1974](1) Any officer of the police reserve who, having been mobilized for service, fails without reasonable cause to report for service, or neglects or refuses to serve as
such, shall be guilty of an offence and shall be liable on conviction Obligations of employers.
[ 3, Law 3 of 1974]
Unauthorized use of uniforms.
[ 3, Law 3 of 1974]
Framing of rules.
[ 3, Law 3 of 1974]
after trial before a Magistrate to a fine not exceeding one thousand rupees or to rigorous imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
(2) Any officer of the police reserve who, having been mobilized for service, fails without reasonable cause to carry out any lawful order, instruction or direction given for the performance of his duties by the Commandant or an officer of the police reserve duly authorized by the Commandant or any officer of the police force duly authorized by the Inspector-General of Police, shall be guilty of an offence and be liable on conviction after trial before a Magistrate to a fine not exceeding five
hundred rupees or to simple imprisonment for a term not exceeding three months, or to both such fine and imprisonment
(1) It shall be the duty of every employer to give all proper facilities for enabling any person in his employ to become or to be a member of the police reserve and
any such person who is a member of that reserve to undergo and render such training and serve as he may be required to undergo and render by or under this Ordinance.
(2) Any employer who
(a) fails to give the facilities referred to in subsection (1) of this section ; or
(b) by dismissing an employee or by reducing his wages or in any other manner penalizes him for undergoing or rendering any training or service referred to in that subsection, shall be guilty of an offence and shall, on conviction after trial before a Magistrate, be liable to a fine not exceeding one thousand rupees or to simple
or rigorous imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
(3) Where an employer guilty of an offence under this section
(a) is a body corporate, every person who, at the time of the commission of the offence, was a director, manager or secretary of such body; and(b) is a firm, every partner of such firm, shall be deemed to be guilty of such offence unless such director, manager, secretary or partner, as the case may be, proves that such offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of such offence as he ought to
have exercised having regard to the nature of his functions in such capacity and in all the circumstances.
26G. Any officer of the police reserve who(a) when not mobilized and without lawful authority uses or wears the uniform or any part of the uniform of an officer of the police reserve or any imitation thereof
which is calculated to deceive, or
(b) without lawful authority supplies to a person who is not an officer of the police reserve, any such uniform or part of such uniform, shall be guilty of an offence and shall of conviction after trial before a Magistrate be liable to a fine not exceeding two hundred rupees or to rigorous imprisonment for a term not exceeding three
months, or to both such fine and imprisonment.
26H. It shall be lawful for the Inspector-General of Police, with the approval of the Minister, to make rules in respect of all or any of the following matters
relating to the police reserve :
(a) the personnel and cadre of the police reserve ;
(b) the recruitment of officers and their conditions of serve ;
(c) the duties and responsibilities of officers under mobilization ;
(d) the training of officers ;
(e) the arming of the police reserve ;
(f) the discipline of officers ;
(g) the mobilization and de-mobilization of officers ;
(h) the award of rewards or decorations in recognition of meritorious service ;
(i) the establishment and administration of a Police Reserve Amenity Fund ; and
(j) any other matter connected with the exercise of the powers and the
performance of the duties by officers.
Police officers not to resign without leave or two month's notice.
27. No police officer shall be at liberty to resign his office or withdraw himself from the duties thereof, unless expressly al lowed to do so in writing by the Inspector-General of Police or Superintendent, or unless he shall have given to his superior of facer two months' notice in writing of his intention to do so ; nor shall any such police officer engage in any employment or office whatever other than his duties under this Ordinance, unless expressly permitted to do so in writing by the Inspector-General of Police.
Police force may be placed under the control of a public officer.
28. It shall be lawful for the Minister to place a police force established in any district, rural district, town, or place, or in the neighborhood of any railway and other works, under the control of any public officer having authority in such district, rural district, town, place, or neighborhood, or in the province wherein such district, rural district, town, place, or neighbourhood is situated ; and such public officer shall in such case exercise the powers herein vested in police officers not under the grade of Assistant Superintendents of Police: Provided that nothing herein contained shall be held to interfere with the general supervision of the Inspector-General of Police over the entire force and all officers thereof, subject to rules and regulations to be made by the Minister.
(1) The Minister may, with the concurrence of the Minister in charge of the subject of Finance, make regulations providing for the establishment and operation of a scheme for the grant of compensation to any police officer who is permanently, totally or partially disabled, or to the legal heir or heirs of any police officer who is dead, in any case where such disablement or death, as the case may be, is due to any injury
(a) received by such officer while on duty, or
(b) received by such officer while on a direct journey
(i)from his place of residence to his place of work to report for duty, or
(ii) from his place of work to his place of residence after duty, or
(c) received by such officer while not on duty in the performance of some act which is within the scope of his ordinary duties, or
(d) received by such officer in consequence of any act performed in the execution of his duties, or
(e) received by such officer as a result of any act of reprisal occasioned by or arising out of any action taken by him in the execution of his duties.
Such regulations may provide for the principles, exceptions, restrictions and conditions according, and subject, to which such compensation will be granted and for all other matters necessary or expedient for the establishment and operation of such scheme. Such regulation may make different provisions in respect of police officers who are members of the police reserve and police officers who are not such members.
[2, 15 of 1962]
(2).No regulation made under the preceding provisions of this section shall have effect until it is approved by Parliament, and notification of such approval is published in the Gazette.
[2, 15 of 1962]
(3) Any regulation made under the preceding provisions of this section may be given retrospective effect as from a date not earlier than the fourth day of February, 1948.
[2, 15 of 1962]
(4) Any compensation granted in accordance with regulations made under the preceding provisions of this section shall be a charge on the Consolidated Fund.
[2, 15 of 1962]
(5) Where in any case a dispute arises as to whether or not compensation is payable or as to the amount of compensation payable under any regulations made under the preceding provisions of this section, such dispute shall be referred to the Minister for decision by the Inspector-General of Police and the decision of the Minister, made with the concurrence of the Minister in charge of the subject of Finance, on such reference shall be final and conclusive and shall not be subject to question or review in a court of law.
[2, 15 of 1962]
(6) Any compensation granted in accordance with regulations made under the preceding provisions of this section in respect of the disablement or death of a police officer shall be in addition to any pension, gratuity, compensation, allowance, or other benefit, granted in respect of such disablement or death under the Minutes on Pensions,
[2, 15 of 1962]
(7) For the purposes of this section "police officer" shall include a police driver.
Expenses of police.
MAINTENANCE OF GENERAL POLICE
29. The salaries of the Inspector-General of Police and of the Superintendents, the cost of barracks, hospitals, medical attendance, and arms will be defrayed by the Government. All other expenses, including where there is a public water supply, the cost of supplying water to the police station, premises, quarters, and barracks, must be defrayed by the inhabitants of the towns for the protection of whose persons and property the police is established, except where a force is created under section 4:
Provided, however, that when any town is created a Municipality, the expenses of the police shall be provided for and recovered as directed by the Municipal Councils Ordinance, or any other enactment to be for that purpose hereinafter enacted.
Fixed rates at which recovery of cost of police shall be made.
[4, 2 of 1968]
30. The cost of the police payable under sections 6,7,22 and 29 of this Ordinance shall be the salary drawn by even Inspector, Sub-Inspector, Sergeant, or Constable, plus twenty per centum for headquarter reserve, leave, drill, sickness, c, and eight per centum for pension, and the certificate of the Inspector-General of Police shall be conclusive evidence of the correctness of all charges made in pursuance of this section.
Tax to be levied for maintenance of police.
31. For the purposes of creating a fund from which the expenses of the police payable by each town not created a Municipality are to be defrayed, a tax shall be payable on the thirty first day of March, on the thirtieth day of June, on the thirtieth day of September, and on the thirty-first day of December, in every year, for the quarter ending on the said days respectively, on all houses and buildings of every description, and on all lands and tenements whatsoever, within every such town, to an amount equal to such percentage on the bona fide annual value of such houses, buildings, lands, and tenements, as the Minister shall by Order from time to time appoint, except in cases where such amount shall fall below the sum of twenty-four cents per quarter, in all which excepted cases twenty-four cents per quarter shall be assessed and payable:
Provision for apportionment of expenses of police force between town and adjoining district.Provided that such tax shall not in the aggregate exceed the sum necessary for the maintenance of the force in such town, except as aforesaid, and which sum it shall be lawful for the Minister from time to time to determine and appoint;
Provided further that where the police force in any town is maintained for the joint purposes of such town and any adjoining district not included in the limits of such town such sum shall not exceed such fair proportion of the total amount necessary for the maintenance of the said force, as the Minister shall from time to time determine and appoint; Provided also that it shall be lawful and shall be deemed to have been at all times lawful to refrain in respect of any town from appointing any such percentage on the annual value; Provided further, that buildings appropriated to religious worship, and such as are placed in charge of military sentries, shall be exempted from the payment of such tax.
Meaning of "bona fide annual value".
32. For the purposes of section 31 the "bona fide annual value " of all houses, buildings, lands, and tenements, as a basis of rating, shall be the gross annual value without any deduction for expenses, repairs, or other expenses for maintenance or upkeep.
Minimum rates may be reduced in certain places from one rupee to fifty cents.
33. It shall be lawful for the Minister to reduce, in any place where a police force is now or may hereafter be stationed, the minimum rate payable to meet the expenses defrayable by the inhabitants of such place for maintenance of such police force, from the sum of one rupee yearly to fifty cents, if, owing to the poverty of the inhabitants or any other cause, such reduction shall appear to him reasonable. The rate, where such reduction is made, shall be assessed and made payable half-yearly, and not quarterly.
Power to appoint three or more assessors to assess the town, acting separately or collectively.
34. The assessment to be made in any town for the purposes of creating a fund for the maintenance of a police force therein shall be made by three or more persons appointed by the Government Agent with power to them to act separately or collectively as the Government Agent shall direct; and each person so appointed shall be entitled to receive such remuneration as the Minister may in his discretion award and shall have all the powers and authorities conferred by sections 36 and 37.
Time for of assessors
35. The assessors for the first year in which a police force is to be introduced in any town may be appointed before the introduction of such force, and every such assessor, when so appointed shall have and exercise all the powers and authorities conferred by sections 36 and 37 notwithstanding that this Ordinance shall not have been brought into operation in such town. For every year after the first, the assessors shall be appointed within such time before the commencement of each year as the Minister shall deem reasonable.
Mode of assessment
36.Such assessors shall without unnecessary delay after their appointment proceed to assessment.
Power to assessors to call for returns.
37. In order to enable the assessors to arrive at a fair valuation of any houses, buildings, or lands liable to the rate it shall be lawful for them to require the owner or occupier of such houses, buildings, or lands to furnish them with returns of the rent or annual value there of.Whoever refuses or fails to furnish such returns within one week from the day on which he shall have been required to do so, and whoever makes a false or incorrect return, shall be liable to a fine not exceeding fifty rupees.
Tax to be payable quarterly by owner.
38. The tax hereby imposed shall be payable quarterly, and shall be recovered in manner hereinafter provided from the owner or owners, or from any or either of the owners of the houses, buildings, lands, or tenements liable to such tax, and if any person in the occupation of any such house, building, land, or tenement so liable, and not being the owner or a joint owner thereof, shall refuse, upon application being made in that behalf, to inform the said assessors or any one of them, or the Government Agent or any person authorized by him to make such application, as to the correct name and residence of the owner or owners of the said house, building, land, or tenement, every such person shall be guilty of an offence, and be liable to a fine not exceeding fifty rupees.
Notice of assessment and demand of payment of tax to be served.
39. (1) The Government Agent shall, as soon as may be after the commencement of each year, cause to be served upon the owner or some joint owner of every house, building, land, or tenement liable to the payment of the tax imposed by this Ordinance, a notice of assessment, having subjoined thereto a demand of payment of the tax, as near as is material in the form A in the Schedule. Such notice shall be in the Sinhala and Tamil languages and shall be served either personally upon the party to whom it is addressed, or by leaving it with some member of his household, or by affixing it to some conspicuous part of the house, building, land, or ten men liable to the payment of such tax. (2) Such notice shall further intimate that written objections to the assessment will be received at a place stated in the notice within one month from the date of the service of the notice. (3) The Government Agent shall cause all objections so received to be registered in a book to be kept for this purpose, and shall give notice in writing to each objector of the day, time, and place when and whereat his objections will be investigated. (4) At the time and place so fixed the Government Agent shall investigate or cause to be investigated the objections, in presence of the objector (or an agent authorized by him in writing) if he shall appear, and if not, in his absence. The Government Agent may adjourn his investigation from time to time for reason able cause. (5) When any objection is disposed of by the Government Agent, he shall cause his decision to be notified to the objector, and the same shall be noted in the book of objections, and any necessary amendment shall be made in the assessment book. (6) Every assessment, against which no objection is made, shall be final for the year.
Person dissatisfied with assessment may institute action in appropriate court.
40. (1) If any person is aggrieved by the decision of the Government Agent with regard to the assessment of any house, building, land, or tenement, he may within one month of receiving the notification of the Government Agent's decision under the last preceding section institute an action objecting to such decision in the Primary Court having jurisdiction in the place where such house, building, land, or tenement is situate, if the amount of the rate or rates on the annual value of such house, building, land, or tenement does not exceed three hundred rupees, and in the District Court having such jurisdiction where such amount exceeds the sum of three hundred rupees. (2) Upon the trial of any action under this section, the plaintiff shall not be allowed to adduce evidence of any ground of objection which is not stated in his written objection to the Government Agent, except with the leave of the court and on such terms as to costs as the court may determine. (3) Every such court shall hear and determine such action according to the procedure prescribed for such court by the law for the time being in force regulating the hearing and determination of actions brought in such court, and the decision of such court shall in all cases be subject to appeal to the Court of Appeal. (4) Every such appeal shall be governed by the provisions of Chapter LVIII of the Civil Procedure Code, or by any enactment hereafter enacted, regulating the making of appeals to the Court of Appeal from any judgment, decree, or order of Primary Courts or District Courts. (5) Neither the institution of such action nor any appeal therein shall stay the levying of the whole or any part of such rate or rates, and the excess, if any, collected shall be returned according to the decision of such Primary Court or District Court if there be no appeal, or of the Court of Appeal in case of appeal.
Proceedings if tax not duly paid.
41. If any person shall not pay the tax due by him under this Ordinance as soon as the same is due, either into the office of the Government Agent or to some collector authorized by the Government Agent, by writing under his hand, to collect and receive the same upon demand made by such collector, it shall be lawful for the Government Agent, and he is hereby thereunto authorized and required, for non-payment of such tax to seize any property whatsoever belonging to the person by whom such tax is due, where so ever the same may be found within the district of such Government Agent, and also to seize any movable property, to whomsoever the same may belong, which shall be found in or upon any house, building, land, or tenement for which such tax shall be due ; and if the amount due on account of such tax, together with the costs and charges payable by virtue of section 50, shall not be sooner paid or tendered to such Government Agent, to sell the property so seized by public auction at any time not less than ten nor more than thirty days from the time of such seizure. It shall be lawful for the Government Agent or any Assistant Government Agent to authorize any person specially in writing to seize and sell property as herein provided for.
Property may not be seized for arrears of tax beyond two quarters except in certain cases.
42. It shall not be lawful for the Government Agent to seize any movable property which may be found in or upon any house, building, land, or tenement in respect of which such tax shall be due, for any arrears of tax due beyond two quarters next preceding such seizure, unless such movable property shall belong to any person who was the owner or a joint owner of the said house, building, land, or tenement at the time the arrears beyond such two quarters accrued and became due ; or unless such movable property shall belong to any person who shall have occupied the said house, building, land, or tenement at the time when the said last-mentioned arrears accrued and became due.
Order to be observed in seizing and selling property for recovery of tax.
43. Whenever it shall be necessary to seize and sell the property of any person making default in the payment of the said tax it shall be the duty of the officer authorized by this Ordinance to seize and sell the property to observe the order prescribed in sections 44, 45, 46 and 47 in carrying out such seizure and sale.
Movables of defaulter wherever found, and of any person in the premises for which tax is due may be seized and sold.
44. The movable property of the defaulter, where so ever the same may be found, sufficient in the opinion of the officer seizing and selling the property to cover the amount of the tax due and the charges incurred in the recovery of the same may be seized and sold :
Property of others may not be seized for arrears of tax beyond two quarters. Exceptions. Provided that any movable property, to whomsoever the same may belong, which shall be found in or upon any house, building, land, or tenement for which such tax shall be due, may be seized and sold. But it shall not be lawful to seize any movable property which may be found in or upon any house, building, land, or tenement in respect of which such tax shall be due, for any arrears of tax due beyond two quarters next preceding such seizure, unless such movable property shall belong to any person who was the owner or a joint owner of the said house, building, land, or tenement at the time the arrears beyond such two quarters accrued and became due; or unless such movable property shall belong to any person who shall have occupied the said house, building, land, or tenement at the time when the said last-mentioned arrears accrued and became due.
Sale of rents and profits.
45. Failing such movable property, may be seized and sold the rents and profits of the house, building, land, or tenement for which such tax shall be due, for a term sufficient, in the opinion of the officer seizing and selling the property, to cover the amount of the tax due and the charges incurred in the recovery of the same.
Sale of building materials and timber.
46. Failing such rents and profits, may be seized and sold the materials of any house or building standing on the land for which such tax shall be due, and the timber growing thereon, sufficient, in the opinion of the officer seizing and selling the property, to cover such tax and the charges as aforesaid. And the purchaser of such materials or timber shall be entitled to pull down or cut and remove the same within the time allowed him for that purpose by the officer carrying out such seizure and sale.
Sale of premises on which tax is due or a portion there of.
47. Failing such building materials and timber, may be seized and sold the house, building, land, or tenement for which such tax shall be due ; or, if a portion thereof, sufficient to cover such tax and the charges as aforesaid, can, in the opinion of the officer seizing and selling the property, be conveniently separated from the rest, such portion only.
Officers not liable for failure to observe order of seizure and sale.
48. No officer shall be liable in damages by reason of his not duly observing such order, unless the person claiming such damages shall establish to the satisfaction of the court that the defaulter, or some person on his behalf, pointed out to such officer, at the time he was making the seizure of such defaulter's property, free and unclaimed property sufficient to cover the amount of the tax or commutation, and charges as aforesaid, which was liable to seizure, in the first instance, according to the order hereby established, but which such officer nevertheless failed to seize.
Property seized may be removed or a person placed in possession.
49. Any movable property seized as aforesaid may be removed by the Government Agent for safe custody, pending the sale thereof, to such place as he may think fit; and in case of the seizure of immovable property, or of any property which cannot be conveniently removed, such Government Agent may place and keep a person in possession thereof pending such sale,
Costs of seizure, &c.
50. It shall be lawful for the Government Agent to demand, take, and receive from the person by whom the tax is due, or from the owner or any joint owner of any property which may be lawfully seized for non-payment of such tax, the several sums of money mentioned in the following table; that is to say : Table of Charges incurred in the Recovery of Tax (a) for cost of proceeding to the house or land of the party in default, in order to seize property, a charge not exceeding four cents for every fifty cents of tax due; (b) for removal of the goods seized, in case such removal takes place, a charge not exceeding four cents for every fifty cents of tax due ; (c) for keeping the same in safe custody in case of such detention, a charge not exceeding four cents per day; (d) for keeping a person in possession in case of a seizure of immovable property, or if the goods seized are not removed, a charge not exceeding fifty cents per day ; (e) for the expenses of sale, where any takes place, a charge not exceeding twenty- four cents on every ten rupees of the net produce of the sale.
Tenant paying tax to avoid seizure of his property may deduct it from his rent.
52. It shall be lawful for the occupant of any house, building, land, or tenement, not being the owner or joint owner thereof, whose property shall have been seized as aforesaid, or who, to avoid such seizure, or after seizure to avoid a sale of such property, shall have paid the amount of tax due in respect of such house, building, land, or tenement, and the costs demandable by virtue of this Ordinance, to deduct the amount paid by him from the first payment of rent due by him on account of the said house, building, land, or tenement to the owner or owners thereof, and the receipt of the Government Agent for the amount so paid shall be deemed an acquaintance in full for the like amount of rent: Provided always that nothing herein contained shall authorize any such deduction from his rent by any occupant who, by the terms of his lease or other agreement, was himself bound and liable to pay such tax.
After to payment of the tax and of the tax and charges, over plus accruing from sale be restored to the owner of the property.
53. In the event of a sale of property seized, the Government Agent shall, after deducting the amount due on account of such tax, and also the costs and charges payable by virtue of section 50 (which said costs and charges the Government Agent is hereby authorized to retain), restore the over plus arising from such sale, if any there be, to the owner or to some joint owner of the property sold; and the Government Agent shall, upon application in that behalf, grant a receipt for the amount of the tax recovered, and of such costs and charges, to the owner or joint owner of such property.
Certificate of sale.
54. If land or other immovable property be sold for non-payment of tax, a certificate substantially in form B in the Schedule, signed by the Government Agent, shall be sufficient to vest the property in the purchaser, any law or custom to the contrary notwithstanding.Such certificate shall be liable to the stamp duty fixed on conveyances of immovable property, and to any registration or other charges authorized by law, such duty and charges being payable by the purchaser.
The Inspector-General of Police may-make rules for police.
55. The Inspector-General of Police may from time to time, subject always to the approbation of the said Minister, frame orders and regulations for the observance of the police officers who shall be placed under his control as aforesaid, and also for the general government of such persons, as to their places of residence, classification, rank, and particular services, as well as their distribution and inspection, and all such orders and regulations relative to the said police force as he may deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of its duties ; and every police officer who shall neglect or violate any such orders or regulations, or any duty imposed upon him by this or any other enactment, shall be guilty of an offence, and be liable to any fine not exceeding fifty rupees (which fine or any part thereof may be deducted from any salary then or at any time thereafter due to such offender), or to imprisonment with or without hard labour for any period not exceeding one month.
DUTIES AND LIABILITIES OF POLICE OFFICERS
Duties of police officers.
56. Every police officer shall for all purposes in this Ordinance contained be considered to be always on duty, and shall have the powers of a police officer in every part of Sri Lanka, It shall be his duty (a) to use his best endeavours and ability to prevent all crimes, offences, and public nuisances ; (b) to preserve the peace ; (c) to apprehend disorderly and suspicious characters ; (d) to detect and bring offenders to justice ; (e) to collect and communicate intelligence affecting the public peace ; and (f) promptly to obey and execute all orders and warrants lawfully issued and directed to him by any competent authority.
Police officers to have authority to execute warrants in all parts of Sri Lanka.
57. Every police officer to whom any description of warrant shall have been addressed for execution is hereby authorized and empowered to execute any such warrant in any and every part of Sri Lanka as well as in any town, rural district, or place other than large towns or rural districts, in which a police force shall under the provisions of this Ordinance have been established, anything in this Ordinance to the contrary notwithstanding: Provided, however, that nothing in this section shall justify any police officer executing any warrant or process illegally issued or entrusted to him for service, or shall relieve him from any penalty or liability incurred in respect of the execution of any warrant improperly or illegally issued, or in respect of any neglect of duty or abuse of the powers hereby conferred.
Police officers to act in ports of Sri Lanka.
58. Every police officer empowered to act as such within any town or place adjacent to any port shall within such port have all such powers, protections, and privileges, and be liable to all such duties and responsibilities as by law he has and is liable to within such town or place.
Minister may make rules.
59. It shall be lawful for the Minister, from time to time to make, and when made to revoke, alter, or amend rules (a) for regulating the number, distribution, and particular service of the several officers who shall be on duty in any port, and the number and description of boats to be provided for their service ; (b) for determining at what times and in what rotation the police boats shall be employed in rowing guard in the said port; (c) for promoting the general efficiency of the police within the said port, and for preventing neglect or abuse in the discharge of their duties.
Police officers to obey lawful orders of Ports Authority and customs officer.
60. Every police officer, when acting as such within any port, shall obey and execute any lawful order which may be issued to him by the (See Section 86(2) of the Sri Lanka Ports Authority Act, No. 51 of 1979.)Ports Authority or the principal officer of customs of such port in all matters relating thereto, and to offences and offenders therein. Penalties.
61. Any police officer committing a breach of any rule made under section 59, or refusing to obey or execute any lawful order issued to him under section 60, shall be guilty of an offence, and shall be liable to a fine not exceeding fifty rupees, or to simple imprisonment for a term not exceeding three months. Meaning of "port".
62.In sections 58, 59 and 60, unless the context otherwise requires "port" includes all harbours, roadsteads, and places of anchorage in Sri Lanka; and where the limits of any port have been or may hereafter be defined by the Minister under section 2 of the Master Attendant Ordinance(See Section 86(2) of the Sri Lanka Ports Authority Act, No. 51 of 1979.), those limits shall be taken to apply to such port for the purpose of the said sections.
Certain duties of police officers.
Obstructions and nuisances on roads.
63. Any person who in any street or road, thoroughfare, or passage, within the limits of any town, commits any of the following offences, shall be liable to a fine not exceeding fifty rupees, or to imprisonment not exceeding three months, and it shall be lawful for any police officer to take into custody without a warrant any person who within his view commits any such offence:
Slaughtering cattle, furious riding, c.
Cruelty to animals.Obstructing passengers.
(a) any person who shall slaughter any cattle, or clean any carcase in the streets ; (b) any person riding any cattle carelessly, recklessly, and furiously, or training or breaking any horse or other cattle on or near any public road, to the danger of the passers by ; (c) any person who wantonly or cruelly beats, abuses, or tortures any animal; (d) any person who shall keep any cattle or conveyance of any kind in any road or street longer than is required for loading or unloading goods, or for taking up or setting down passengers; (e) any person who shall leave any cattle or conveyance in such a manner as to cause inconvenience or danger to the public ;
Exposing goods on roads.Throwing dirt into street.
(f) any person exposing any article or thing on the roads or streets, and which may obstruct passengers or frighten horses ; (g)any person who throws or lays down any dirt, filth, rubbish, or any stones or building materials; (h) any person who constructs any cow sheds, stable, or the like, within the bounds of any thoroughfare ; (i) any person who causes any offensive matter to run from any house,factory, dung heap, or the like, into the street;
Indecent exposure of person.
(j) any person who wilfully and indecently exposes his person or any offensive deformity or disease;
(k) any person who commits nuisance (i) by easing himself in or by the side of or near any public street or thoroughfare ; or (ii) by bathing or washing in any place not set apart for that purpose;
Neglect to protect dangerous places. (l) any person who neglects to fence in or duly to protect any well, tank, or other dangerous place or structure; Driving cart, c, without lanterns. (m) any person who drives or leads any conveyance or cart after dark and before daylight without lighted lanterns. Power of police to seize straying cattle, &c.
64. (1) It shall be lawful for any police officer to seize any ox, horse, sheep, goat, or other animal which he may find tied, tethered, straying, improperly driven, or tended upon any thoroughfare, or upon any line of railway, or upon any land appertaining thereto, or to cause the same to be seized, unless such animal shall belong to any cart to which it is tied or tethered whilst the same is being loaded or unloaded.
(2) Every such animal seized as aforesaid shall be delivered into the custody of an officer of police in charge of the nearest police station, and every such officer receiving such animal shall forthwith report such seizure to the proper Magistrate's Court, and such court shall, if at the time of such report no claim be made to such animal, direct the officer to take the necessary steps for the safe custody and maintenance of such animal, and to publish such seizure by affixing a notice thereof in some conspicuous place at the police station and at the Magistrate's Court to which such seizure was reported.
Persons arrested without warrant to be taken to police station until brought before Magistrate or bailed.
65. Every person taken into custody by any police officer without warrant (except persons detained for the mere purpose of ascertaining their name and residence) shall forthwith be delivered into the custody of the officer in charge of a station in order that such person may be secured until he can be brought before a Magistrate to be dealt with according to law, or may give bail for his appearance before a Magistrate, if the officer in charge shall deem it prudent to take bail as hereinafter mentioned:
Provided always that where bail is not taken, the prisoner shall be brought before a Magistrate within twenty-four hours, unless circumstances render delay unavoidable.