Volume VIII
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Arrangement of Sections

1. Short title.

2. Interpretation.

3. Wells and pits to be fenced.

4. Fences to be efficiently maintained.

5. Minister may make rules.

6. Rules made by Minister may be altered or amended.

7. Purposes for which rules may be made.

8. Government Agent or Assistant Government Agent may appoint inspectors of wells and pits within their respective districts.

9. Inspector may give notice requiring that wells and pits should be fenced and fences repaired.

10. Occupiers failing to fence or repair when required, to be liable to costs of the same being carried out.

11. Procedure when proprietor cannot be found.

12. State may purchase land sold under this Ordinance.

13. Penalties for breaches of Ordinance or rules framed under it.

14. Occupier who feels aggrieved with any requisition may appeal to the Minister.

15. Occupier may deduct cost of fence or repair thereof from rent, if any due to proprietor or may sue proprietor for amount.

16. Mayor or Chairman of Municipal Councils and Urban or Town Councils to exercise powers of Government Agent under this Ordinance.

17. This Ordinance not to affect section 89 of the Police Ordinance.


27of 1884,

11 of 1921,

26 of 1934,

61 of 1939,

3 of 1946.

AN ORDINANCE to provide against accidents arising by reason of Wells and Artificial Pits being in sufficiency fenced round or otherwise protected.

[Date of Commencement: 29th November, 1884]

1. Short title.

This Ordinance may be cited as the Wells and Pits Ordinance.

2. Interpretation.

The expression "occupier” means the person in the actual occupation of the land on which any well or artificial pit may be, whether such person is or is not the proprietor of the land, and if there be no one in actual occupation of such land, then the proprietor of such land if in Sri Lanka, and if absent from Sri Lanka, then the duly authorised agent or attorney of such proprietor.

3. Wells and pits to be fenced.

The occupier of any land within Sri Lanka on which there may now or at any time hereafter be any well or artificial pit shall, whether he shall have received any such notice as is provided for in Section 9 of this Ordinance or not, and whether the said well or artificial pit be in use or abandoned, cause the said well or artificial pit to be securely fenced to the height of two and a half feet above the level of the ground, unless any such well or artificial pit shall be so securely fenced already.

4. Fences to be efficiently maintained.

All such fencing shall be maintained in an efficient state by the occupier of the premises for the time being.

5. Minister may make rules.

It shall be lawful for the Minister, from time to time, to make any rule or rules for each of the purposes hereinafter mentioned, and from time to time to add to, alter, amend, or abolish any rule or rules so made.

6. Rules made by Minister may be altered or amended.

Any rule or rules so made, added to, altered, or amended shall be published, or if abolished notice thereof shall be given in the Gazette, and any such rule or rules shall come into operation, or shall stand abolished, as the case may be, on or from such date as shall be fixed by the Minister.

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