REGULATORY MAPPING: GUIDE BOOK ON LOCAL GOVERNMENT SERVICES MUNICIPAL COUNCILS VERSION ONE

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2 REGULATORY MAPPING: GUIDE BOOK ON LOCAL GOVERNMENT SERVICES MUNICIPAL COUNCILS VERSION ONE July, 2007

3 Copyright 2007 The Asia Foundation For reproductions of this publication please contact: 3 1/A Rajakeeya Mawatha Colombo 7, Sri Lanka Phone: Fax: All rights reserved Printed in Sri Lanka

4 iii Contents Contents Introduction iv Regulatory Mapping User Guide v 1. Assessment Tax Building Permits Butchers Licence Certificate of Conformity (C of C) Club License Entertainment Tax Environment Protection License Leasing of market stalls owned by the Municipal Council Permit for Advertisement Placed for the Attention of the Public Certificate of non- vesting Parking of Vehicles Permit for Subdivision and Development of Land Public Performance Licence Registration of Change of Owners of Land and Buildings Street line Certificates Trade Licence and Trade Tax Vehicle and Animal Tax Water Supply Miscellaneous Services by Municipal Councils

5 Regulatory Mapping: Municipal Councils iv Introduction This publication is intended to serve as a guide to clarify local government services provided by Municipal Councils. It provides a detailed outline of the legalities, eligibility, fees, application process, timeline and recourse available for a broad range of Council services. Individuals and businesses have found navigating the legal and procedural environment of Council services difficult and unclear at best. The results of a recent survey sponsored by The Asia Foundation indicated that information of this type was not readily available to the public in a simple and comprehensive manner. This Guidebook seeks to clarify step-by-step what is involved in obtaining a Building Permit, or the process of determining liability for and payment of Trade Tax, for example. It seeks to inform members of the public and business community about the services, authority, and responsibilities of Municipal Councils and their role in improving the conditions for economic growth and creating an enabling environment for small and medium enterprises to flourish in every Municipal Council area in Sri Lanka. The document was produced by the International Centre for Ethnic Studies (ICES) with guidance and technical support from The Asia Foundation. Financial support was also provided by the Australian Agency for International Development and the Department for International Development (UK).

6 v Regulatory Mapping User Guide Regulatory Mapping User Guide The different Interactions are set out in alphabetical order. Each section begins with a flow diagram that sets out in summary form the procedure/process. The substantive description that follows gives in detail the process under consideration. Every section begins with an Introduction that describes the purpose and context of the Interaction in question. This is followed by a short description of the Legal Authority for the interaction with specific reference to the acts and by-laws. The rest of the information contained in each section depends on the nature of the Interaction. For example, for Interactions such as assessment tax payment and licenses of various descriptions we have identified, under the caption Eligibility, who has to pay tax or obtain a license. In every case there is a step-by-step description of how to make an application or a request, to whom it should be submitted, what payments, if any, are required and the supporting information and documentation that the application must contain. In some Interactions disputes can arise between the applicant and the local authority. In such cases we have also described the dispute resolution procedure. In general there is no overall time specification for the Interactions that have been specified in this publication, except for a few Interactions e.g. assessment tax payments. In general there is also a time limit specified for a tax payer or an applicant to make an appeal when a decision of the local authority is disputed. For most Interactions the local authority provides a standard form to obtain information from the members of the public. In general these forms are most readily available in Sinhala. It should be noted that these forms are not standardized on a national basis for all local authorities and could vary. The last section of the publication has a section titled Miscellaneous Services that describes in brief various services that the local authority provides to the citizenry.

7 Regulatory Mapping: Municipal Councils vi ye kaùu fuu m%ldykfha uq,sl wruqk jkqfha uy k.r ind j,ska imhk fiajdjka ms<sn ck;dj oekqj;a lsíuhs' fuys tu ls%hdms<sfj;a j, ks;suh Ndjh" fhda.h;djh" wod,.dia;+ka" wh ï lsífï ls%hd ms<sfj;" ld, rduqj iy uy k.r indfõ úúodldr fiajdjka j, wdodrh,nd.eksug we;s bvlv ms<sn iúia;rd;aulj meyeè,s lr we;' jhdmdßlhka iy m%cdjg uy k.r indfõ fndfyduhla l%shdj,shka j, ks;suh iy ls%hd ms<sfj;a ms<sn meyeè,s wjfndaohla fkdue;' wdishdkq moku úiska ue;l wkq.%yh olajk,o iólaik j,ska t,sorõ jqfha fuu l%shd ms<sfj;a ms<sn f;dr;=re uyck;djg f;areï.eksug myiq wdldrhg,nd.eksug fkdyels njhs' fuu Wmfoia ud,dfjys f.dvke.s,s wjirm;a,nd.eksu" fj< nÿ ;SrKh lsíu hkd iy wfkl=;a l%shdj,shka j,g wod, jk l%shdjka ms<sn iúia;rd;aulj i yka lr we;' fuu Wmfoia ud,dj u.ska uy k.r indfjka imhk fiajdjka" tys n,h" iy j.lsu ms<sn jhdmdßl m%cdj iy uyck;dj oekqj;a lsíug woyia flfrhs' tfiau" m%foayfha wd¾ól ixj¾okh ÈhqKq lsíug;a l=vd iy uohu mßudk l¾udka; j, ;;ajh kõd isgqùu i yd wjyh jk j;djrkh ilia lsíu i yd;a uyk.r indj i;= ld¾hndrh ms<sn oekqj;a flf¾' wdishdkq mokfï Wmfoia iy ;dlaik iyh u;" ckjd¾.sl wohhkh i yd jq wka;¾cd;sl flakaøh (ICES) u.ska fuu m%ldykh ilia lrk, ' fï i yd uq,h wkq.%yh olajd we;af;a wka;¾cd;sl ixj¾okh ms<sn iafü%,shdkq ksfhdað;dh;kh (AusAid) iy ì%;dkhfha wka;¾cd;sl ixj¾okh ms<sn fomd¾;fïka;=j (DfID) úisks'

8 vii Regulatory Mapping User Guide kshduk ^md,l& is;shï ^wkqremk& - Ndú;d lrkakkag Wmfoia ieu l%shd ms<sfj;lau bx.%sis fydaäfha wldrdèh wkqj fm<.iajd we;' ieu fldgilau" wod, l%shdj,sfha $ l%shdms<sfjf;a idrdxyhla oelafjk rem rduqjlska wdrïn flf¾' tu l%shdj,sfhau $ l%shdms<sfjf;au mq¾k úia;rhlao thg miqj wuqkd we;' ieu wxyhlau mgka.kafka" tu wod, l%shdldrlfuys wruqk iy wka;¾.;h ms<sn úia;rhlao iuõh' thg miqj ta tla tla wod, l%shdj,shg n,mdk jhjia:d iy w;=re ks;s ms<sn j i yka flfrk úia;rhla wuqkd we;' tla tla wod, l%shdmámdáhg wkqj wfkl=;a f;dr;=re fm<.iajd we;' WodyrKhla jyfhka" nÿ f.jqï iy wjirm;a.eksfï l%shdj,shkays" tunÿ f.úh hq;= iy" wjirm;a,nd.; hq;= wjia:djka iy mqoa.,hka y kajd we;' yeu ld¾hhla i ydu" wh ïm;%h ilia lr.kakd wdldrh" th fhduq l, hq;= md¾yjh".dia;= f.úh hq;= kï ta ms<sn úia;r" iy wfkl=;a f;dr;=re ms<sn j mshjfrka mshjrg fm<.iajd we;' iuyr wjia:djkays wh ï lrkakd iy m<d;a md,k wdh;kh w;r hï u;fnao we;súh yel' tjka wjia:dj, j, m%fhdackh i yd u;fnao ksrdlrkh lsífï l%shd ms<sfj; y kajd we;' idudkhfhka tla l%shdj,shlg fldmuk ld,fõ,djla.; hq;=o hkak fuys ;SrKh lr ke;' kuq;a" iuyr l%shdjka j,g" Wod(- nÿ f.ùï i yd ld, rduqj ks¾kh lr we;' idudkhfhka" wh ïlrkakdg wnshdpkd lsíu i yd.;úh hq;= ld, rduqj fmkajd we;' ieu ld¾hhlau i ydu jdf.a uyck;djf.ka f;dr;=re,nd.eksu i yd m<d;a md,k wdh;kh úiska fmdaruhla ms<sfh, lr we;' fuys wvx.= lr we;s fmdaruhkaf.ka jeä m%udkhla isxy, NdIdfjkao,nd.; yel' Èjhsfka ieu m<d;a md,k wdh;khlu l%shdj,ska úúodldr úh yels neúka" uq Èjhskgu n,mdk tla rduqjl isg fïjd ilia lr fkdue;s nj ie,lsh hq;=h' wjidk fldgfiys " m<d;a md,k wdh;khka u.ska m%cdj i yd bgq flfrk úúodldr fiajdjka ms<sn flá ye kaùula lr we;'

9 Regulatory Mapping: Municipal Councils viii KfTiu,e;jg; gjpg;ghdj khefu rigfspdhy; toq;fg;glfpd;w cs;suhl;rp Nritfis njsptglj;jfpd;w xu topfhl;bahfr; nraw;gltijf; fujfpd;wj.,j gue;j cs;suhl;rp kd;w nraw;ghlfsf;fhd tpupthd tpguq;fisf; nfhz;l rl;lkiwikfs>; jfjpailik> fl;lzq;fs>; tpz;zg;gpf;fk; nrad;kiw> fhy mst> fpilf;fpd;w tsq;fs; vd;gdtw;iw toq;ffpd;wj. jdpahl;;fsk; thj;jf epwtdq;fsk; cs;suhl;rp Nritfspd; rl;l nrad;kiwr; #oiy rupahfg; gpd;gw;wtjpy; rpf;fiyak; njsptpd;ikiaak; ciladthff; fhzg;gl;ls;sd. mz;ikapy; Mrpah epiyaj;jpd; mdruidald; elj;jg;gl;l Ma;T KbTfspd; gb,j rk;ge;jkhd jfty;fs; kf;fsf;f kpf,yfthf tpsq;fpf; nfhs;sf;$batifapy; fpilf;fg; ngwhik Rl;bf;fhl;lg;gl;Ls;sJ.,e;j topf;fhl;bahdj xu fl;ll mdkjpg;gj;jpuj;ijg; ngwtjpy; vj rk;ge;jg; gl;ls;sj. my;yj tu;j;jftupf;nfhlg;gdit jpu;khdpf;fk; nrad; Kiw vd;gd gw;wp Muha;fpd;wJ cjhuzkhf khefu rigfspd; Nritfs; mjpfhuk; nghwg;gf;fs; kw;wk;,yq;ifapy; cs;s xt;nthu khefu rigapdjk; nghushjhu tshr;rpia va;jtk; rpwpa kw;wk; elj;ju ifj;njhopy;fs; tshr;rpailaf; $ba xu rhjfkhd #oiy cuthf;fk; khefu rigf;fs;s nghwg;gf;fisak;,e;j topfhl;b Muha;fpd;wJ.,e;j Mtdk;,df;fw;iffSf;fhd rhtnjr epwtdj;jhy; (ICES) Mrpah epiyaj;jpd; topfhl;ljyldk; njhopel;g MjuTlDk; jahupf;fg;gl;lj.,jw;fhd epjpajtp rhtnjr mgptpuj;jpf;fhd mt];jpnuypa KftH mikg;ghyk; rhtnjr mgptpuj;jpf;fhd jpizf;fsj;jpdhyk; (UK) toq;fg;gl;lj.

10 ix Regulatory Mapping User Guide rpuhf;fy; tiuglk; - gad;glj;jdh topfhl;b gy;ntw gu];gu nraw;ghlfsk; mfutupirg;gb cs;sj. xt;nthu gfjpak; nrad; Kiwapd; rhuk;rj;jldhd tiuglj;jld; njhlq;ffpd;wj. mlj;jjhf cs;s cz;ikahd tptuzk; guprpyidapy; cs;s nrad;kiwia kpftk; tpupthf mspf;fpd;wj. xt;nthu gfjpak; mjdj Nehf;fj;jpidAk; cs;slf;fj;jpd; tpguq;fis tpdh KiwapYk; tpgupf;fpd;w xu Kd;DiuAlNdNa njhlq;ffpd;wj.,jidj; njhlu;e;j rl;l mjpfhuj;jpd; cila xu RUf;fkhd tpguzkk; Fwpg;gl;l rl;l> Jizr;rl;lq;fspd; crhj;jizf;fhf cs;sj. Xt;nthU gfjpapyk; cs;s kpjpj; jfty;fs; gu];gu nraw;ghlfspd; #oiyg; nghwj;jj. cjhuzkhf nraw;ghlfshd kjpg;gpl;ltupf; nfhlg;gdt gy;ntwgl;ldtw;wpd; mdkjpg;gj;jpuq;fsf;f ehq;fs; 'jifik" vd;w jiyg;gpd; fpo; milahsq; fz;l,uf;fpd;nwhk.; jifikapd; fpo; xutu; tup nryj;j Ntz;bNah my;yj mdkjpg; gj;jpuk; ngw Ntz;bNah cs;sj xt;nthu tplaj;jpyk; xu tpz;zg;gj;ij my;yj Ntz;LNfhis vt;thw nra;tj ahuf;f mj rku;g;gpf;fg;gly; Ntz;Lk>; vd;d nfhlg;gdtfs; toq;fg;gl Ntz;Lk;> NkYk; VjhtJ Njitg;gl;lhy; tpz;zg;gbtk; nfhz;buf;fk; mtrpakhd jfty;fs; Mtzq;fs; vd;gd Nghd;w tpguq;fis me;j tpz;zg;gk; fl;lhak; nfhz;buf;fk;. rpy tplaq;fspy; gpzf;ffs; tpz;zg;gjhupf;fk; cs;suhl;rprigf;fkpilapy; vof;$lk; mt;thwhd tplaq;fspy; ehq;fs; gpur;rpidj; jpu;t nrad;kiwiag; gw;wp tpgupj;jpuf;fpd;nwhk;. nghjthf,g;gjpg;gpy; Fwpg;ghfr; nrhy;yg;gl;buf;fk; nraw;ghlfsf;f (rpy tplaq;fisj; jtpu> cjhuzkhf kjpg;gpl;ltupf; nfhlg;gdtfs;) fhy tiuaiw,y;iy. nghjthf cs;suhl;rp rigapd; jpu;khdj;jld; Kuz;gLfpd;w NghJ tuptpjpg;ghsu; my;yj tpz;zg;gjhupf;f Nkd; KiwaPL nra;a Fwpg;gpl;l fhy tiuaiw cz;l. nguk;ghyhd nraw;ghlfsf;f cs;suhl;rp rig cupa epakq;fsldhd tpz;zg;gj;ij nghjkf;fsplk;,ue;j jfty;fisg; ngwtjw;f toq;ffpd;wj.nghjthf,e;jg; gbtq;fs; rpq;fs nkhopapnyna fpilf;fpd;wj,e;jg; gbtq;fs; Njrpa mstpy; vy;yh cs;suhl;rp rigfisak; NtWgLj;Jfpd;w mstpy; cupa epakq;fisf; nfhz;buf;ftpy;iy vd;gj Fwpg;gplg;glNtz;baJ. gjpg;gpd;,wjpg;gfjp ehdhtpj Nritfs vdj; jiyg;gplg;gl;buf;fpd;wj mjpy; cs;suhl;rp rigfs; Fbkf;fSf;F Mw;Wfpd;w gy;ntw NritfSk; RUf;fkhfr; nrhy;yg;gl;buf;fpd;wj.

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12 Assessment Tax Overview Introduction Legal Authority Eligibility Notice of Assessment Tax If the amount of the tax set out in the notice is accepted by the taxpayer the following steps should be followed If the assessment set out in the notice is disputed by the taxpayer the following steps should be followed If the taxpayer opposes this decision too, he/she is entitled under section 236 of the Municipal Council Ordinance to seek legal redress. Accordingly he/she can Where payment has been defaulted, following steps can be taken against the rate payer by the Municipal Council under Section 252 of the Municipal Council Ordinance...6

13 2 REGULATORY MAPPING: MUNICIPAL COUNCILS Assessment Tax - Overview Assessment Notice Pay Object Default of payment A receipt in triplicate from the Assessment Clerk Payment to cashier, original copy with signature & seal to rate payer Municipal Commissioner Inquiry Decision List of defaulters prepared by revenue branch Municipal Commissioner Issues a warrant to Revenue Inspector to restrain Accept (Partial refund may be granted) Issue forwarded to Courts Red notice issued by Revenue Inspector to defaulter If the amount is more than Rs.1500/= To the District Court If the amount is less than Rs.1500/= To the Primary Court Pay Ignore the notice Seizure of movables Appeal to courts Opportunity to redeem movables by payment Pay and redeem movables The movables are auctioned

14 Assessment Tax 3 Assessment Tax 1. Introduction All land and buildings within Municipal Council limits have to be registered in the Municipal Council Assessment Registry and the assessment tax is calculated on the annual value of all such buildings and land. This is a tax which is charged as a percentage of the Annual Assessment value of land and buildings. It varies according to the services and facilities in each area and the percentage to be charged is first decided by the council and then approved by the Minister (in charge of the subject of local government: at present the Provincial Council Minister). Buildings and land that are used for commercial purposes are charged a higher percentage. 2. Legal Authority Section , 251,252 and 254,256, 262, 266 A of the Municipal Councils Ordinance (Chapter 252) provides the legal authority to the Municipal Councils to charge assessment tax. 3. Eligibility i. Being the Occupant of land or building under any of the following categories; Owner of immovable property within a Municipal Council limit. Lease holder of a house, building, or land situated within a particular Municipal Council limit Tenant of a house within the Municipal Council Limits Leaseholder of a house, building or land owned by the state, which is situated within the Municipal Council limits Joint owner (co-owner) of immovable property within the Municipal Council limits 4. Notice of Assessment Tax i. will issue a notice under the provisions of the Municipal Councils Ordinance Section 235 before the 31 st of December of a preceding year stipulating the assessment tax to be paid for the ensuing year. This notice will be handed over to the occupant of the property. Affixing it on the property is also considered a form of handing over the notice. ii. The assessment notice should be in Sinhala, English and Tamil Languages. iii. This notice includes the following; Name of the owner Assessment number Name of the street on which property is located Annual Value

15 4 REGULATORY MAPPING: MUNICIPAL COUNCILS Quarterly payment Due date of payment Discount for paying before the due date Time period for submission of Objections to assessment Details about a warrant cost if the payment is not made on time. 5. If the amount of the tax set out in the notice is accepted by the taxpayer the following steps should be followed Before the 31 st of December of the preceding year Assessment Notice is Received A receipt (in triplicate/duplicate) for the payment should be obtained. This form will set out the amount being paid, whether for a quarter/s or a whole year Tax is paid. An original receipt sealed Received and/or with the signature of the cashier will be issued acknowledging payment the Server appointed by the Relevant Clerk Shroff Shroff Assessment Note: Assessment tax may be paid per quarter or for the whole year. If the amount for the whole year is paid in the first month of the relevant year a 10% discount is provided. If the amount for the quarter is paid in the first month of that quarter a 5% discount is provided. 6. If the assessment set out in the notice is disputed by the taxpayer the following steps should be followed Before the 31 st of December of the preceding year Assessment Notice is Received A written objection should be submitted Within 30 days of receiving the notice Server appointed by the or an Officer deputed by him/her

16 Assessment Tax 5 Acknowledgment of the The Municipal receipt of the objection Commissioner or an Officer deputed by him/her The Objection is registered Chief Assessment Clerk in the Objection Book of the Municipal Council The person making the objection will be notified in writing to attend the inquiry into the objection. Date, place and time of the inquiry will be notified An Inquiry will be held Within 3 months of the With the participation of complaint being handed the Officers of the over. Valuation Department and The decision of the inquiry will be notified in writing to person making the objection Decision of the Inquiry is entered in the Objection Book If decision is made to reduce the tax, Assessment Registry should be amended accordingly the Municipal Council Municipal Accountant Note: This written objection should include all arguments against the assessment, because if the person making the complaint has to seek legal redress through Court of Law, no new arguments can be brought when the case against the assessment is in progress. 7. If the taxpayer opposes this decision too, he/she is entitled under section 236 of the Municipal Council Ordinance to seek legal redress. Accordingly he/she can File a case if the tax Primary Court imposed based on the annual value of the property is less than rupees 1500/=

17 6 REGULATORY MAPPING: MUNICIPAL COUNCILS File a case if the tax District Court imposed based on the annual value of the property is more than rupees 1500/= An appeal can be made Court of Appeal against the ruling of either court. Final Ruling given by the Courts is binding on all parties Note: It should be noted that paying the assessment tax cannot be delayed because of a court case or an objection against the assessment. Person making the complaint should pay the assessment tax and once the verdict is delivered in favour of the person making the complaint, the excess payment will be refunded. 8. Where payment has been defaulted, following steps can be taken against the rate payer by the Municipal Council under Section 252 of the Municipal Council Ordinance Before the 31 st of December of the preceding year Assessment Notice is Received When the payment is defaulted, at the end of every quarter a surcharge (warrant cost) of 15% for bare lands and residential property, 20% for properties other than bare lands and residential property will be charged If the payment is still defaulted a list of defaulters is prepared and Warrants of Distress issued to the relevant Revenue Inspector Warrant of Distress is valid for only 30 days, but can be extended from month to month Before 31 st March for the first quarter, before 30 June for the second quarter, before 30 th September for the third quarter and before 31 st December for the fourth quarter Server appointed by the Municipal Accountant

18 Assessment Tax 7 If payment is not made after the issue of Warrant of Distress, Final Notice is issued in the name of the owner of the property, but served on the occupier If payment is not made after issue of final notice, the immovable property and movable property within the land or premises is liable for seizure. Movable property does not necessarily need to be owned by the owner of the premises When the Immovable property is owned by the State, the movable property within the state property and the private immovable property owned by occupant can be seized If a house or building is closed when the seizing of property is to take place, the Municipal Council has the authority to break open the house or building during daytime to seize the property (Section 257 of the Municipal Councils Ordinance) 14 day after issue of the Final Notice The relevant Revenue Inspector Revenue Inspector Revenue Inspector Revenue Inspector

19 8 REGULATORY MAPPING: MUNICIPAL COUNCILS in less than 8 days Municipal Accountant if the value of the property is less than Rs. 10,000 within 24 days if the value of the property is above 10,000 After the seizure of property, it can be released after following payments are made by owner/occupant; Amount stated in the Final Notice 5 cents charged on every 50 cents paid as removal charge for property seized Rs. 75 is charged daily as a security fee for the protection of property seized If the owner of the seized property does not pay the due amount and obtain the release of the seized property they will be auctioned. (Section 252 and 255 of the Municipal Council Ordinance) A time period is provided to release the property before publishing the auction notice through a gazette notification or through a paper that is circulating within the Municipal Council limits If the property is not released during the above mentioned time period, they would be auctioned If the individual does not request the excess amount that is earned through the auction within 12 months after the auction, that amount will be credited to the Municipal fund in less than 8 days if the value of the property is less than Rs. 10,000 within 24 days if the value of the property is above 10,000 For property worth above Rs. 10,000, a 21 days time period For property worth less than Rs. 10,000, 6 day time period Revenue Inspector on the instruction of the or a Officer deputed by him/her Revenue Inspector on the instruction of the

20 Building Permits Overview Introduction Legal Authority Validity of a Building Permit Eligibility Fees Supporting Documents Application Process Procedures following registration of Application Renewal of a building permit If the application for the building permit is refused Legal Consequences of Non Compliance...16

21 10 REGULATORY MAPPING: MUNICIPAL COUNCILS Building Permits - Overview Obtain building application Submit completed application to the Works Engineer Processing fee is charged Application is registered Site inspections by Public Health Inspector and Technical Officer Not recommended by Public Health Inspector and Technical Officer Recommended by Public Health Inspector and Technical Officer Notifies the applicant Planning Committee Rectification of deficiencies Notifies the Authorities Approval issues the building permit Disapproval Appeal to Minister

22 BUILDING PERMITS 11 Building Permits 1. Introduction Municipal Council controls and regulates all building activities within the area of its authority. Therefore all persons engaging in building activities must obtain a permit from the relevant Municipal Council. 2. Legal Authority i. Section 3 and Part II A of the Urban Development Authority Act 41 of ii. Regulations enforced by the Minister under the Urban Development Authority Act in Gazette Number 392/9 of iii. Section 127 and 128 of the Municipal Council Ordinance(Chapter 252) 3. Validity of a Building Permit Building permit is valid for one year. According to regulation 10 (06) of Urban Development Authority Act 41 of 1978, the building permit can be extended for two years. 4. Eligibility 5. Fees i. Building activity should be situated within a Municipal Council area. ii. Should be either an owner of an immovable property or a lessee of an immovable property within the Municipal Council area limit. In either case the application should be signed by the owner. iii. The name of the person applying should be registered in the assessment tax registry of the Municipal Council. i. Application form for a fee of Rs. 250 (can differ between Municipal Councils) ii. Processing fees as follows, Floor area (square meters) Processing fee residential Commercial or other use Below Above

23 12 REGULATORY MAPPING: MUNICIPAL COUNCILS iii. If renewal of permit is requested, renewal fee decided by the Municipal Council will be charged. 6. Supporting Documents (Three copies each from the following documents should be submitted) i. Map that indicates land and roads adjoining the location where the building activity is to take place. ii. If land is subdivided, approved plan for sub-division drawn on the scale of not less than 1:4000 which indicates: geographical characteristics buildings in the area width of the roads in the area iii. Detailed plan of the proposed building drawn on the scale of not less than 1:1000 indicating: buildings that already exist street lines to be amended if any boundary of the land access roads parking areas iv. The notarial deed of the particular land in which the building activity is to take place. v. Plan drawn on the scale of 1:100 indicating each floor of the building (depending on the complexity of the building this can be drawn on the scale of 1:200). Aspects that should be included in the plan; The purpose of each room in the building and the width and length of each room. Doors, windows and other open areas within the building and their width and length Location of all toilets and latrine fittings and the drainage system Fire extinguisher (for Commercial buildings) Indication of electricity wires that runs across the land where the building is proposed. Walls, floor, roof, and the material used and the specification of materials used. Horizontal cross section of the building indicating the thickness of the walls, eaves, foundation, rafters, beams and other sections of the building. Height of each floor. The distance between the outer walls of the building and the boundary of the land in which the building is situated.

24 BUILDING PERMITS 13 If the Building is for a cinema hall or a theatre following additional information should be included in the plan; Plan drawn according to the rules and regulations of the Urban Development Authority Act A cross section of the drains that are to be established and their length Width of all the staircases and the number of staircases that exist in the building Width of the doors Height of the building Number of individuals to be seated in every section of the building and the space that is reserved to an individual with regard to the seating arrangement. Methods of fire prevention Methods of fire prevention with regard to film equipment Ventilation Indication of the entrance and exit vi. vii. Plan indicating the toilets and the sewage pits. If the land is a paddy land, the permit from the Agrarian Services Department giving permission to fill the land should also be submitted. Note: a) If the building is to be constructed by the side of a road under the purview of the Road Development Authority, consent has to be obtained from the Road Development Authority. b) Where the building is to be constructed on a river bank within 100 metres of the river, approval has to be obtained from the Mahaweli Development Authority. c) If buildings are to be constructed within the limits of the coast, approval has to obtained from the Coast Conservation Authority. 7. Application Process Purchase the application form for a fee of Rs 250/= Works Engineer (may differ between Municipal Councils) Section B2 is to be filled if the building is to be used for industrial purpose and Section B3 is to be filled if the building is to be used as a hotel

25 14 REGULATORY MAPPING: MUNICIPAL COUNCILS The completed application Works Engineer form should be submitted If the application form is not complete the applicant is asked to fill in the necessary information Works Engineer If the application is Building Clerk complete in all particulars, then a processing fee is charged Processing fee should be Shroff paid and a receipt will be issued Issue of receipt for the Shroff payment of fee is considered acknowledgement of receipt of application Registration of application Building Clerk takes place 8. Procedures following registration of Application Application is referred to the Assessment branch to report on ownership of the land Forward copies for recommendation by Technical Officer and the Public Health Inspector. A field inspection is carried out A report is forwarded. On receipt of the report by the Technical Officer, the building application is forwarded for approval By the Chief Assessment Clerk The section in charge of Building Permits Technical Officer and the Public Health Inspector Technical Officer and the Public Health Inspector Planning Committee

26 BUILDING PERMITS 15 If the approval is granted, the building permit is issued with a copy of the plan approved by the, to the applicant with terms and conditions imposed by the Municipal Council or an Officer deputed by him/her Note: if the name of the applicant is not registered in the assessment registry as the owner, the relevant changes have to be made before proceeding with the building application. 9. Renewal of a building permit Application in writing Works Engineer addressed to the Municipal Commissioner should be submitted giving reasons as to why the building was not completed on time A fee is charged Decided by the Municipal Council Renewal of the building permit for another year on the recommendation of the Works Engineer 10. If the application for the building permit is refused An appeal in writing can be handed over under Section 11 of regulations made under the Urban Development Authority Act 41 of 1978 The Minister in charge of the subject of Local Government

27 16 REGULATORY MAPPING: MUNICIPAL COUNCILS 11. Legal Consequences of Non Compliance Owner of the building is required to obtain a building permit where the illegally constructed building can be regularized In such a case the building permit will be issued after a penalty fee is charged In other circumstances legal action against owner of the illegally constructed building can be taken by filing a case in Magistrate s Courts under the recommendation of Planning Committee under the recommendation of Planning Committee under the recommendation of Planning Committee

28 Butchers License Overview Introduction Legal Authority Eligibility Fee Supporting Documents Application Process If all requirements mentioned in the Butcher s Ordinance are not met If there is any protest from the public Legal Consequences of non compliance...21

29 18 REGULATORY MAPPING: MUNICIPAL COUNCILS Butchers License - Overview Application in writing to the Municipal Commissioner Inspection by the Medical Officer of Health and Veterinary Surgeon Report by the Medical Officer of Health and Veterinary Surgeon All requirements met All requirements not met Municipal Commissioner places notice in the Gazette for objections No Objections Objections Permission granted Applicant keeps security deposit in the Municipal Council and signs agreement with the Municipal Council Inquiry held Decision notified to the applicant and the person making the objection Issued Butchers License

30 BUTCHERS LICENSE 19 Butchers License 1. Introduction All Slaughter houses and meat stalls within a particular Municipal Council must obtain a license issued by the. Note: In most cases meat stalls are annually auctioned by the Municipal Council. 2. Legal Authority 3. Eligibility i. Section 145, 146 of the Municipal Council Ordinance (Chapter 252) ii. Butcher s Ordinance (Chapter 272) as amended by Act Number 31 of 1976 and Number 6 of iii. Standard By Laws in Gazette Number 541/17 of Should be an owner or prospective owner of a slaughter house and/or meat stalls within the limits of the Municipal Council area. 4. Fee License fee decided by the Municipal Council. 5. Supporting Documents 6. Application Process i. Letter from the owner of the property in which the slaughter house and/or meat stall is or is to be established. Following details should be provided in the letter requesting for a license; Name of the applicant. Address of the applicant. Address of the place in which the slaughter house and/or meat stall is or expected to be established. Note: There are two types of licenses: b. Temporary license c. Annual license

31 20 REGULATORY MAPPING: MUNICIPAL COUNCILS Applications for a license to operate a slaughter house and/or a meat stall should be forwarded in writing Inspection of the premises to determine whether it fulfils the requirements of Medical Officer of Health and Municipal Veterinary Surgeon the Butcher s Ordinance Report based on the inspection submitted If all requirements are met a notice is placed in the Gazette calling for objections If there are no objections the application is forwarded to the Municipal Council for approval If approval is granted license will be issued to operate the slaughter house and/or meat stall Applicant must sign an agreement with the Municipal Council and a security deposit must be paid to the Municipal Council by the applicant This permit has to be renewed annually by paying a license fee Medical Officer of Health and Municipal Veterinary Surgeon 7. If all requirements mentioned in the Butcher s Ordinance are not met Applicant will be notified of any deficiencies License will be issued on the rectification of the deficiencies

32 BUTCHERS LICENSE If there is any protest from the public The objections must be lodged in duplicate by any person resident within the limits of the Municipal Council An inquiry is held with the participation of person/s making the objection, applicant and the of the Municipal Council. Decision to revoke or confirm the license is made The decision will be conveyed in writing to the applicant and the person/s making the objection. Any party can appeal against the decision of the The decision reached by Minister is final and cannot be challenged in any Court of law Within 10 days from the date in which the notice regarding the decision was reached Minister in charge of the subject of Local Government Note: When a decision is not made regarding the issue of an annual license, a temporary license can be obtained from the Municipal Council for a time period of not more than 14 days. 9. Legal Consequences of non compliance A person operating a slaughter house and/or a meat stall without the license can be produced before the Magistrate Fine of Rs Magistrate and/or sentence of 6 months imprisonment if found guilty

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34 Certificate of Conformity (C of C) Overview Introduction Legal Authority Eligibility Fees Application Process When C of C is refused Legal consequences of occupying a building without a C of C...26

35 24 REGULATORY MAPPING: MUNICIPAL COUNCILS Certificate of Conformity - Overview Application form from MC free of charge Completed application form to the MC with a processing fee of Rs.100/= Receipt issued to applicant Reports on field inspections by Works Engineer Application forwarded to the Planning Committee Approval Rejection Mayor issues C of C Amended plan approved from Municipal Council Make changes in the building to correspond with approved plan Re apply

36 CERTIFICATE OF CONFORMITY 25 Certificate of Conformity (C of C) 1. Introduction This certificate is issued to indicate that the building is completed according to the approved plan. It must be obtained from the Municipal Council after the construction is completed and before occupying the building. 2. Legal Authority 3. Eligibility i. Section 127 of the Municipal Council Ordinance (Chapter 252). ii. Regulation 67 issued under the Urban Development Authority Act 41 of 1978 published in Gazette 392/9 of iii. Section 8 (k) of the Urban Development Authority Act 41 of Building being constructed according to the approved plan. 4. Fees The application form can be obtained free of charge. A fee is charged for the certificate of conformity on the basis of the square area of the building (minimum amount Rs 100/=). 5. Application Process Obtain application form Works Engineer Certification on the form that the building has been constructed according to the approved plan Application form to be signed by the applicant. Application form to be submitted A fee is charged for the certificate of conformity on the basis of the square area of the building (minimum amount Rs 100/=) A charted engineer or architect registered with the Municipal Council Works Engineer Works Engineer

37 26 REGULATORY MAPPING: MUNICIPAL COUNCILS Fee should be paid Shroff A receipt is issued to the applicant (this is considered as the document which signifies submission of the application) Field inspection A report is forwarded to the Planning Committee Application forwarded for approval If approved by Planning Committee, the Certificate of Conformity is issued Shroff Works Engineer Works Engineer Planning Committee of the Municipal Council. 6. When C of C is refused A Certificate of Conformity is refused if the building is not constructed according to the approved plan. Applicant will be then be instructed to: Forward an amended plan for approval or Changes in the building should be made to correspond with the approved plan Application Process thereafter resumes its normal course. under the recommendation of Planning Committee under the recommendation of Planning Committee

38 CERTIFICATE OF CONFORMITY Legal consequences of occupying a building without a C of C Municipal Council obtains Magistrate s Court. Court Order. Municipal Council has the authority to charge the owner for all court and other expenses (demolishing, evacuation etc.) where a building is occupied without a Certificate of Conformity The Magistrate s Court can impose a fine of not less than Rs 1000/= for occupying building without a C of C and in addition can levy a fine of not less than Rs 100/= for each day of continuing violation. Note: The Municipal Council has the authority to demolish etc. in the case of occupying a building without a Certificate of Conformity, by virtue of Section 8 (k) of the Urban Development Authority Act Number 41 of 1978.

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40 Club License Overview Introduction Legal Authority Eligibility Fees Supporting Documents Application Process If there are objections regarding the establishment of clubs...32

41 30 REGULATORY MAPPING: MUNICIPAL COUNCILS Club License - Overview Application form for a fee from Municipal Council Three copies of the application form to the Revenue Clerk Copies of the application submitted to the Local Superintendent of Police, Commissioner General of Excise Gazette notification by Municipal Council Reports of the Local Superintendent of Police, Commissioner General of Excise is received Objection by public No objection To the Mayor Mayor issues license for a fee Decision by Inquiry Board Accept Appeal to Minister Decision by Minister

42 CLUB LICENSE 31 Club License 1. Introduction Clubs established within a particular Municipal Council area must register with the Municipal Council. 2. Legal Authority Licensing of Clubs Law Number 17 of 1975 and all amendments relating to the Act. 3. Eligibility Clubs already existing or planned within the Municipal Council area. 4. Fees An application form should be purchased from the Municipal Council for a fee of Rs 50/=. License is issued for a fee of Rs 350/= (may differ between Municipal Councils). 5. Supporting Documents i. List of rules and regulations of the club signed by the President of the club. ii. The following information should be provided in the application form. Name of applicant Address of the applicant Whether the applicant is the President, Secretary or Manager Name of the club Address of the club house Activities of the club Names of the President, Secretary and Treasurer of the club Number of members 6. Application Process Obtain an application form Municipal Accountant from the Municipal Council for Rs50/= Application form should be signed by the President, Secretary or Treasurer

43 32 REGULATORY MAPPING: MUNICIPAL COUNCILS Three copies of the To the Revenue Clerk application form to be submitted Copies of the application Local Superintendent of forwarded Police, Commissioner General of Excise Municipal Council issues Municipal Council gazette notification mentioning: Name of the applicant. Name of the club. Location where the activities of the club are going to take place. Closing date for 4 weeks from the date of objections. publication of gazette The gazette notification will state that any objections regarding the establishment or renewal of license of proposed club should be submitted to the Municipal Council Reports of the Local Superintendent of Police, Commissioner General of Excise is received If there are no objections Licence will be issued The Mayor Note: Copies of the licence will be sent to the Superintendent of Police and Commissioner General of Excise. 7. If there are objections regarding the establishment of clubs A copy of the objection The Mayor letter will be sent to the applicant Decision by the inquiry board Appointed by the Mayor

44 CLUB LICENSE 33 The decision notified to The Mayor the applicant, person making the objection, the Superintendent of Police and Commissioner General of Excise If not satisfied can appeal Within 10 days of the decision being announced The Minister Note: The decision of the Minister is final and cannot be challenged in Courts.

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46 Entertainment Tax Overview Introduction Legal Authority Fees Process Legal consequence of non-compliance...38

47 36 REGULATORY MAPPING: MUNICIPAL COUNCILS Entertainment Tax - Overview The amount to be charged notified R in a Gazette Person in charge adds the tax to the ticket The Municipal Council Chairman s seal placed in all tickets Number of tickets sold checked by Revenue Inspector /or any other officer Person in charge of the Public Performance calculates tax amount on the basis of number of tickets sold The tax paid daily to the Municipal Council Tax not paid Municipal Council files case against the defaulter in the Magistrate s Court

48 ENTERTAINMENT TAX 37 Entertainment Tax 1. Introduction Public performances that take place within a particular Municipal Council area are liable to pay entertainment tax. This tax is included in the price of tickets of all public performances and it is charged from all public performances except religious, educational and charity shows. 2. Legal Authority Entertainment Tax Ordinance Number 12 of Fees i. The amount of entertainment tax charged will be notified in the Gazette. ii. The person/s in charge of a public performance include/s the amount of tax into the price of the ticket. 4. Process s seal should be placed on all tickets. (In the case of Municipal Council cinema tickets this procedure is not followed) The person/s in charge of the Public Performance must keep track of the number of tickets sold Inspect the number of tickets being sold for each show The person/s in charge of the public performance must calculate the tax amount on the basis of number of tickets sold and pay the tax to the Municipal Council daily Revenue Inspector or another Officer Municipal Accountant Note: in case of public performance other than films or stage dramas the applicant must make a security deposit which is equal to 25% of the total value of the tickets sold, as entertainment tax.

49 38 REGULATORY MAPPING: MUNICIPAL COUNCILS 5. Legal consequence of non-compliance If the entertainment tax is not paid a case can be filed in the Magistrate s Court

50 Environment Protection License Overview Introduction Legal Authority Eligibility Fee Supporting Documentation Application Process If the application is not recommended by the Medical Officer of Health and the Environment Officer If the license is rejected again...43

51 40 REGULATORY MAPPING: MUNICIPAL COUNCILS Environment Protection License - Overview Obtain application form for a fee from the Municipal Council Submit with supporting documents to the Clerk dealing with environmental issues at the Office of Medical Officer of Health Field Inspection by Medical Officer of Health and the Environment Officer Positive Negative Notice stating defects to applicant Forwarded to Technical Assessment Committee Forwarded to the Mayor Verification of defects by the applicant and informing the office of Medical Health License issued

52 ENVIRONMENT PROTECTION LICENSE 41 Environment Protection License 1. Introduction This is to ensure that industries and businesses within the Municipal Council undertake measures to maintain environmental standards as stipulated by the Central Environment Authority. 2. Legal Authority Central Environment Act Number Eligibility All businesses and industries within the Municipal Council area as stipulated by the Minister of Forests and Environment in Gazette No. 1159/22 of should obtain this license. 4. Fee Application fee is defined by the Municipal Council and may differ between Municipal Councils. 5. Supporting Documentation A road sketch indicating the location of the industry or business. The registration certificate of the business. The approved plan of the building or site and the Certificate of Conformity. The plan of the land. Specific measures indicating : Control of air /noise and other environmental pollution. An effective waste disposal system. 6. Application Process Procedure Time period Authority Obtain application form on payment of a fee Municipal Accountant Completed application Clerk dealing with should be submitted along environmental issues at the with the supporting office of Medical Officer of documents Health

53 42 REGULATORY MAPPING: MUNICIPAL COUNCILS Procedure Time Frame Authority Field Inspection Medical Officer of Health and the Environment Officer Reports forwarded based on the field inspection Medical Officer of Health and the Environment Officer Application forwarded for Technical Assessment approval Committee/Environmental Committee On approval from the The Mayor Technical Assessment Committee / Environmental Committee, License is issued Note: The Technical Assessment Committee consists of: Mayor The Elected Councilors Medical Officer of Health. Environment Officer A representative from the Urban Development Authority 7. If the application is not recommended by the Medical Officer of Health and the Environment Officer A notice sent to the applicant stating the deficiencies of the application and what steps should be taken to rectify them The applicant notifies after rectification of defects. Field inspection is held Medical Officer of Health and the Environment Officer Report forwarded based on Medical Officer of Health the field inspection and the Environment Application forwarded for approval Officer Technical Committee/Environment Committee Assessment

54 ENVIRONMENT PROTECTION LICENSE 43 On approval by the The Mayor Technical assessment Committee/Environment Committee, License is issued 8. If the license is rejected again Appeal Within 30 days of receiving Secretary of the Ministry of the notice of refusal Environment Note: Appealing against a decision is made possible under Section 23 (E) in the Central Environment Act 47 of The decision of the Secretary is final.

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56 Leasing of Market Stalls owned by the Municipal Council Overview Introduction Legal Authority Fees Process When in default of payment of rental...48

57 46 REGULATORY MAPPING: MUNICIPAL COUNCILS Leasing of market stalls owned by the Municipal Council - Overview Notice published in the Part iv Gazette by the Fee paid to the cashier and a refundable deposit made to the cashier Obtain Tender documents from Secretary Completed Tender document Kept in the Tender Box in the MC office Send by registered post to the relevant officer with the receipt acknowledging payment Lease given to applicant with highest offer Security deposit equivalent to three instalments Agreement signed with Trade License obtained Stalls to be occupied

58 LEASING OF MARKET STALLS 47 Leasing of Market Stalls owned by the Municipal Council 1. Introduction Municipal Council has the authority to build and lease buildings to the public as a service. 2. Legal Authority 3. Fees 4. Process i. Section 157 of the Municipal Council Ordinance. ii. Circular Number 1980/46 issued on by Commissioner of Local Government under the instructions of the Minister of Local Government. iii. Circulars issued by relevant Provincial Councils on leasing and lending public property. i. Market Stalls will be tendered for a payment (key money) decided by the Municipal Council by a Resolution. ii. Successful applicants should pay a security deposit equivalent to three months rental. iii. Tender document fee decided by the Municipal Council (may differ between Municipal Councils) A notice published in Part Under instructions of the IV of the Gazette by the Minister of Local Government Tender documents should Municipal Accountant be obtained for a fee A payment of fee and Shroff refundable deposit Receipt obtained for the Shroff payment of the fee and the refundable deposit made The tender forms should be filled and put in the tender box or sent by registered post with the receipt acknowledging the payment of fee