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Local authorities and public nuisancePublic nuisance is an offence punishable under the Penal Code and the Code of Criminal Procedure Act. The Local Authorities have a statutory duty to prevent and prohibit acts of nuisance caused to the public. All Local Authorities, Municipal Councils, Urban Councils and Pradeshiya Sabhas are empowered to prohibit, prevent and punish the offenders under their powers. Election of members to many Local Authorities in March this year and the members of the Local Authorities have great responsibilities in educating their voters to abide by the laws applicable to their areas. The main functions of a Local Authority, inter alia, are charged with regulation, control and administration of all matters relating to public health, public utility services and public thoroughfares and generally with the protection and promotion of the comfort, convenience and welfare of the people within the area of jurisdiction. With the advent of British administration in 1815, British Governors in the first few years were bent on stabilising their power in the newly acquired Colony, Ceylon. The Colerbrooke Cameron reform proposals and the Municipal Council Ordinance and the Police Ordinance provided the necessary authority for maintaining law and order and Governors such as Sir Herculous Robbinson, Henry Ward, Governor Gregory Gordon and Ridgeway in their administration of the country conferred many privileges and benefits to the people. The Nuisance Ordinance No. 15 of 1862, the Police Ordinance and the Municipal Councils Ordinance were passed by the Legislative Council between the years 1862 - 1865 which empowered the Local Authorities to be aware of what their duties are towards the public and also the functions of the State in regard to good governance. The three Municipal Councils, Colombo, Kandy and Galle were given the privilege of electing their representatives to the Municipal Councils in order that their views and opinions could be taken into consideration in the administration of cities. The Secretary of State for Colonies has given instructions that if the British want to stabilise retain their possessions in the Far East, Ceylon should be given its representatives a greater share of responsibilities. It is in this spirit that UK Government sent benighted governors specially after 1848 rebellion. Local Authorities in particular have the greatest share in the control and prevention of nuisance caused by incursion by way of water, noise, smoke, smell, fumes, vibration, gas, vegetation and animals. The elected members of Local Authorities owe their status from the people, the Electorate which they represent. In return they have a duty to look after the welfare in common specially, public health and nuisance. Under the Ward electoral system whereby members were elected from a Ward to a particular Ward, the contact between the member and voter was very much closer and the Voter and the Member knew their requirements. Under the P.R. System (Proportional Representation System) liasion between the voter and the member is for a part and the member could ignore, be indifferent and even refuse blatantly to consider the voter's requirement, Sans Locus Standi. The Central Environmental Authority Act No. 47 of 1980 and 56 of 1988 have made provision to take action under this law. This is a salutary statute provided by the Government. Members of Local Authority, most of them seek esteem as honourable members as a social status, as a step to ascend in the political and social ladder. Ability and competency in education, in wealth and social standing are to some extent ignored in the selection by the political parties in selecting and nominating their candidates which may help the party to get a majority of votes but may not be beneficial and helpful to the people. Granted that these requirements are necessary for a political party the ultimate purpose of good governance is minimised or lost. In order to overcome this situation it is necessary that the newly elected members should be made aware by their party hierarchy to participate not only in social functions but also in various committees participate with people and administrative staff and act within the scope of the laws, by-laws and regulations of the Local Authority. Noise pollution, air pollution and dumping of waste materials on the roads have the worst impact on the people. Nuisance being a health hazard and injurious to the people the Medical Sections or Department, the Public Health Inspectors have a great responsibility in inspecting, investigation and control of the environment. People's participation in the prevention and control and abatement of nuisances, with advisory and people's committees from wards or suitable areas within a Local Authority will be very effective in this sphere. CECIL JAYASINGHE, --- Corporal YakandawalaA true hero in all sense! A monument in Matale for this Corporal would be very much appreciated. If bugs have exchanged hands in billions, those traitors should be caught and exposed, 'cos they are our true traitors in lions' skin! NINA KAMAL, ---- Doomsday prophetI must commend Malinda Seneviratne for his article titled 'Revenge, as an article of faith' (DN of March 8). It is high time that an intelligent analysis of Lasantha Wickramatunge's malady is analysed and why he is so virulent in his attacks on the former President and the PA in general. What ails this editor of the Sunday Leader and the Morning Leader? We all know the shortcomings of the former President, but the manner in which this Editor tried to humiliate her and the language he used is hardly journalism. Certainly, if he was playing to the gallery, hurrah! Lasantha should know by now that there is a sizeable section of the population which treats its leaders with a modicum of respect. There was a time when many of us looked forward to receiving the Sunday Leader for the expose's of corruption and we admired the editor and its writers for their gustiness. However, I think this has gone to the head of the editor and he thinks that we will approve everything he writes or permits to be written. Unfortunately, his journalism is selective in that he hardly berates the UNP or its Leader who has proven to be a weak failure-prone leader who has consistently lost almost every election. There is no criticism of his leadership, just a slap on the wrist, if ever. Where is the criticism of the LTTE for its barbaric murders, child abductions, violations of the CFA thousands of time? How come this editor suddenly lost steam on his attacks on Tiling Sumathipala, whom he labelled 'bookiepala' and attacked him for months? He stopped all attacks on Sumathipala as soon as Ranil made him organiser for Anuradhapura. Shame on you Lasantha! At the talks in Geneva between the Sri Lanka Government and the LTTE, who was that woman journalist who tried to crash the meeting? Why didn't Lasantha expose her identity? How did a woman journalist get a copy of the Government's statement even before it was read out and who was she? Lasantha who knows every detail of what someone ate and the amount paid and who paid, suddenly has lost his pen! On the same day the above article by Milinda Seneviratne appeared, the Morning Leader had a front page headline that the UNP has plans to wrest control of the Government after the Local Government Polls. Hello Lasantha, the UNP has acted in a childish fashion and couldn't even get their nomination list approved for the CMC. And still the feuding and accusations are going on. Tell us Lasantha, how the UNP (read RANIL) is going to achieve this miracle? From the time the UNP was defeated, Lasantha has been like a doomsday prophet, forecasting war, fall of the Government, crossovers to the UNP. Unfortunately for Lasantha he must be going to the wrong astrologer. As Malinda Seneviratne says, we are all free to have our political opinions, but the Leader paper need not be a mouthpiece of the UNP or of any other party. We all know that in many democratic countries, some newspapers do show some partiality to one party but not in such an obvious manner as the Leader newspaper. It might as well be printed at Siri Kotha. We hope even now, Lasantha will remove his tinted glasses and see the political spectrum more clearly. This country is being held to ransom by the LTTE. It is the bounden duty of every citizen of this country, if he/she values fair play and wants peace in this country, to expose the LTTE for what it is - a barbaric terrorist organisation. There can be no kid glove treatment for the Tigers. If all media expose their atrocities and duplicity to the International community, then the LTTE will become more amenable to negotiation. Newspaper editors need not suck up to the Tigers, unless of-course there is some benefit to them. We hope that Lasantha will change his biased newspapers to a more balanced one, criticize, expose and laud when required. LAKSHMAN PERERA, ---- Barbaric actWe appeal to the President to use his good office to bring the barbaric act of using a pregnant woman to commit as a suicide bomber, to the notice of the whole world and highlight their propaganda machine to take stern action against LTTE Leader who had given specific instructions to use this type of barbaric act. They should not get away like they got away from all other crimes they committed such as killing innocent babies, pregnant women, poor farmers etc. It is our duty to highlight this act to the notice of International Community, all Human Rights agencies. Today in Sri Lanka all pregnant ladies are facing embarrassment as the people are looking at them in a suspicious manner. This concept was a creation of brainwashed LTTE. N. JAYASUNDARA, |
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