As enacted

Contents

Act of Parliament · As enacted

National Water Supply and Drainage Board (Amendment) Act 2026

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the National Water Supply and Drainage Board (Amendment) Act, No. 20 of 2026.

s 2Amendment of section 16 of Law, No. 2 of 1974

Section 16 of the National Water Supply and Drainage

Board Law, No. 2 of 1974 (hereinafter referred to as the

“principal enactment”) is hereby amended in subsection (1) of that section by the repeal of paragraph (d) of that subsection, and the substitution therefor, of the following new paragraph: -

“(d) to take over and carry on any water supply or sewerage undertaking of any local authority, industrial estate, industrial park or community based organization transferred to the Board by a voluntary transfer order or a compulsory transfer order under section 64;”.

s 3Amendment of section 17 of the principal enactment

Section 17 of the principal enactment is hereby amended as follows:-

(1)

by the insertion immediately after paragraph (a)

thereof, of the following new paragraph: -

“(aa) to enter into agreements with any person to obtain water from surface and ground water resources;”;

(2)

in paragraph (c) thereof, by the substitution for the words “to acquire, hold”, of the words “to acquire, purchase, hold”;

(3)

by the insertion immediately after paragraph (j)

thereof, of the following new paragraphs: -

“(ja) to engage in activities related to surface and ground water resource development for the provision, development and maintenance of water supply and sewerage services in collaboration with any Government department or person or any body approved by the Minister;

(jb)

with the approval of the Minister, to establish and maintain any subsidiary organization or a strategic business unit under the provisions of the Companies

Act, No. 07 of 2007 which may in the opinion of the Board, directly or indirectly promote the interests or be conducive to the attainment of the objects of the Board;

(jc)

with the written directions of the

Minister either directly or through any subsidiary organization or strategic business unit established under paragraph (jb) of this section or in association with the Tertiary and

Vocational Education Commission or any other institution having similar objects to that of the Board within or outside Sri Lanka-

(i)

to provide consultancy and advisory services, training and knowledge sharing, research and development, in relation to water supply and the management of wastewater;

(ii)

to provide training facilities, programmes relating to water supply and the management of wastewater;

(iii)

to conduct diploma courses relating to water supply and the management of wastewater and to award diplomas where appropriate; and

(iv)

to conduct seminars, workshops and conferences;

(jd)

to enter into and to perform, all such agreements with any Government department or any other institution approved by the Minister for the provision of technical assistance to promote sustainability and improved service delivery of community based water supply;

(je)

to provide laboratory services to any

Government or private sector entity or to any person and to charge fees for such services in accordance with such charges as may be fixed, from time to time by the Board, with the approval of the Minister in consultation with the Minister assigned the subject of

Finance;

(jf)

to open and maintain bank accounts in any local or foreign currency;”.

s 4Amendment of section 20 of the principal enactment

Section 20 of the principal enactment is hereby amended as follows:-

(1)

by the renumbering of that section as subsection (1) thereof; and

(2)

by the addition immediately after the renumbered subsection (1) thereof, of the following new subsection: -

“(2) Before making a decision under subsection (1), the Minister shall provide the Board and the Government department or the body referred to in section 19 an opportunity of being heard.”.

s 5Amendment of section 22 of the principal enactment

Section 22 of the principal enactment is hereby amended by the substitution for the words “tanks, aqueducts or”, of the words “tanks, aqueducts, treatment plants, pipelines or”.

s 6Amendment of section 31 of the principal enactment

Section 31 of the principal enactment is hereby amended as follows:-

(1)

by the renumbering of that section as subsection (1) thereof;

(2)

in the renumbered subsection (1), by the substitution for the words “injury done to the

Board’s property and without prejudice to its right to recover from him the value of any water wasted, misused or unduly consumed.”, of the words “damage done to the Board’s property and without prejudice to its right to recover from him the value of any water wasted, misused or unduly consumed by affixing a pipe or apparatus to an apparatus or other pipe without the consent of the General Manager of the Board. The General

Manager or any other person authorized by him on that behalf, may disconnect the water supply or cause any such pipe or apparatus affixed without the consent of the General Manager to be removed.”; and

(3)

by the addition immediately after the renumbered subsection (1) thereof, of the following subsections which shall be numbered as subsections (2) and (3) of that section: -

“(2) For the purpose of subsection (1), a certificate prepared and signed by the General

Manager or an officer authorized by the General

Manager stating the amount of the damages in respect of any damage done to the property of the Board and the value of any water wasted, misused or unduly consumed shall be prima facie evidence of the amounts that are due.

(3)

Upon filing of such certificate by the

General Manager or an officer authorized by the General Manager, as the case may be in the

Magistrate’s Court in any prosecution under subsection (1), the Magistrate shall afford such person an opportunity to show cause as to why further proceedings for the recovery of the amount shown as due shall not be taken against such person and where such person has not shown sufficient cause, the amount shown as due or any lesser amount shall be recovered as a fine imposed by Court and the amount so recovered shall be paid to the general reserve fund of the Board.”.

s 7Amendment of section 36 of the principal enactment

Section 36 of the principal enactment is hereby amended by the insertion immediately after subsection (1)

thereof of the following new subsection: -

“(1a) Where such General Manager or an officer authorized by the General Manager may while executing the duties under subsection (1) has reasonable cause to apprehend any obstruction, enter such land or premises accompanied by a police officer.”.

s 8Amendment of section 37 of the principal enactment

Section 37 of the principal enactment is hereby amended as follows:-

(1)

by the renumbering of that section as subsection (1) thereof;

(2)

in the renumbered subsection (1), by the substitution for the words “offence shall be continued.”, of the words “offence shall be continued without prejudice to the right of the

Board to recover from such person the damages in respect of any damage caused to property of the Board or the fouling of any water belonging to the water works.”; and

(3)

by the addition immediately after the renumbered subsection (1) thereof, of the following new subsections: -

“(2) For the purpose of subsection (1), a certificate prepared and signed by the General

Manager or an officer authorized by the

General Manager stating the amount of the damages in respect of any injury caused to the property of the Board or the fouling of any water belonging to the waterworks shall be prima facie evidence of the amounts that are due.

(3)

Upon filing of such certificate by the

General Manager or an officer authorized by the General Manager, as the case may be in the

s 9General Amendment to Part III of the principal enactment

Part III of the principal enactment is hereby amended by the substitution for the words “local authority” or

“authority”, wherever those words or word appear in that

Part of the words “local authority, industrial estate or industrial park or a community based organization”.

s 10Insertion of new section 57a in the principal enactment

The following new section is hereby inserted immediately after section 57 of the principal enactment and shall have effect as section 57a of that enactment: -

57a.The provisions of Part III of this Act shall mutatis mutandis apply to and in relation to the transfer to the Board of any water supply and sewerage undertakings of an industrial estate, industrial park or a community based organization:

“Water supply and sewerage undertakings of an industrial estate etc.

Provided that-

(a)

in the event of a water supply and sewerage undertakings of an industrial estate or industrial park, the words “the Minister in charge of the subject of Local Government”, wherever those words appear in that Part shall be read and construed as a reference to “the Minister assigned the subject of the Board of

Investment of Sri Lanka established under the Board of Investment

Law, No. 4 of 1978 under Article 44 or 45 of the Constitution or the

Minister assigned the subject of industries under Article 44 or 45 of the Constitution” as the case may be; and

(b)

in the event of a water supply or sewerage undertakings of a community based organization, the words “Minister in charge of the subject of local government”, wherever those words appear in that

Part shall be read and constructed as a reference to “the Minister assigned the subject of community based water supply under Article 44 or 45 of the Constitution.”.

s 11Insertion of new section 83a in the principal enactment

The following new section is hereby inserted immediately after section 83 of the principal enactment and shall have effect as section 83a of that enactment: -

83a.

insurance

(1)

The Board may from time to time enter into contracts of insurance insuring employees of the Board for the purpose of granting an insurance cover to any employee who is permanently disabled, or partially disabled or temporarily incapacitated, or in the event of the death of any employee to the legal heirs, in any case where such disablement, incapacitation or death, as the case may be is due to an injury –

(a)

sustained by such employee while on duty; or

(b)

sustained by such employee while travelling-

(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;

(c)

sustained by such employee, while not on duty in the performance of some act which is within the scope of his ordinary duties; or

(d)

sustained by such employee in consequence of any act or performance in the execution of his duties; or

(e)

sustained by such employee as a result of any act of reprisal

“Contracts of occasioned by, or arising out of, any action taken by him in the execution of his duties.

(2)

The amount to be paid by the Board as insurance premium and the manner of the insurance, qualifications required to be entitled to an insurance and all other matters connected therewith shall be determined by the Board by rules made in that behalf.

(3)

Any insurance cover granted in accordance with the rules made under the preceding provisions of this section in respect of the disablement, incapacitation or death of an employee shall be in addition to any gratuity, compensation, allowance or other benefit granted in respect of such disablement, incapacitation or death under any other written law applicable thereto.”.

s 12General Amendment to Part VI of the principal enactment

Part VI of the principal enactment is hereby amended by the substitution for the words “local authority”, wherever those words appear in that Part of the words “local authority, industrial estate or industrial park or a community based organization”.

s 13Amendment of section 84g of the principal enactment

Section 84g of the principal enactment is hereby amended by the substitution for the words “damages or in any other way”, of the words “damages, reverse the flow or in any other way”.

s 14Insertion of new section 85a in the principal enactment

The following new section is hereby inserted immediately after section 85 of the principal enactment and shall have effect as section 85a of that enactment: -

85a. (1) The sewerage service charges payable to the Board by any person whose property is connected to the sewerage system shall be based on the total discharges into the sewerage system irrespective of the source of the water.

(2)

Subject to the provisions of this Law, the Board may introduce a load based or a scheme specific sewerage charge.”.

s 15Amendment of section 87 of the principal enactment

Section 87 of the principal enactment is hereby amended as follows:-

(1)

by the repeal of paragraph (b) of subsection (2)

of that section and the substitution therefor of the following: -

“(b) A demand relating to the water supply or sewerage charge sent by the Board to a person may be dispatched by registered or ordinary post, delivered by hand or by any electronic means.”; and

(2)

in subsection (8) of that section, by the substitution for all the words from “so specified is payable”, to the end of that subsection, of the words “so specified is payable.”.

s 16Amendment of section 88 of the principal enactment

Section 88 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words “the Board in re-connecting such service, is paid.”, of the words “the Board in re-connecting such service, is paid. The notice required under the provisions of this subsection may be dispatched by registered or ordinary post, delivered by hand or by any electronic means.”.

“Fixing charges for sewerage services

s 17Amendment of section 90 of the principal enactment

Section 90 of the principal enactment is hereby amended in subsection (1) of that section, as follows: -

(1)

in paragraph (j) thereof, by the deletion of the word “and”, appearing at the end of that paragraph;

(2)

in paragraph (k) thereof, by the substitution for the word “system.” of the word “system;” and

(3)

by the addition immediately after paragraph (k)

thereof, of the following new paragraphs: -

“(l) the provision of water service or sewerage service connection on an urgent basis, subject to the availability and the charges in respect of the same;

(m)

to declare hydrological reservations or reservations for the protection of intakes of surface and ground water resources and to provide for their protection;

(n)

specification of standards or criteria for the discharge of wastewater into public sewers and treatment plants;

(o)

prohibiting the discharge of waste water that fails to comply with such standards and criteria into such sewers and treatment plants and for the recovery of costs and damages incurred by the Board due to such discharge of wastewater.

(p)

construction of onsite sewerage systems including “Decentralized

Wastewater Treatment Systems

(DEWATS) and septage treatment plants;

(q)

standards and specifications for the construction of sewerage systems including the size, nature, strength, materials, the apparatus and receptacles to be used for such purpose;

(r)

licensing of persons engaged in the provision of technical services in the form of advisory, consultancy and construction services pertaining to water supply and sewerage services; and

(s)

maintenance of the quality of the water supplied for the public, domestic or industrial purposes by the Board.”.

s 18Insertion of new section 97b in the principal enactment

The following new section is hereby inserted immediately after section 97a of the principal enactment and shall have effect as section 97b of that enactment: -

97b. (1) Any fine imposed by a Magistrate

Court under section 28, 30, 32, 33, 34, 84f and 84g shall be without prejudice to the right of the Board to recover the value of any water wasted, misused or unduly consumed.

(2)

For the purpose of subsection (1), a certificate signed by the General Manager or an officer authorized by the General Manager stating the value of any water wasted, misused

“Right of the

Board to recover the value of any water wasted, misused or unduly consumed or unduly consumed shall be prima facie evidence of the amounts that are due.

(3)

Upon filing of such certificate by the

General Manager or an officer authorized by the General Manager, as the case may be in the

s 19Amendment of section 100 of the principal enactment

Section 100 of the principal enactment is hereby amended as follows: -

(1)

by the insertion immediately after the definition of the expression “area of authority” of the following new definitions:-

“ “body” includes any body corporate or unincorporate;

“community based organization” means an organization or a body representing the user community that engages in providing water supply or sewerage services to the user community;

“industrial estate” means an industrial estate established under the provisions of the

Industrial Development Act, No. 36 of 1969 or an industrial estate established under the provisions of the Industrial

Promotion Act, No. 46 of 1990;

“industrial park” means an industrial park established under the provisions of the

Industrial Promotion Act, No. 46 of 1990;”;

(2)

by the insertion immediately after the definition of the expression “Local Government Service

Commission” of the following new definition:-

“ “person” includes a natural or a legal person;” ; and

(3)

by the insertion immediately after the definition of the expression “sewerage works” of the following new definition: -

“ “Tertiary and Vocational Education

Commission” means the Commission established under the provisions of the Tertiary and Vocational Education

Act, No. 20 of 1990;”.

s 20Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.