Prevention of Mosquito Breeding Act 2007 · As enacted
17. Prosecution procedure
Official English translation. The Sinhala text prevails.
Official translationFrom Department of Government Printing, unchanged
Where an offence is found to have been committed under this Act by an owner or occupier, prior to a prosecution being instituted, a Public Health Inspector shall be required to serve a written notice upon the alleged offender requiring such person to adopt or take such corrective measures as shall be specified in such notice, within two weeks of the receipt of the same. A person upon whom a notice is served under this subsection may request for an extension of time within which to adopt or take the corrective measures required, and the Public Health Inspector may in consultation with the Medical Officer of Health of the area, grant or refuse to grant such extension. No extension shall be granted beyond a period of a further two weeks.
On the expiry of the time granted for adopting or taking the required corrective measures under subsection (1), the
Public Health Inspector who served the notice shall inspect the measures adopted or taken and within one week of carrying out the inspection, submit a report on the same to the Medical Officer of Health of the area. In the report submitted, the Public Health Inspector may, where he considers it necessary, recommend the institution of proceedings against the alleged offender.
Where the Public Health Inspector recommends being institution of proceedings, the Medical Officer of Health shall, subject to the provisions of subsection (4) of this section, grant sanction for the same within one week of the receipt of such recommendation.
A Medical Officer of Health to whom a recommendation for the institution of proceedings has been made under subsection (2) may, where on the information contained in the report submitted along with such recommendation, he considers that the institution of proceedings is not warranted, shall be required himself to inspect the measures adopted or taken by the alleged offender and submit his own recommendations on the same, to the
Competent Authority. The Competent Authority shall within
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two weeks of receiving the recommendation, arrive at a final decision as to whether prosecution should or should not be instituted against the alleged offender.