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| 229 |
Power of Commissioner to close or limit the use of private drain in certain cases. - Where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is other- wise unobjectionable but is not in the opinion of the Commissioner, adapted to the general system of drainage in the City, he may, by written notice addressed to the owner of the premises, direct
(a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done;
(b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only Or
for rain water and unpolluted sub-oil water only: Provided that-
(1) no drain may be closed, discontinued or destroyed by the Commissioner under clause
(a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any municipal drain which he thinks fit;
(ii) The expenses of the construction of any drain so provided by the Corporation and of any work done under clause
(a) may be paid out of the Corporation Fund.
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| 230 |
Use of drain by a person other than owner.
(1) Where the Commissioner either on receipt of an application from the owner of any premises or otherwise is of opinion that the only or the most convenient means of effectual drainage of the premises into a municipal drain is through a drain belonging to another person, the Commissioner may, by notice in writing, require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made.
(2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient, the Commissioner may, by order in writing, either authorise the owner of the premises to use the drain or declare him to be joint owner thereof,
(3) An order made under sub-section
(2) may contain directions as to
(a) the payment of rent or compensation by the owner of the premises;
(b) the construction a drain for the premises for the purpose of connecting with the aforesaid drain;
(c) the entry upon the land in which the aforesaid drain is situated with assistants and workmen at all reasonable hours;
(d)the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.210. Sewage and rain water drains to be distinct. - Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct
drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.
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| 231 |
Powers of Commissioner to require owner to carry out certain works for satisfactory drainage. - For the purpose of efficient drainage of any premises, the Commissioner may by notice in writing
(a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings, with
such materials and in such manner as may be approved by the Commissioner,
(b) require such paving to be kept in proper repair. |
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| 232 |
Appointment of places for the emptying of drains and disposal of sewage. -The Commissioner may cause any or all of the municipal drains to empty into, and all sewage to be disposed of at such place or places as he consider suitable:
Provided that no place which has been not before the commencement of this Act used for any of the purposes specified in this section shall after such commencement be used therefor without the approval of the Corporation:
Provided further that on and after such date as may be appointed by the Government in this behalf no sewage shall be discharged into any water-course until it has been so treated as not to effect prejudicially the purity and quality of the water into which it is discharged. |
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| 233 |
Connection with waterworks and drains not to be made without permission. - Without the written permission of Commissioner, no person
shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 202 orany water-works, constructed or maintained by, or vested in the Corporation.
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| 234 |
Buildings, railways and private streets not to be erected or constructed over drains or water-works without permission. - (1) Without the
written permission of the Commissioner no railway or private street shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any water-works constructed or maintained by, or vested in, the Corporation.
(2) If any railway or private street be constructed or any building, Wall, fence or structure erected on any drain or water works as aforesaid without the written permission of the Commissioner, the Commissioner may remove or otherwise deal with the same as he may think fit.
(3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, the railway administration or the person offending and shall be recoverable as an arrear of tax under this Act. |
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| 235 |
Power of owner of premises to place pipes and drains through land belonging to other persons,
(1 ) If it appears to the Commissioner that the only or most convenient means of water-supply to, and drainage of, any premises is by placing or carrying any pipe or drain over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to place on carry such pipe or drain over, under, along or across such immovable property: Provided that before making any such order the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried.
(2) Upon the making of an order under sub-section
(1) the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same.
(3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall
(a)cause the pipe or drain to be placed or carried with the least practicable delay;
(b) fill in, reinstate and make at his own cost and with the least practicable delay, any land opened, broken up or removed for the
purpose of placing or carrying such pipe or drain:
(c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or
carrying of such pipe or drain.
(4) If the owner of the immovable property, over, under, along or across which a pipe or drain has been placed or carried under this section whilst such immovable property was not built upon desires to erect any building on such property, the Commissioner shah by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the pipe or drain had not been placed or carried
over, under, along or across the same:Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe
or drain should be closed, removed or diverted. |
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| 236 |
Railway administration to be informed in certain cases. - If the Corporation desires to place or carry any pipe or drain or do any other work connected with the water-supply or drainage across any railway line it shah inform the railway administration who may execute the same at the cost of the Corporation.
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| 237 |
Power of commissioner to execute work after giving notice to the person liable.
(1) When under the provisions of this Chapter any personmay be required or is liable to execute any work, the Commissioner may, in accordance with the provisions of this Act and of any bye.-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any such work shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and conveniences
(3) The expenses referred to in sub-section
(2) shall be recoverable from the person or persons liable thereof as an arrear of tax under this Act. |
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| 238 |
Power of Commissioner to affix shafts etc., for ventilation of drain or, cesspool. -For the purpose of ventilating any drain or cesspool,
whether vested in the Corporation or not, the Commissioner may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary. |
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| 239 |
Power of Commissioner to examine and test drain etc., believed to be defective.
(1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private drain communicating directly or indirectly with a municipal drain is so defective as to admit sub-soil water; he may examine its condition and for that purposes may apply any test other than a test by water under pressure, and if he deems it necessary, open the ground.
(2) If on examination the drain or cesspool is found to be in proper condition, the Commissioner shall as soon as possible reinstate any ground which has been opened by him and make good any damage done by him.
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| 240 |
Employment of Government agencies for repairs, etc. – The Government may, for reasons to be recorded, direct that any specified work repair, renewal or replacement which is to be undertaken by or for the Corporation under this Chapter, shall be carried out on behalf of the Corporation by the Government and the Corporation shall pay the charges therefor at the rates and subject to the terms for the time being applicable in the case of works constructed by the Government on behalf of a local authority.
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| 241 |
Work to be done by licensed plumber.
(1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Commissioner, the work is of a trival nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employees a licensed plumber to execute any work shall, when so required, furnish to the Commissioner the name of such plumber.
(3) When any work is executed except in accordance with the sub-section
(1), such work shall be liable to be dismantled at the discretion of the Commissioner without prejudice to the fight of the Corporation to prosecute under this Act the person at whose instance such work has been executed.
(4) The Corporation may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every licence granted to a plumber by the Corporation.
(5) The Corporation may, from time to time, prescribe the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this Chapter.
(6) No licensed plumber shall, for any work referred to in sub-section
(5) demand or receive more than the charges prescribed therefor, under that sub- section.
(7) The Corporation shall make bye-laws providing for
(a) the exercise of adequate control on all licensed .plumbers;
(b) the inspection of all works carried out by them; and
(c) the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of work done,
material used delay in execution of work, and the charges made, by a licensed plumber.
(8)'No licensed plumber shall contravene any of the bye-laws made under section or execute carelessly or negligently any work under this Act or make
use of bad materials, appliances or fittings.
(9) If any licensed plumber contravenes sub-section
(10) his licence may be suspended or cancelled whether he is prosecuted under this Act or not,
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| 242 |
Prohibition of certain acts.
(1) No person shall
(b) wilfully obstruct any person acting, under the authority of the Corporation or the Commissioner, in setting out the lines of any
works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work, or deface or
destroy any works made for the. same purple; or
(c)unlawfully obstruct the flow of or flush draw off, or divert, or take water from any water-works belonging to the Corporation or
,any water course by which any such water work is supplied; or
(d)unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Corporation or
break or damage any electrical transmission line maintained by the Corporation;
(e) Obstruct any officer or other employee of the Corporation in the discharge of his duties under this Chapter or refuse or wilfully
neglect to furnish him with the means necessary for the making of any
entry, inspection, examination or inquiry thereunder in relation to any water or sewage work;
(f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt, filth into any
water-work or wash or clean therein any cloth, wool or leather or the skin of any animal, or cause the water of any sink or drain or any
steam-engine or boiler or any polluted water to turn or be brought into any water-work, or do any other act whereby the water in any
water-work is fouled or likely to be fouled.
(2) Nothing in clause
(b) of sub-section
(1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose Supply will be affected thereby.
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