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Section 227: Premises not to be erected without drains

Jharkhand Municipal Act 2011State Act of Jharkhand · Act 7 of 2012

(1) It shall not be lawful to erect or re-erect any premises in the municipal area or to occupy any such premises unless –

(a) a drain is constructed of such size, materials and description, at such level, and with such fall, as may appear to the Municipal Commissioner or the Executive Officer to be necessary for the effectual drainage of such premises,

(b) there have been provided and set up on such premises such appliances and fittings as may appear to the Municipal Commissioner or the Executive Officer to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matters, and conveying the same, from such premises and of effectually flushing the drain of such premises and every fixture connected therewith.

(2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty meters from the premises, but if no municipal drain is situated within such distance, then, such drain shall empty into a cesspool situated within the distance to be specified by the Municipal Commissioner or the Executive Officer for the purpose.

228. Affixing of pipes for ventilation of drains, etc –

(1) For the purpose of ventilating any drain or cesspools whether belonging to the municipality or to any other person, the municipality may erect upon any premises or affix to the outside building or to any tree or to any such through any projection from any building including the caves of any roof thereof in order to carry up such shaft or pipe through any such projection and lay in, through, or under any land such appliances as may in the opinion of the Municipal Commissioner or the Executive Officer, be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated.

(2) Such shaft or pipe shall be erected or affixed or removed in such manner as may be prescribed.

(3) If the Municipal Commissioner or the Executive Officer, declines to remove a shaft or pipe when so required by the owner of the premises, building or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 524 tree, upon or to which the same has been erected or affixed, in accordance with the rules made in this behalf, the owner may within fifteen days of the receipt by him of the reply of the Municipal Commissioner or the Executive Officer apply to the competent court for an order that the same be removed.

(4) In the hearing and the disposal of the application under sub- section (3), the competent court shall follow such procedure as may be prescribed, and the order passed by the competent court shall be final and binding upon the parties.

(5) Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain or cesspool intended to be ventilated, the Municipal Commissioner or the Executive Officer, shall, so far as practicable, reinstate and make good such building, and fill in and make good such land, at the charge of the Municipal Fund.

229. Construction of water closets and privies –

(1) It shall not be lawful to construct any water-closet or privy for any premises except with such terms not being inconsistent with rules or regulations for the time being in force, as the municipality may prescribe.

(2) In prescribing any such terms, the Municipal Commissioner or the Executive Officer, may determine in each case —

(a) whether the premises shall be served by the water-closet or by the privy system, or partly by one and partly by the other; and

(b) what shall be the site or position of each water-closet or privy.

(3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1), the Municipal Commissioner or the Executive Officer, may after giving ten days notice to the owner or occupier of such premises, close such water-closet or privy and alter or demolish the same, and the expenses incurred by the municipality in so doing shall be paid by such owner or occupier or by the person offending.

230. Water-closets and other accommodation in building newly erected or re-erected –

(1) It shall not be lawful to erect or to re-erect or convert any building for, or intended for human habitation at or in which labourers or workmen are to be employed, without such water-closet or privy accommodation and such urinal accommodation and accommodation for bathing or for the washing >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 525 of clothes and domestic utensils of such building as the Municipal Commissioner or the Executive Officer, may prescribe.

(2) In prescribing any such accommodation the Municipal Commissioner or the Executive Officer, may determine in each case –

(a) whether such building or work shall be served by the water-closet or by the privy system, or partly by one and partly by the other;

(b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.

(3) In determining the accommodation to be required under sub-section (2) the Municipal Commissioner or the Executive Officer, shall have regard to the necessity of providing adequate and suitable water-closet or privies and bathing places for the domestic servants employed by the occupants of the building.

231. Public necessities - The municipality shall provide and maintain in proper and convenient situations water-closet, latrines, privies and urinals and other similar conveniences for public necessities.

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Where this provision sits

ActJharkhand Municipal Act 2011
Section227
Marginal notePremises not to be erected without drains
JurisdictionState of Jharkhand
StatusIn force as published by the source

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