All municipal drains and sewers, all sewage disposal works and all works, materials and things appertaining thereto, shall be under the control of the Municipality.
245. Power of drains,-
(1) The Chief Officer of a Municipality may carry any municipal drain through, across or under any street or under any street or any place laid out as or intended for a street or under any cellar or vault, which maybe 354 under any street and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the municipal area or for the purpose of out-fall or distribution of sewage outside the municipal area of the municipality
(2) The Chief Officer may enter upon the construct any new drain in the place of an existing drain in any land wherein any municipal drain has been already lawfully constructed, or repair or alter any municipal drain so constructed.
246. Alternation and discontinuances of drains,- The Municipality may enlarge, alter the course of lessen arch over or otherwise improve any municipal drain within the municipal area of the Municipality and may discontinue, close up or destroy any such drain which has, in its opinion, become useless or unnecessary, or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:
Provided that if, by reason of anything done under this section, any person is deprived of the lawful use of any drain, the Municipality shall, as soon as may be, provide for his use, some other drain, as effectual, as the one, which has been discontinued, closed up or destroyed or the use of which has been prohibited.
247. Cleaning drains.
(1) The Municipal drains shall be so constructed, maintained and kept by the Municipality as to create the least practicable nuisance and shall, from time to time, be properly flushed, cleansed and emptied.
(2) For the purpose of flushing, cleansing and emptying the said drains the Municipality may, construct or set up such reservoirs, sluices, machines and other works, as it may from time to time, determine.
248. Certain matters not to be passed into municipal drain,-
(1) No person shall throw, empty or turn into any municipal drain or into drain communicating with a municipal drain,-
(a) Any matter likely to damage the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or
(b) Any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade being refuse or steam which, or a liquid which when so heated, is either alone or 355 in combination with the contents of the drain, dangerous or the cause of a nuisance, or prejudicial to health; or
(c) any petroleum Class 'A' petroleum Class 'B' or petroleum Class 'C'
(2) In this section, expression petroleum Class 'A' petroleum Class 'B' or petroleum Class 'C', has the same meaning as it has in the Petroleum Act,- 1934 (Act 30 of 1934).
249. Application by owners and occupiers to drain into municipal drains,-
(1) Subject to such conditions, as maybe laid down in the regulation made in this behalf, the owner or occupier of any premises having a private drain or the owner of any private drain or the owner of any private drain within the municipal area may app ly to the Chief Officer of a Municipality to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface form those premises;
Provided that nothing in this sub-section shall any person,-
(a) To discharge directly or indirectly into any municipal drain any trade effluent from any trade premises except in accordance with the provision of this Act or any liquid or other matter, the discharge of which into municipal drains, is prohibited by or under this Act or any other law for the time being in force; or
(b) Where separate municipal drains are provided for foul water and for surface water, to discharge directly or indirectly,-.
(i) Foul water into a drain provided for surface water; or
(ii) Except with the permission of the Chief Officer, surface water into drain provided for foul water; or
(c) To have his drain made to communicate directly with a storm water overflow main.
(2) Any person desirous of availing himself of the provisions of sub-section
(1), shall give to the Chief Officer notice of his proposals, and at any time within one month after receipt thereof, the Chief Officer shall grant, permission or, by notice to him, refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage system, and for the purpose of examining the mode of construction and conditions of the drain he may, if necessary, require it to be laid open for inspection.
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(3) The Chief Officer may, if he thinks fit, construct such p art of the work necessary for having a private drain made to communicate with a municipal drain, as is in or under a public Street and in such a case the expenses incurred by the Chief Officer, shall be paid by the owner or occupier of the premises, or, as the case maybe, by the owner of the private drain, and shall be recoverable from the owner or occupier as an arrear of tax under this Act.
(4) The cost recovered by the Municipality from the owner or occupier of any premises for constructing the work, necessary for making a private drain to communicate with a municipal drain shall be spent only for the works relating to the municipal drains.
250. Drainage of undrained premises,-
(1) Where any premises are, in the opinion of the Chief Officer of a Municipality, without sufficient means of effectual drainage and a municipal drain, or some place approved by him for the discharge of sewage and other polluted and obnoxious matter, is situated at a distance, not exceeding thirty meters from any part of the said premises, he may, by a written notice, require the owner of the said premises,-
(a) To construct a drain emptying into such municipal drain or place
(b) To provide and set up all such appliances and fittings, as may appear to the Chief Officer to be necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the same premises and of effectually such drain and every fixture connected therewith;
(c) To remove any existing drain or other appliances or thing used to intended to be used for drainage which is injurious to health;
(d) To provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health;
(e) To provide and set up all such appliances and fittings, as may appear to the Chief Officer to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts by down-take pipe, so as to prevent such waste from discharging directly on streets or inside any lower portion of the premises; and 357
(f) To carry out any work to improve or re-model and existing drain which is inadequate, insufficient or faulty.
(2) Where in any case, not provided for in sub-section (1), any premises are, in the opinion of the Chief Officer, without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises,-
(a) To construct a drain up to a point to be specified in such notice, but not at a distance of more than thirty meters from any part of the premises; or
(b) To construct a closed cesspool or soakage pit and drain under subsection (2), may contain any of the details specified in sub-section
(1).
(3) Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub- section (1).
251. Premises not to be erected without drains,
(1) It shall not be lawful to erect or re-rect any premises in the municipal area or to occupy any such premises unless:-
(a) a drain is constructed of such size, materials and descriptions at such level and with such fall, as may appear to the Chief Officer to f Municipality to be necessary for the effectual drainage of such premises;
(b) there have been provided and set upon such premises such appliances and fittings, as may appear to the Chief Officer to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from the conveying the same of, the said premises and of effectually flushing the drain of the said 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 metres from the premises but if no municipal drain is situated within that distance then such drain shall empty into a cesspool situated within the distance to be specified by the Chief Officer for the purpose.
252. Power to drain group or block of premises by combined operation,-
(1) Where the Chief Officer of a Municipality is of the opinion that any group or block of premises maybe drained more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within thirty 358 metres of any p art of that group or block of premises, the Chief Officer may, cause that group or block of premises to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section (1), in respect of any group or block of premises, shall be paid by the owners of such premises in such proportions, as the Chief Officer may deteimine and shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days before any such work is commenced, the Chief Officer shall give to each such owner:-
(a) a written notice of the proposed work; and
(b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him.
(4) The owners for the time being of the several premises constituting a group or block, drained under sub-section (1), shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premises, and shall in proportions in which it is determined that the owners os such premises are to contribute to the expenses incurred under sub-section (1), be responsible for the expenses of maintaining every such drain in good repair and efficient condition:
Provided that every such drain shall from time to time be flushed, cleansed and emptied by the Chief Officer and the cost of such work maybe recovered from the owners concerned.
253. Power to close or limit the use of 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 otherwise unobjectionable, but is not, in the opinion of the Chief Officer of Municipality adopted to the general system of drainage in the municipal area, 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 purposes be done; or
(b) that such drain shall, from such date, as maybe specified in the notice in this behalf, be used for sewage offensive matter and polluted water only or for rain water and unpolluted sub soil water only:
Provided that,-
(1) no drain maybe closed, discontinued or destroyed by the Chief Officer under clause (a), except on condition of his providing 359 another drain equally effectual for the drainage of the premises and communicating with any municipal drain, which he thinks fit; and
(ii) the expenses of construction of any drain so provided by the Municipality, and of any work done under clause (a), maybe paid out of Municipal Fund of the Municipality.
254. Use of drain by a person other than owner,-
(1) Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner may, with the prior approval of the Chief Officer of the Municipality, make a private arrangement with the owner for permitting his use of the drain or may apply to the Chief Officer for authority to use such drain or to be declared joint owner thereof.
(2) Where the Chief Officer either on receipt of an application under subsection (1), 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 Chief Officer 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.
(3) Where no cause is shown within the specified period or the cause shown appears to the Chief Officer invalid or insufficient, the Chief Officer, may, by an order in writing, either authorise the owner of the premises to use the drain or declare him to be thejoint owner thereof.
(4) An order made sub-section (2), may contain direction as to,-
(a) the payment of rent or compensation by the owner of the premises
(b) the construction of 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; and
(d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.
225. Obligation of owners of drains to allow use or joint ownership to others.- Every owner of a drain connected with a municipal drain or other place legally set apart for the discharge of drainage, shall be bound to allow the use of it to others or to admit other persons as joint owners thereof, as referred to in sub-section (3) of Section 254 360
256. Sewage and rain water drains to be district.
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 Chief Officer of a Municipality to require that there shall be one drain for sewage, offensive matter and polluted water and an entirely distinct drain for rain water or unpolluted sub-soul water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable p laces.
257. Power to require owner to carry out certain works.
For the purpose of efficient drainage of any premises the Chief Officer of a Municipality may be notice in writing,-
(a) require any courtyard, alley or passage between two or more buildings to be paved b y the owner or owners of such buildings with such materials and in such manner, as may be approved by the Municipality; or
(b) require such the level of such courtyard, alley or passage to be raised; or
(c) require such paving to be kept in proper repair.
258. Special provision relating to trade effluent, - Subject to the provisions of this Act and the regulations made thereunder and of any other law for the time being in force, the occupier of any trade premises may with the approval of the Municipality or, in so far as may be permitted by this Act or the regulations made thereunder or any other law for the time being in force, without such approval, discharge into the municipal drains any trade effluent proceeding form those premises.
259. Special provision regarding drainage of trade effluent,- Notwithstanding anything contained in this Act or the regulations made thereunder or any usage, custom or agreement, where in the opinion of the Chief Officer of a Municipality, any trade premises are without of the Chief Officer of a Municipality, any trade premises are without sufficient means of effectual drainage and treatment of trade effluent or the drains thereof, though otherwise unobjectionable, are not adopted to the general drainage system of the municipal area, or the effluent is not of specified purity, the Chief Officer may be written notice require the owner or occupier of such premises,-
(a) To discharge the treated trade effluent in such manner, at such times, through such drains and subject to such conditions, as may be specilied in the notice and to cease to discharge the trade effluent otherwise than in accordance with the notice.
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(b) To purify the trade effluent before its discharge into a municipal drain and to set up for purifying the trade effluent such appliances,, apparatus, fittings and plant, as maybe specified in the notice.
(c) To construct a drain of such material, size and description and laid at such level and according to such alignment and with such fall and outlet, as may be specified in the notice.
(d) To alter, amend, repair or renovate any purification plant, existing drains, apparatus, plant. fitting or article used in connection with any municipal or house-drain.
260. Position of cesspool,-
(1) No person shall construct a cesspool,-
(a) beneath any part of any building or within fifteen metres of any tank, reservoir, water-course or well;
(b) upon any site or in any position in the municipal area of a municipality, which has not been approved by the Chief Officer of the Municipality; or
(c) Upon any site in any position outside the municipal area, which has not been so approved and is situated within ninety meters of any reservoir used for the storage of wholesome water to be supplied to the municipal area.
(2) The Chief Officer may, at any time by written notice, require any person within whose premises any cesspool is constructed in contravention of sub-section (1), to remove such cesspool or to fill it up with such material, as may be approved by him.
261. Filth
(1) No person shall within the area of a Municipality construct any housedrain, urinal or other receptacle, not being a cesspool, for sewage or offensive matter within fifteen metres of any tank, well or water-course or any reservoir for the storage of water, unless he first satisfies the Chief Officer of the Municipality that he will take such action, as will prevent any risk of sewerage or offensive matter passing by percolation or otherwise into such tank, well, water-course or reservoir.
(2) The Chief Officer may, at any time by a written notice, require any person within whose premises is situated, within fifteen meters of any tank, well, water-course or reservoir for the storage of water, any receptacle mentioned or referred to in sub-section (1), to remove such receptacle.
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(3) The provisions of this section shall also apply to any such receptacle outside the municipal area, which is constructed or situated within fifteen metres of any reservoir used for the storage of wholesome water to be supplied to the municipal area.
262. Construction of septic tank and sanitary privies and urinals in answered areas,- Subject to the provisions of section 263 and suchregulations, as may be made by the Municipality in this behalf, the Chief Officer of the Municipality may, permit in any answered area, the construction of septic tanks and sanitary privies and urinals connected with such septic tanks;
Provided that no such permission shall be granted unless in the opinion of the Chief Officer, there is sufficient open space available for the site of such septic tank;
Provided further that the disposal from septic tank shall be such as not to pollute ground water.
Provided further that the Chief Officer shall require that there is adequate supply of water in overhead reservoir constructed for the purpose to flush the proposed privies urinals.
263. Connection with water-works mains and drains not to be made without permission,- Without the written permission of the Chief Officer of a Municipality, no person shall for any purpose whatsoever, at anytime, make or cause to be made any connection or communication with any drain referred to in section 244 or any water-works or mains constructed or maintained by, or vested in, the Municipality.
264. Buildings etc. Not to be erected or constructed without permission,-
(1) Without the permission of the Municipality, 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 Municipality.
(2) If any railway or private street is constructed or any building, wall, fence or structure erected on any drain or water-works as aforesaid, without such permission of the Municipality, the Chief Officer may remove or otherwise deal with the same as he may think fit.
(3) The expenses incurred by the Chief Officer in so doing shall be paid by 363 the owner of the private street or of the building, fence, wall or other structure or as the case maybe, by the railway administration or ? and shall be recoverable as an arrears of tax
265. Rights of user of property for aqueducts, lines etc,-
(1) The Chief Officer of a Municipality may, place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under along or across any immovable property whether within or outside the local limits of the municipal area of a Municipality without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes of drains, after giving a reasonable notice of his intention so to do, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes or drains have been placed:
Provided that the Municipality shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains ' or pipes, or drain is placed.
(2) The powers conferred by sub-section (1), shall not be exercisable in respect of any property vested in the State Government or under the control or management of the Government of India or railway administration vested in any local authority, save with the permission of the State Government, or Government of India or railway administration or the local authority, as the case may be, and in accordance with any regulations made in this behalf:
Provided that the Chief Officer may, without such permission, repair, renew or amend any existing works of which the character or position is not to be altered, if such repair, renewal or amendment is urgently necessary in order to maintain without interruption, the supply of water, drainage or disposal of sewage or is such that any delay would be dangerous to health, human, life or property.
(3) In exercise of the powers conferred upon him by this section the Chief Officer shall cause as little damage and inconvenience, as may be possible and shall make full compensation for any damage or inconvenience caused by him.