(1) If it appears to the Chief Officer of a Municipality 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 364 immovable property of another person, the Chief officer may, by order in writing, authorise the owner of the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property:
PrOvided that before making any such order, the Chief Officer shall, give to the owner of the immovable property, a reasonable opportunity of showing cause within such time, as may be specified by regulations 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 sub-section (1), the owner of the premises may, after giving reasonable notice of his intension 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 good at his own cost and with the least practicable delay, any land opened, broke up or removed for the purpose ofplacing or carrying such pipe or drain; and
(c) pay compensation to be 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, desire to erect any building on such property, the Chief Officer shall, by notice in writing, require the owner of the premises to lose, 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 Chief Officer it is necessary or expedient for the 365 construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted.
267. Requirement to inform certain cases,- If the Municipality desires to place or carry any pipe or drain or do any other work connected with the water supply for drainage across any railway line, it shall inform the railway administration, who may execute the same at the cost of the Municipality.
268. Power to execute work,-
(1) When under the provisions of this Act, any person maybe required or is liable to execute any work in relation to water supply, drainage and sewerage within the municipal area of a Municipality, the Chief Officer of the Municipality may, in accordance with the provisions of this Act and of the regulations made in this behalf cause such work to be executed after giving such person an opportunity of executing the same within such time, as maybe specified by him for this purpose
(2) The expenses incurred or likely to be incurred by the Chief Officer in the execution of any such work, shall be payable by the said person and the expenses incurred by the Chief Officer 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 therefor as an arrears of tax under this Act.
269. Power to affix shafts etc., for ventilation,- For the purpose of ventilating any drain or cesspool whether vested in the Municipality or not, the Chief Officer of the Municipality may, in accordance with the regulations 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.
270. Power to examine and test drains,_
(1) Where it appears to Chief Officer of a Municipality that there are reasonable grounds for believing that within Municipal area of a Private drain or cesspool is in such condition, as to be prejudicial to health or 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 366 examine condition, and for that purpose may apply any test other than a test by water under pressure, and if he deems it necessary may open the ground.
(2) If on examination, the drain or cesspool is found to be in proper condition, the Chief Officer shall, as soon as possible, reinstate any ground, which has been opened by him and make good any damage done by him.
271. 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 Municipality, shall be carried out on behalf of the Municipality by the Government, and Municipality shall pay to the Government the charges therefor at the rates and subject to the terms for the time being applicable incase of works, constructed by the Government on behalf of a local authority.
272. Work to be done by licensed plumber,-
(1) The Municipality may grant license to any person processing such technical qualifications, as maybe prescribed to act as a licensed plumber.
(2) No person other than a licensed plumber, shall execute any work described in Chapter II and Chapter III of this Part and no person shall permit any such work to be executed except by a licensed plumber:
Provided that if, in the opinion of the Chief Officer of the Municipality, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber:
(3) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Chief Officer, the name of such plumber.
(4) When any work is executed, except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Chief Officer without prejudice to the right of the Municipality to prosecute under this Act the person at whose instance such work has been executed.
(5) The Municipality may, make regulations for the guidance of licensed plumbers and a copy of all such regulations shall be attached to every license granted to a plumber by the municipality.
367
(6) The Municipality may, from time to time, determine the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of the Act.
(7) No licensed plumber shall, for any work referred to in sub-section (6), demand or receive more than the charges determined therefor, under that sub-section.
(8) The Municipality shall make regulations 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 disposals 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.
(9) No licensed plumber shall contravene any of the regulations made under this Act or execute carelessly or negligently any work under this Act or make use of bad or inferior quality materials, appliances of fittings.
(10) If any licensed plumber contravenes sub-section (9), his license may be suspended or cancelled whether he is prosecuted under this Act, or not.
273. Prohibition of certain acts,-
(1) No person shall,-
(a) willfully obstruct any person acting under the authority of the Municipality or Chief Officer of the Municipality, 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 of ro the same purpose or
(b) Willfully or negligently break, damage, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Municipality or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert or take water from any water works belonging to the Municipality or any water course by which any such water-works is supplied; or
(d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage work belonging to the Municipality or break or damage any electrical transmission line maintained by the Municipality; or 368
(e) throw any material including plastic bags and containers or waste of dairies, piggeries and poultry farms into any municipal drain or sewer or
(f) Obstruct any officer or other employee of the Municipality in the discharge of his duties under Chapter II, Chapter III of this Part or refuse or willfully 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; or
(g) bathe in, at or upon any water-works or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water works so 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-works, or do any other act, whereby the water in any water-works is fouled or likely to be fouled.
(2) Nothing in clause (b) of sub-section (1), shall apply to 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
274. Sewerage charge and sewerage cess,-
(1) The Municipality shall levy sewerage charges on the owners of premises for connection of premises to sewerage mains at such rate, as the Government may, from time to time fix.
(2) Where the owner of any premises in a locality where sewer is laid by the municipality has not taken connection from the sewerage mains, he shall be liable to pay a sewerage cess at such rate, as the Government may, from time to time, fix:
Provided that where the owner fails to pay the sewerage cess, the sewerage cess shall be realised from the occupier and the occupier shall been entitled to recover the amount from the owner.
(3) The connection of premises to sewerage mains shall be provided within a period of one month from the date of the receipt of the application from the owner of the premises.
(4) The charge received by the Municipality from the owner of the occupier, for connecting the premises to sewerage mains shall be spent only for the works relating to the sewerage system.
369
275.Entrustment and maintenance of sewerage works and billing and collection of sewerage works and billing and collection of sewerage charges.
The Municipality may, with the prior approval of the Government, entrust the work of operation and maintenance of sewerage works in the municipal area and the work of billing and collection of sewerage charges to any Government, statutory or private agency.
276. Municipal supply, sewerage and Drainage Code,-
(1) All private connections of premises to the service, mains of the Municipality for the supply of water thereto and all pipes, taps and other water-fittings, used for such supply, and all drains, pipes and appurtenances thereto, shall be made, maintained and regulated in accordance with and subject to such rules, as may be made in this behalf and such rules shall form a part of a Municipal Water Supply, Sewerage and Drainage Code
Provided that in making such rules, due regards shall be given to the relevant codes relating to water supply sewerage and drainage and other matters related thereto, published by the Bureau of Indian Standards, form time to time.
(2) The rules shall specify the requirements with which an owner, or a lessee or an occupier of any premises who desires to have a supply of water from the municipal water works or to connect to municipal drain shall comply.
(3) The rules shall provided for inspection of premises by the Chief Officer of a municipality to ascertain compliance with the provisions of subsection (1) ad for testing any water fittings, used in connection with water supplied by the Municipality.
(4) Notwithstanding anything contained in sub-section (1), sub-section (2) or sub-section (3), the Municipal Water Supply, Sewerage and Drainage Code shall include such rules, as may be made from time to time relating to the construction, maintenance, repair and alteration of drains, privies and urinal, cesspools and of appurtenance thereof and any other matter covered by Chapter II of Chapter III of this Part.
277. Collection, removal disposal of solid wastes,- For the purpose of securing the efficient scavenging and cleaning of all streets, public places and premises in the municipal area of a Municipality, the Municipality shall undertake the functions of collection, removal and disposal of solid wastes.
370
278. Cleaning of streets and removal of solid wastes,-
(1) The Chief Officer of a Municipality shall take measures for securing,
(a) the surface-cleaning of all streets in the Municipal area and removal of sweeping therefrom;
(b) the removal of the comments of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of rubbish, trade refuse, carcasses of dead animals, filth and excrementitious and polluted matter;
(c) the removal of special wastes and hazardous wastes and other solid wastes from hospitals and other premises;
(d) removal of wastes generate by bulk producer and from multistoried buildings.
(2) The Chief Officer may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1), may be removed along a street or may be deposited or otherwise disposed of,
279.Provisions for appointment of receptacles, depots and places for rubbish, etc,-
(1) The Chief Officer of a Municipality shall,-
(a) provide or appoint in proper and convenient situations within the municipal area of the Municipality public receptacles, depots or places for the temporary deposit of-
(i) rubbish
(ii) offensive matter
(iii) filth
(iv) trade refuse
(v) carcasses of dead animals
(vi) excrementitious matter
(vii) plastics and plastic material
(viii) bio-medical waste
(ix) other polluted and obnoxious matters.
And for the final disposal of such rubbish, offensive matter, filth, trade refuse, car-casses of dead animals, excrementitious matter, 371 plastics and plastic material, bio-medical waste and other polluted and obnoxious matters:
(a) provided in the municipal area dustbins or the temporary deposit of rubbish;
(b) provide vehicles or other suitable means fort the removal of rubbish and offensive matter; and
(c) provide covered vehicles or vessels for the removal of rubbish, offensive mater, filth, trade refuse, carcasses if dead animals, excrementitious matter, plastics and plastic material, bio medical waste, and other polluted matters.
(2) Different receptacles, depots or p laces may be provided or appointed for the temporary deposit or final disposal of any of the matters specified in sub-section (1).
(3) The Chief Officer shall make adequate provisions for preventing receptacles, depots, dustbins, vehicles and vessels referred to in subsection (1) from becoming sources of nuisance.
(4) The Municipality may construct, acquire, operate, maintain, develop or manage any garage or work, for proper maintenance of vehicle or vessels or means for removal of solid wastes under sub-section (1).