(1 ) If, at any time, it appears to the State Government that any drainage works or sewerage works, are maintained or worked by a Municipality in an imperfect, inefficient or unutilised manner, the State Government may, by Use of public drain by private owners.
De~nolition of unauthorised drain.
C o m b i n e d d r a i n a g e s for group of buildings.
Power to enforce drainage of undrfiined premises.
Power of the State Government to take control of certain drainage work.
written orders , direct the Municipality or other local authority within the period specifjed in the order to show cause why the drainage works or sewerage works with all plants, fittings and appurtenances thereof should not be handed over for such period as the State Government may fix to the control and management of such agency as may be specified in the order.
(2) If cause is not shown within the period specified in the order issued under sub-section (I) or the cause shown appears untenable, the State Government may, by order, direct that the drainage works or sewerage works with all plants, fittings and appurtenances thereof shall be handed over for such period as it may fix to the control and management of such person or authority as it may appoint.
(3) The cost of control and management including that of all materials, implements, and stores, shall be paid within such period as may fixed by the State Government from the Municipal Fund.
Encroachment 166. ( 1 ) No person shall encroach upon drainage and sewerage system in of Municipa- the municipal area; Provided that the Municipality may give consent to any lities drain. such construction only for the purpose of securing access to any aboutting land or building on such conditions as the Municipality inay think fit to impose.
( 2 ) The Chairperson may, without notice, cause to be removed or altered , any building, well , fence or structure constructed in contravention of the provisions of this section or any unauthorised encroachment, whatsoever at any time for reasons to be recorded in writing.
(3) The Chairperson by written notice may require any person to pull down or otherwise deal with any building fencing, wall or structure or any encroachment whatsoever constructed or erected in contravention of sub-section (1) , and the expenses is doing so shall be paid by the person at whose instance the unau thorised construction or encroachment was made.
(4) Any person who acts in contravention of the provisions of this section shall, on conviction , be punished with a fine which may extend to two thousand rupees and, in the case of continuing offience, with further fine which may extend to one hundred rupees for every day during which all expenses that the Municipality may in removing or otherwise dealing with the unauthorised construction or encroachment incurs.
167. The State Government may make rules to provide for- Power to make rules.
(a) the preparation of plans and estimates for the introduction of a system of drainage or sewerage, where such work or system is to be partly or wholly constructed or carried out at the expenses of the Municipality .
(b) the power of the Municipality or the State Government in the matter of sanction to such plans and estimates and responsibilities for financing and execution ;
(c) the size and other particulars of drains, sewerage or channels to be constructed or laid for drainage or sewerage ;
(d) the manner in which connection with the drainage or sewerage system shall be constructed altered or maintained, the fees to be levied for such connections and the person by whom such fees shall be payable, and the agency to be employed for such construction, a1 teration or maintenance ;
(e) the i tems of trade affluents or noxious chemicals which may not ordinarly be passed into Municipal drains, or the mode of treatment of such chemicals before they can be so passed, or such other steps as may be necessary to control environmental pollution arising out of such chemicals;
(0 any other matter ralating to the drainage or sewerage in respect of which this Act makes no provision or makes insufficient provision and further provision is, in the opinion of State Government , necessary.
168. The Municipality, with the approval of the State Government, may POW,, to make make regulations - regulations.
(a) requiring every person who intends to construct, repair, add to or alter a house-drain of cess-pool, to submit and application to the Municipality with such plans and other particulars as may be determined, and providing for conditions for giving and refusing of sanction to such application ;
(b) providing for the materials, size, slope, level or position of drain generally and their construction, repair and maintenance ; and
(c) to provide for any item not specifically laid down but which is necessary to carry out the purpose of this Act.
CHAPTER XI SOLID WASTS Functions in relation to solid Wastes C 0 1 l e c t i n 169. For the purpose of securing efficient scavenging and cleansing of all removal. streets, public places and premises within a Municipal Area, the Municipality shall make adequate arrangements for collection, removal and disposal of solid wastes.
Provision for 170. The Municipality shall provide in proper and convenient situations different receptacles, depots and places for the temporary deposits of - deposits.
(a) Rubish,
(b) Offensive Matter,
(c) Trade Refuse,
(d) Carcasses of Dead Animals,
(e) Excrementitious and polluted Matter.
Duties of 17 1. It shall be duty of the owners or the occupiers, as the case may be, of Ownwers Or all premisesoccupiers to collect and deposit rubish. (a) to have the premises swept and cleaned.
(b) to cause all rubish and offensive matters to be collected from their respective premises and to be deposited, at such time as may be specified in public receptacles, depots or places provided by the Municipality.