2Municipal Commissioner may close or limit the use of existing private drains

§242

Summary

242. (1) Where a drain connecting any premises with a 1[Corporation] drain or other place lawfully set apart for the discharge drainage, even though such drain is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, is not, in the opinion of the 2[Municipal Commissioner], adapted to the general drainage system of the City or of the part of the City in which such drain is situated, the 2[Municipal Commissioner] may- (a) subject to the provisions of sub-section (2), close, discontinue, or destroy the said drain and after notice to the owner or occupier of the premises, cause any work necessary for that purpose to be done ; (b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only, or for rainwater only or for unpolluted sub-soil water only, or for both rain-water and unpolluted sub-soil water only, and by written notice require the owner or occupier of the premises to make an entirely distinct drain for rain-water or unpolluted sub-soil water, or for both rain water and unpolluted sub soil water or sullage and sewage. (2) No drain may be closed, discontinued or destroyed by the 2[Municipal Commissioner] under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with any 1[Corporation] drain or other place aforesaid which the 2[Municipal Commissioner] thinks fit ; and the expense of the construction of any drain so provided by the 2[Municipal Commissioner] and of any work done under the said clause shall be paid by the 2[Municipal Commissioner].

242. (1) Where a drain connecting any premises with a 1[Corporation] drain or other place lawfully set apart for the discharge drainage, even though such drain is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, is not, in the opinion of the 2[Municipal Commissioner], adapted to the general drainage system of the City or of the part of the City in which such drain is situated, the 2[Municipal Commissioner] may- (a) subject to the provisions of sub-section (2), close, discontinue, or destroy the said drain and after notice to the owner or occupier of the premises, cause any work necessary for that purpose to be done ; (b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only, or for rainwater only or for unpolluted sub-soil water only, or for both rain-water and unpolluted sub-soil water only, and by written notice require the owner or occupier of the premises to make an entirely distinct drain for rain-water or unpolluted sub-soil water, or for both rain water and unpolluted sub soil water or sullage and sewage. (2) No drain may be closed, discontinued or destroyed by the 2[Municipal Commissioner] under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with any 1[Corporation] drain or other place aforesaid which the 2[Municipal Commissioner] thinks fit ; and the expense of the construction of any drain so provided by the 2[Municipal Commissioner] and of any work done under the said clause shall be paid by the 2[Municipal Commissioner].

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