Bare ActsThe Mumbai Municipal Corporation Act.

Section 233

Commissioner may close or limit the use of existing private drains

Amendment status not verified — confirm the current text below against the official source.

Commissioner may close or limit the use of existing private drains.— (1) Where a drain connecting any premises with a municipal drain 6[or other place legally set apart for the discharge of drainage] is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, but is not, in the opinion of the Commissioner, adapted to the general drainage system of 7[Brihan Mumbai] or the part of 8[Brihan Mumbai] in which such drain is situated], the Commissioner, with the approval of 9[the Standing Committee], may— 1 These words were substituted for the original words by Bom. 5 of 1905, s. 18(a). 2 Sub-section (2) was substituted for the orginal sub-section by Bom. 5 of 1905, 18(b). 3 Section 232A was inserted by Bom. 5 of 1905, s. 19. 4 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 99. 5 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 99. 6 These words were inserted by Bom. 5 of 1905, s. 14(1). 7 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 8 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 9 These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 100. 226 The Mumbai Municipal Corporation Act [1888 : III (a) subject to the provision of sub-section (2) close, discontinue or destroy the said drain and cause any work necessary for that purpose to be done; 1[(b) direct that such drain shall, from such date as he prescribes in this behalf be used for sullage and sewage only, or for rain-water 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 for sullage and sewage.] (2) No drain may he closed, discontinued or destroyed by the Commissioner under clause (a), except on condition of his providing another drain-as effectual 2[or the drainage of the premises and communication with any municipal drain for other place aforesaid] which the Commissioner thinks fit; and the expenses of the construction of any drain so provided by the Commissioner and of any work done under clause (a) shall be paid by the Commissioner. (3) Any requisition made by the Commissioner under clause (b) may embrace any detail specified in clause (a) or clause (b) of section 231. 3[233A. Vesting and maintenance of drains for sole use of properties.— Subject to the provisions of sub-section (2) of section 221 every drain which has been constructed. 4[laid], erected or set up, whether at the expenses of the corporation or not, or which is continued, for the sole use and benefit of any premises 5[or group of premises] shall— (a) notwithstanding anything contained in section 242, vest in the owner of such premises 6[or group of premises] on and from the thirtieth day of September 1905; and 7[(b) be provided with all such further appliances and fittings as may appear to the Commissioner necessary for the more effectual working of the same, and also be maintained in good repair and efficient condition by the owner of such premises or group of premises, and be from time to time flushed, cleaned and emptied by the Commissioner at the charge of the municipal fund.]

Section 233 – The Mumbai Municipal Corporation Act. | DailyLaw.ai