Amendment status not verified — confirm the current text below against the official source.
When the expenses of inspection and examination are to be paid by the owner.— But if it shall he found that any drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine or urinal 2[or bathing or washing place] so examined is not in good order or condition, or has been repaired, changed, altered or encroached upon, or, except when the same has been constructed by or under the order of the Commissioner if it has been constructed in contravention of any of the provisions of this Chapter or of any enactment at the time in force— the expenses of the inspection and examination shall be paid by the owner of the premises, and the said owner shall fill in, reinstate and make good the ground or portion of any building, drain or other work opened, broken up or removed for the purpose of such inspection and examination, at his own cost. 3[257. Commissioner may requires repairs, etc., to be made.— (1) when the result of such inspection and examination as aforesaid is as described in section 256, the Commissioner may— (a) by written notice require the owner of the premises or the several owners, of the respective premises in which the drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situate, or for the benefit of which the same has been constructed, erected or set up, (i) to close or remove the same or any encroachment thereupon or 4[subject to the proviso to clause (c) of section 258, to remove any projection over the same, or] (ii) to renew, repair, cover, recover, trap, ventilate, pave and pitch or take such other order with the same as he shall think fit to direct and to fill in, reinstate and make good the ground, building or thing opened, broken up or removed for the purpose of such inspection and examination, and (b) without notice, close, fill up or demolish any drain by which sullage or sewerage is carried through, from, into or upon any premises in contravention of any of the provisions of this Chapter, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or owners. (2) Any requisition under clause (a) of sub-section (1) in respect of any drain which has been constructed, erected or set-up, or which is continued for the sole use and benefit of a property or for the exclusive use and benefit of two or more properties, may include any extension thereof beyond such property or properties, if and so far as such extension has been constructed, erected or set-up, or is continued for the sole use and benefit of such property or properties]. 5[257A. Cost of inspection and execution of work in certain cases.— In the case of any drain which has been constructed, erected or fixed, or which is continued, for the exclusive use and benefit of two or more premises and which is not— (a) a drain constructed under section 232A, sub-section (1) or (b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under section 238, sub-section (1), the expenses of any inspection and examination made by the Commissioner under section 253 and of the execution of any work required under section 257, whether executed under section 260 or not, shall be paid by the owner of such premises, in such proportions, 6[as shall be determined by the Commissioner]. 1 These words were inserted by Bom. 5 of 1905, s. 32(2). 2 These words were inserted by Bom. 5 of 1905, s. 32(2). 3 Section 257 was substituted for the original section by Bom. 5 of 1905, s. 33. 4 These words were added by Bom. 8 of 1918, s. 8. 5 Section 257A was inserted by Bom. 5 of 1905, s. 34. 6 These words were substituted for the portion beginning with the words “as shall be determined” and ending with the words “does not exceed one hundred rupees” by Mah. 21 of 1989, s. 35. 234 The Mumbai Municipal Corporation Act [1888 : III General Provisions