Amendment status not verified — confirm the current text below against the official source.
Prohibition of corruption of water by chemicals, etc.— (1) No person engaged in any trade or manufacture specified in Schedule M shall— (a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the corporation or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid; (b) wilfully do any act connected with any such trade or manufacture as aforesaid, whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place for water is fouled or corrupted. (2) The Commissioner may, after giving not less than twenty-four hour’s previous notice in writing to the owner or to the person who has the management or control of any works, pipes or conduits, connected with any such manufacture or trade as aforesaid, lay open and examine the said works, pipes or conduits; and if, upon such examination, it appears that sub-section (1) has been, contravened by reason of anything contained in or proceeding from the said works, pipes or conduits, the expenses of such laying open and examination and of any measure which the Commissioner shall, in his discretion, require to be adopted for the discontinuance of the cause of such contravention, shall be paid by the owner of the said works, pipes or conduits, or by the person who has the management or control thereof, or through whose neglect or fault the said sub-section has been contravened; but if it appears that there has been no contravention of the said sub-section, that said expenses and compensation for any damage occasioned by the said laying open and examination shall be paid by the Commissioner. 2[396. Powers of inspection, etc., of premises where licensable articles are kept or trade, process or operation carried on or where prohibited articles are kept.— (1) The Commissioner may at any time, by day or by night, without notice, enter into or upon, and inspect or examine, any premises used or likely to be used for the purposes mentioned in section 394 or 394-A, and upon any premises in which a furnace is employed for the purpose of any trade, process or operation, and into any bakehouse, and take samples if need be by breaking open the container or call upon any person who may be keeping or suffering or allowing the keeping of any article or carrying on or allowing to carry on any trade, process or operation to give samples of the article kept or products of the trade, process or operation, in order to, satisfy himself as to whether any provision of this Act or any regulation or bye-law or notification made or issued thereunder or any condition of a licence granted under this Act has been or is being contravened, and as to whether any nuisance is created, or is likely to be created upon such premises. (2) Every person in charge, whether as principal, agent, clerk, master, servant, workman, handicraftsman, watchman or otherwise of any premises where any article requiring a licence under section 394 or any article prohibited under section 394-A is kept or likely to be kept, or where any trade, 1 These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 159. 2 Section 396 was substituted for the original by Mah. 32 of 1962, s. 3. 320 The Mumbai Municipal Corporation Act [1888 : III process or operation requiring a licence under section 394 is carried on or likely to be carried on, shall, whenever required by the Commissioner, either verbally or in writing, keep the premises open for his inspection and exercise of the other powers conferred on him by sub-section (1). (3) No claim shall lie against any person for compensation for any damage in good faith and necessarily caused by the exercise of any of the powers conferred by sub-section (1) or by the use of any force reasonably necessary for the effective exercise of such powers: Provided that, force shall not be used for the purpose aforesaid unless when there is reason to believe that an offence is being committed against some provisions of this Act or some regulation or bye-law or notification made or issued thereunder.]