Amendment status not verified — confirm the current text below against the official source.
After sub-section (2) of section 144 of the principal Act, the following sub-sections shall be inserted:— "(3) (a) The Commissioner or any officer authorised by him in this behalf may— (i) inspect and examine any house-drain, ventilation shaft or pipe, cesspool, house-gully, privy, urinal, or bathing or washing place existing in, or any pipe, tap fitting or meter for supply of water to, any premises; and if necessary for the purpose of such inspection and examination, cause the ground or any portion of any house-drain or other work exterior to a building or any portion of a building to be opened, broken up or removed: Provided that in the course of any such inspection and examination as little damage as possible shall be done. (b) Any ground or any portion of any house-drain or other work exterior to a building or any portion of a building opened under sub-clause (ii) of clause (a) shall be filled in, reinstated and made good by— (i) the owner of the premises at his own cost, where the works or things mentioned in sub-clause (i) of clause (a) are found on inspection and examination to be not in good order or condition or constructed in contravention of any of the provisions of this Act or any rules or regulations made there under or of any other law for the time being in force, and (ii) the Commissioner, in other cases. (n) PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 3 The Howrah Municipal Corporation (Amendment) Act, 2024. Insertion of new sections after section 171. (Section 5.) (c) Where the owner of any premises raises any dispute as to the existence of any of the circumstances referred to in sub-clause (i) of clause (b), he may, within thirty days from the date of inspection and examination, make a written representation to— (i) the Commissioner, in cases where the inspection and examination is done by any officer of the Corporation other than the Commissioner, (ii) the Mayor, in other cases, and the decision of the Commissioner or the Mayor, as the cane may be, shall be final. (4) When the result of inspection and examination is described in clause (b) of sub-section (3), 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, cesspool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situated 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 (ii) to renew, repair, cover, recover, trap, ventilate, pave and pitch, flush, cleanse or take such other action as the Commissioner may think fit to direct and to fill in, reinstate and make good 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 sewage, offensive matter or polluted water is carried through, from, into or upon any premises in contravention of any of the provisions of this Act, and may also, forthwith and without notice, clear, cleanse or open out any drain which is choked, blocked or in any way obstructed; and the expenses incurred by the Commissioner in so doing shall be paid by such owners or occupiers and shall be recoverable as an arrears of tax under this Act".