section 168
Commissioner may close or limit the use of existing private drains.
The Gujarat Provincial Municipal Corporations Act, 1949(1) Where a drain connecting any premises with a municipal drain or other place legally set apart for the discharge of drainage, though sufficient for the effectual drainage of the said premises and othewise unobjectionable, is not, in the opinion of the Commissioner, adapted to the general drainage system of the City or of the part of the City in which such drain is situated, the Commissioner may (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; (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 required the owner or occupier of the premises, to make an entirely distinct drain for rainwater or unpollutted sub-soil water or for both rainwater and unpolluted sub-soil water, or for sullage and sewage. (2) No drain may be closed, discontinued or destroyed by the Commissioner under item (a) in sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with any municipal drain or other place aforesaid which the Commissioner thinks fit; and the expense of the construction of any drain so provided by the Commissioner and of any work done under the said item shall be paid by the Commissioner. (3) Any requisition made by the Commisioner under item (b) of sub-section (1) may embrance any detail specified in item (a) or (b) in section 164. (b) be provided with all such further appliances and fittings as may appear to the Commisioner 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, cleansed and emptied by the Commissioner at the charge of the Municipal Fund.
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