section 188
Application by owners and occupiers to drain into municipal drain.
The Jammu and Kashmir Municipal Corporation Act, 2000Infrastructure2000446 sections
Statutory text
- (1) Subject to such conditions as may be prescribed by bye-laws made in this behalf the owner or occupier of any premises having a private drain, or the owner of any private drain within the municipal area may apply to the Commissioner to have his drain made to communicate with the drains and thereby to discharge foul water and surface water from those premises or that private drain : Provided that nothing in this sub-section shall entitle any person––
- (a) to discharge directly or indirectly into any Corporation drain :––
- (i) any trade effluent from any trade premises except in accordance with bye-laws made in this behalf ; or
- (ii) any liquid or other matter the discharge of which into Corporation drains is prohibited by or under this Act or any other law ; or
- (b) where separate Corporation drains are provided for foul water and for surface water to discharge directly or indirectly :––
- (i) foul water into a drain provided for surface water ; or
- (ii) except with the permission of the Commissioner surface water into drain provided for foul water ; or
- (c) to have his drains made to communicate directly with a storm water overflow drain.
- (a) to discharge directly or indirectly into any Corporation drain :––
- (2) Any person desirous of availing himself of the provisions of subsection (1) shall give to the Commissioner a notice of his proposal and at any time within one month after receipt thereof, the Commissioner may by notice to him refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage system and for the purpose of examining the mode of construction and condition of the drain he may, if necessary require it to be laid open for inspection.
- (3) The Commissioner may, if he thinks fit, construct such part of the work necessary for having a private drain made to communicate with the municipal drain as is in or under a public street and in such a case the expenses incurred by the Commissioner shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrears of tax under this Act.
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