Commissioner may authorize person other than the owner of a drain to use the same or declare him to be a joint owner thereof

Commissioner may authorize person other than the owner of a drain to use the same or declare him to be a joint owner thereof.-

1. (1) Where the Commissioner is of opinion whether on receipt of an application or otherwise, that the most convenient means by which the owner or occupier of any premises can drain such premises is through a drain belonging to some person other than the said owner or occupier, the Commissioner shall give the owner of the drain a reasonable opportunity of stating his objection thereto, and if no objection is raised or if any objection which is raised appears to him invalid or insufficient, may, by an order in writing, authorize the said owner or occupier to use the drain or declare the said owner to be a joint owner thereof, on such conditions as may appear to him equitable with regard to the payment of rent or compensation and to connecting the drain of the said premises with the communicating, repairing, flushing and cleaning the joint drain.
2. (2) Every such order, bearing the signature of the Commissioner, shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order, and otherwise fulfilling, as far as possible, the conditions of the said order and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situated with assistants and workmen, at any time between sunrise and sunset and, subject to the provisions of this Act, to do all such things as may be necessary for-
   • (a) connecting the two drains; or
   • (b) renewing, repairing or altering the connection; or
   • (c) discharging any responsibility attaching to the person in whose favour the Commissioner‘s order is made for maintaining, repairing flushing or cleaning the joint drains or any part thereof.
3. (3) In respect of the execution of any work under sub-section (2), the person in whose favour the Commissioner order is made shall be subject to the same restriction and liabilities as are specified in sub-sections
4. (3) and
5. (5) of section 205.