Chapter XVIII DRAINAGE AND SEWERAGE

The Municipality to provide drainage, sewerage, etc.:

Public drains, trunk-sewers etc. to vest in the Municipality Public drains, trunk-sewers etc. to vest in the Municipality:

1. (1) All public drains, and all drains in, alongside, or under any public street, whether made out of Municipal Fund or otherwise, and all trunk-sewers, sewage treatment plants, drainage and pumping stations and all works, materials and things appurtenant to the drainage system, which are situated within the municipal area, shall vest in the Municipality.
2. (2) For the purpose of enlarging, deepening or otherwise repairing or maintaining any drain as aforesaid, so much of the sub-soil appertaining to the drain as may be necessary shall be deemed to vest in the Municipality.
3. (3) The Municipality may, with the approval of the State Government, make over the trunk-sewers, sewage treatment plants, pumping station and other materials and things appurtenant thereto to any agency belonging to the Government or a statutory body, and it shall be lawful for such agency to exercise control over all such items for their maintenance and development.

Control of Board of Councillors over drainage:

1. (1) All drains, sewers, privies, water-closets, toilets, house-gullies, gutters and cesspools within the municipal area, whether private or public, shall be under the survey and control of the Board of Councillors.
2. (2) All covered drains, sewers and cesspools, whether public or private, shall be provided with proper taps, coverings or other means of ventilation; and the Chairman may, by written notice, call upon the owner of any such covered drains, sewers and cesspools to make provision accordingly.

Cleaning of drains: The Executive Council shall provide for the municipal drains to be cleansed, flushed and emptied from time to time.

Provision for treatment and disposal of sewage: The Executive Council may, for the purpose of receiving, treating, storing, disinfecting, distributing, or otherwise disposing of sewage, construct, operate, maintain, develop and manage any plant or other device within or outside the municipal area.

Construction or maintenance of drainage and sewerage systems etc.: Subject to the sanction of the State Government and the rules made in this behalf, the Board of Councillors, either singly or jointly with any other local authority, may, within or without a municipal area,-

1. (a) construct or maintain a system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations, or
2. (b) from time to time, alter the size and course of, or otherwise modify or discontinue, close up or remove, the system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations.

Power of Board of Councillors to lay or carry pipes through private and public land: The Board of Councillors may carry any drain, sewer or channel of any kind for the purpose of establishing or maintaining a system of drainage or sewerage upon, across, under or over any street or public place and, after giving a reasonable notice in writing to the owner or the occupier, upon, across, under, over or up the side of any private land or building whatsoever, situated within the limits of a municipal area, and, for the purpose of the outfall of sewage, or for drainage outfall, without such limits, and may, at all times, do all acts and things which may be necessary or expedient for repairing or maintaining any such drain, sewer or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used: Provided that in the case of sudden water-logging of any area within a municipal area or any nuisance, the Executive Council may, if considered necessary so to do in the interest of public health and convenience, take such action as is necessary for draining out the water upon, across, under, over or up the side of any private land or building within a municipal area without prior service of any notice on the owner or the occupier of such land or building: Provided further that reasonable compensation shall be paid to the owner or the occupier sustained by him in consequence of any act or thing done by the Board of Councillors or any action taken by the Executive Council under this section.

Use of public drains by private owners: The owner or the occupier of a building or land shall be entitled to cause his drains to empty into the municipal drains after obtaining the written permission of the Chairman and he shall comply with such conditions as the Chairman may deem fit to impose to the communications between private drains and municipal drains.

Power to order demolition of drain constructed without consent: No person shall, without the written consent of the Executive Council first obtained, make or cause to be made, or alter, or cause to be altered, any drain or branch drain leading into any of the municipal sewers or drains or into any water-course, street or land vested in the Municipality, and the Executive Council may cause any drain or branch drain, so made or altered, to be demolished, altered, remade or otherwise dealt with at the expenses of the persons making or altering such drain.

Draining of group or block of buildings etc. by combined operation: If it appears to the Executive Council that a group or block of buildings may be drained more economically and advantageously in combination than separately, and if a municipal sewer or drain of sufficient size already exists or is about to be constructed within a reasonable distance of any part of the group or block of buildings, the Executive Council may cause, such group or block of buildings to be so drained, and the expenses thereby incurred shall be recovered from the owners of such buildings in such proportions as the Executive Council may deem fit.

Power to enforce drainage of un-drained premises and separate drainage in any premises: The Executive Council may, by written notice, require drainage to be provided for any un-drained premises and also require separate provisions to be made for drainage or sewage and other offensive matters as distinct from rain-water and other unpolluted sub-soil water in accordance with such regulations as the Board of Councillors may make in this behalf.

Power of State Government to exercise control over imperfect, inefficient or unsuitable drainage work:

1. (1) If, any time, it appears to the State government that any drainage works or sewerage works, executed under the provisions of this Chapter, or vested in the Municipality, are maintained or worked in an imperfect, inefficient or unsuitable manner, the State Government may, by written order, direct the Municipality within the period specified in the order to show cause why the drainage work or sewerage works with all plants fittings and appurtenances thereof should not be handed over for such period as the State Government may fix to the control and management of such agency belonging to the Government or a statutory body as may be specified in the order.
2. (2) If cause is not shown within the period specified in the order issued under sub-section (1) or the cause shown appears untenable, the State Government may, by order, direct the drainage works or sewerage works with all plants, fittings and appurtenances thereof shall be handed over for such period as it may fix to the control and management of such person or authority as it may appoint. During the period so fixed, the complete control and management of the drainage works or sewerage works, as the case may be, shall be vested in the person or the authority so appointed, who shall engage such drainage or sewerage works as the State Government may, from time to time approve. Such establishment may include the employees of the Municipality who were employed in the maintenance or working of such drainage or sewerage works.

Encroachment on municipal drains Encroachment on municipal drains:

1. (1) No person shall-
   • (a) construct a building, wall, fence or any structure or any private street over any municipal drain, culvert or gutter or bed, bank or embankment of any sewage works or storm water channel vested in the Municipality; or
   • (b) otherwise encroach upon drainage and sewerage system in the municipal area: Provided that the Board of Councillors may give consent to any such construction only for the purpose of securing access to any abutting land or building on such conditions as the Board of Councillors may think fit to impose.
2. (2) The Chairman may, without notice, cause to be removed or altered, any building, wall, fence or structure constructed in contravention of the provisions of this section or any unauthorised encroachment, whatsoever, at any time for reason to be recorded in writing.
3. (3) The Chairman by written notice may require any person to pull down or otherwise deal with any building, fencing, wall or structure or any encroachment whatsoever constructed or erected in contravention of sub-section (1), and the expenses in doing so shall be paid by the person at whose instance the unauthorised construction or encroachment was made.
4. (4) Any person who fails to act in accordance with the provision of sub-section (2) shall, on conviction, be punished with a fine which may extend to five hundred rupees and, in the case of continuing offence, with further fine which may extend to one hundred rupees for every day during which such offence continues.

Power to make rules Power to make rules: The State Government may make rules to provide for-

1. (a) the preparation of plans and estimates for the introduction of a system of drainage or sewerage, where such work or system is to be partly or wholly constructed or carried out at the expense of the Municipality;
2. (b) the power of the Board of Councillors or the State Government in the matter of sanction to such plans and estimates and responsibilities for financing and execution;
3. (c) the size and other particulars of drains, sewerage or channels to be constructed or laid for drainage or sewerage;
4. (d) the manner in which connections with the drainage or sewerage system shall be constructed, altered or maintained, the fees to be levied for such connections and the persons by whom such fees shall be payable, and the agency to be employed for such construction, alteration or maintenance;
5. (e) the items of trade affluent or noxious chemicals which may not ordinarily be passed into municipal drains, or the mode of treatment of such chemicals before they can be so passed, or such other steps as may be necessary to control environmental pollution, arising out of such chemicals;
6. (f) any other matter relating to the drainage or sewerage in respect of which this Act makes no provision or makes insufficient provision and further provision is, in the opinion of the State Government, necessary.

Power to Board of Councillors to make regulations: The Board of Councillors may make regulations:

1. (a) requiring every person, who intends to construct, repair, add to or alter a house-drain or cess-pool, to submit an application to the Municipality with such plans and other particulars as may be determined, and providing for conditions for giving and refusing of sanction to such application;
2. (b) providing for the materials, size, slope, level or position of drains generally and their construction, repair and maintenance;
3. (c) not inconsistent with this Act and the rules made thereunder, to provide for any item not specifically laid down but which is necessary to carry out the purposes of this Act.