section 189
Section 189
The Sikkim Municipalities Act, 2007(1) All public and other drains in, alongside or under any public street, and all sewage disposal works, constructed or acquired out of the Municipal Fund or otherwise, and all works, materials, and things appertaining thereto, which are situated within or outside the municipal area, shall vest in the Municipality, or the concerned Department, or organization, of the State Government, or the agency, as the case may be. (2) For the purposes of laying, constructing, enlarging, deepening or o herwise repairing' or maintaining any such drain or sewage disposal system, so much of the sub-soil appertaining thereto, as may be necessary for such purposes, shall be deemed also to have vested in the Municipality, or the concerned Department, or organization, of the State Government, or the agency, as the case may be. (3) All drains and ventilation shafts, pipes and all appliances and fittings connected with the drainage' works constructed, erected or set up out of the Municipal Fund in or upon premises. no bel Municipality, whether- (i) before or after the commencement of this Act. a'"'c ,...~.---- ~ ::: - = (ii) for the use of the owner or the occupier of such premises or not, shall, unless the Municipality, or the concerned Department. or organization, of the State Government, or the agency has otherwise determined, or does otherwise determine at any time, vest, and shall be deemed always to have vested, in the Municipality, orthe concerned Department, or organization, of the State Government, or the agency, as the case may be. Explanation. -All public and other drains, which, under any provision of this Act, vest in the Municipality, or the concerned Department, or organization, of the State Government, or the agency, as the case may be, are hereinafter referred to in this Act as municipal drains.
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