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Section 189Drainage of undrained premises.

The JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000 (Act No. XXI of 2000)

(1) Where any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place approved by the Commissioner for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any part of the said premises, he may, by written notice require the owner of the said premises––

(a) to make a drain emptying into such Corporation drain or place ;

(b) to provide and set up all such applications and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matter from and conveying the same off, the said premises and of effectual flushing such drain and every fixture connected therewith ;

(c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health ;

(d) to provide a close drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing which is or likely to be injurious to health ;

(e) to provide and set up all such appliance and fittings as may appear to the Commissioner to be necessary for purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts, by down take pipes so as to prevent such waste water from discharging directly on streets or inside and lower portion of the premises ;

(f) to carry out any work to improve or remodel an existing drain which is inadequate, insufficient or faulty.

(2) Where in any case not provided for in sub-section (1), any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises––

(a) to construct a drain up to a point to be prescribed in such notice but not at a distance of more than thirty metres from any part of the premises ; or

(b) to construct a close cesspool, a soakage pit and drain or drains supplying into such cesspool or soakage pit.

(3) Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub-section (1).