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State of Nagaland - Section

Section 249 in Nagaland Municipal Act, 2001

249. Application by owners and occupiers to drain into municipal drains.

(1)Subject to such conditions, as maybe laid down in the regulations 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 Chief Officer of a Municipality to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface from those premises;Provided that nothing in this sub-section shall entitle any person, -
(a)To discharge directly or indirectly into any municipal drain any trade effluent from any trade premises except in accordance with the provision of this Act or any liquid or other matter, the discharge of which into municipal drains, is prohibited by or under this Act or any other law for the time being in force; or
(b)Where separate municipal 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 Chief Officer, surface water into drain provided for foul water; or
(c)To have his drain made to communicate directly with a storm water overflow main.
(2)Any person desirous of availing himself of the provisions of sub-section (1), shall give to the Chief Officer notice of his proposals, and at any time within one month after receipt thereof, the Chief Officer shall grant, permission or 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 conditions of the drain he may, if necessary, require it to be laid open for inspection.
(3)The Chief Officer may, if he thinks fit, construct such part of the work necessary for having a private drain made to communicate with a municipal drain, as is in or under a public street and in such a case the expenses incurred by the Chief Officer, shall be paid by the owner or occupier of the premises, or, as the case maybe, by the owner of the private drain, and shall be recoverable from the owner or occupier as an arrear of tax under this Act.
(4)The cost recovered by the Municipality from the owner or occupier of any premises for constructing the work, necessary for making a private drain to communicate with a municipal drain shall be spent only for the works relating to the municipal drains.