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Bombay Presidency - Section

Section 185 in The Bombay Provincial Municipal Corporations Act, 1949

185. Cost of inspection and execution of works in certain cases. - In the case of any drain which has been constructed, erected or fixed, or which is continued, for the exclusive use and benefit of two or more premises and which is not-

(a)a drain constructed under sub-section (1) of section 167, or(b)a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under sub-clause (1) of section 173, the expenses of any inspection and examination made by the Commissioner under Section 181 and of the execution of any work required under section 184, whether executed under Section 188 or not, shall be paid by the owners of such premises, in such proportions, as shall be determined Dy the Commissioner.[185A. Power of Commissioner to provide house drain, water-connections, etc. in premises where owner is not willing to do so. - (1) If in respect of any premises which consist of a building or a block or group of building having a number of residential tenements therein, with an area of land, open or enclosed, appurtenant thereto, the Commissioner, whether on receipt of an application or otherwise, is of opinion that the tenants or other residents of such tenements are not provided with facilities for drainage, supply of water, electricity, common water closet or any such other essential supply or are provided with any of such facilities which are insufficient to meet with the reasonable requirements of such tenants or residents and that the tenants or residents who are desirous of obtaining any of such facilities are not able to do so without incurring disproportionate cost on account of no housing drain, water connection or other necessary appliances, fittings or other things connected with the main public source for the supply of such facility having been provided or set up by the owner in the premises and on account of the owner not being willing to provide or set up such housing drain, water connections, or other necessary appliances, fitting or things in, or in the land appurtenant to, the premises it shall be lawful for the commissioner to provide or set up in such premises or the land appurtenant thereto, with approval of the Corporation and after giving the owner a reasonable opportunity of being heard, such house drain, water connection or other necessary appliances, fittings or other things having connection or other necessary appliances, fittings or other things having connection with the main public source of the supply of any such facility which may be situated outside the premises and the expenses incurred by the Commissioner in doing so shall, on demand by the Commissioner, be payable by the owner of such premises and if he does not pay them on demand, such expenses shall be recoverable by the Commissioner in accordance with the provisions of section 439.
(2)For the purpose of exercising the powers under sub-section (1) the Commissioner shall have power to do all acts necessary for the purpose of an effectual exercise of such power in relation to any premises and the Corporation shall not be liable to pay any compensation to the owner of the premises for any reasonable damage done to the premises in the exercise of such power.
(3)Where any house drain, water connections or other appliances, fittings or things are provided or set up by the Commissioner in any premises under sub-section (1), then, on the payment of the expenses incurred by the Commissioner in doing so by the owner of the premises or on the recovery of such expenses from such owner such house drain, water connection or other appliances, fitting or things shall belong to the owner of the premises and the owner shall be responsible for the expenses of maintaining them in good repair and efficient condition.]General Provisions