State Act

The Gujarat Provincial Municipal Corporations Act, 1949

1[185A. (1) If in respect of any premises which consist of a building or a block or group of buildings 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 facilites for drainage, supply of water, electricity, common water closet or any such other essential supply or are provided with any of such facilites 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 facilites 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 setup in such premises or the land appurtenant thereto, with approval of the Corpora-tion 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 hings having connection with the main public source of the supply of any such facility which may be situated out-side 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 com-pensation 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 of 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.]