The Arunachal Pradesh Water Supply Act, 2000

Short title extent and commencement

1. (1) This Act may be called the Arunachal Pradesh Water Supply Act, 2000.
2. (2) It extends to such urban and semi-urban areas of the State of Arunachal Pradesh as the State Government may, by notification in the Official Gazette, specify from time to time.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions In this Act, unless the context otherwise requires,-

1. (a) "Consumer of water" means any person, body or authority who is supplied with water by the Department and includes any person authorised by him to use water or any person who uses water supplied by the Department;
2. (b) "Department" means the Public Health Engineering Department of the State Government;
3. (c) "Prescribed" means prescribed by rules made under this Act;
4. (d) "State Government" means the Government of Arunachal Pradesh;
5. (e) "Water supply" means the supply of water by the Department for domestic, commercial, industrial or other purposes;
6. (f) "Urban and semi-urban area" means such area as defined/declared by the State Government from time to time in accordance with the criteria adopted for urban/semi-urban planning.

Power to provide water supply

1. (1) Subject to the provisions of this Act and the rules made thereunder, the State Government or the Authority may, for the purpose of supplying water to any area, provide, construct and maintain such works as it may deem necessary.
2. (2) Without prejudice to the generality of the foregoing power, the State Government or the Authority may—
   • (a) sink wells, bore-holes or construct any other devices for tapping ground water;
   • (b) construct, improve, maintain, alter, repair and extend water works;
   • (c) purchase or take on lease any water work or any water or right to store or to take and convey water;
   • (d) enter into an arrangement with any person or authority for the supply of water.

Power of Government to take over water supply works

1. (1) The State Government may, if it is of the opinion that any water supply work constructed or maintained by a local authority or any private individual or agency is not being maintained properly or is creating a public health hazard, by notification in the Official Gazette, take over such water supply work for such period as it may deem fit.
2. (2) On and from the date of the notification under sub-section (1), all the rights, liabilities and obligations of the local authority, individual or agency in relation to the water supply work shall vest in the State Government:

Power to regulate supply of water "Power to regulate supply of water"

1. (1) The State Government or the authority or officer empowered in this behalf may, in public interest, regulate or discontinue the supply of water from any water work or other source to any person or premises.
2. (2) No person shall be entitled to any claim for damage or compensation in respect of any such regulation or discontinuance of water supply under sub-section (1), nor shall it affect the liability of the consumer to pay the water charges for the water actually supplied.

"Power to cut off supply of water"

1. (1) The State Government or the authority or officer empowered in this behalf may cut off the supply of water to any premises—
   • (a) if the person residing in or occupying the premises fails to pay any water rate or other charges due under this Act or the rules made thereunder;
   • (b) if any person willfully or negligently damages the water connection or meter;
   • (c) if the person fails to comply with any of the provisions of this Act or the rules made thereunder regarding the use of water.
2. (2) The supply of water so cut off shall not be restored until the arrears due, along with the expenses incurred for cutting off and restoring the supply and such other charges as may be prescribed, are paid in full.

Supply of water through meter Supply of water through meter

1. (1) The Chief Engineer or any other officer authorised by the State Government in this behalf may, in such areas as the State Government may by notification specify, require that water supplied to any premises shall be through a meter installed by the Department.
2. (2) Every consumer of water shall be liable to pay the charges for water consumed as per the reading of the meter.

Power of Chief Engineer or his representative to enter premises Power of Chief Engineer or his representative to enter premises

1. (1) The Chief Engineer or any person authorised by him in this behalf may enter into/or upon any premises with or without assistants or workmen, in order to make any inspection, or for the purpose of removing, testing, examining or repairing any meter, pipe, conduit, service fitting or other work set up on such premises.
2. (2) No such entry shall be made without giving reasonable notice to the occupier of the premises and shall be made as far as may be practicable between sunrise and sunset.

Recovery of water charges.

1. (1) Any sum due to the Government on account of water charges, meter rent, cost of materials or any other charges under this Act or rule made there under shall be recoverable as an arrear of land revenue.
2. (2) The Government may entrust the work of collection of water charges to any local body or any agency as it may deem fit and such local body or agency shall be entitled to such commission as may be prescribed for such job.

Penalties.

1. (1) If any person—
   • (a) willfully or negligently damages, or suffers to be damaged, any water pipe, pump, hydrant or any other appliance provided for water supply;
   • (b) unlawfully draws, takes or diverts any water from any water work or water pipe;
   • (c) uses the water for any purpose other than that for which it is supplied;
   • (d) fails to pay the water charges due to the Government within the stipulated time;
   • (e) obstructs any officer or person acting under the authority of the Government in the discharge of his duties; shall be liable to a penalty which may extend to five hundred rupees and in case of a continuing offence to a further penalty which may extend to fifty rupees for each day during which the offence continues after conviction.
2. (2) The amount of damage, if any, caused to the public property shall also be recovered from the person concerned in addition to the penalty.

Offences by companies

1. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,—
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director", in relation to a firm, means a partner in the firm.

Cognizance of offences No Court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by, or with the previous sanction of, the Chief Engineer, Superintending Engineer, Executive Engineer or such other officer as may be authorized in this behalf by the State Government.

Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation made thereunder.

Power to make rules. -

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
   • (a) the manner in which the water supply connection shall be applied for and granted;
   • (b) the terms and conditions for giving water supply connection and the period for which the same shall be valid;
   • (c) the rates at which, and the manner in which, the water charges or fees shall be levied, assessed and collected;
   • (d) the mode of recovery of water charges or fees;
   • (e) the duties and functions of the officers and authorities appointed or designated under this Act;
   • (f) any other matter which is required to be, or may be, prescribed.
3. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Arunachal Pradesh while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the Assembly agrees in making any modification in the rule or the Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly.

Repeal and saving

1. (1) The Arunachal Pradesh Water Supply Act, 1993 (Act No. 3 of 1993) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken or any rules made or any notification issued or any licence granted under the Act so repealed shall be deemed to have been done, taken, made, issued or granted under the corresponding provisions of this Act.