The Arunachal Pradesh Water Supply Act, 2015

Preliminary

1. (1) This Act may be called the Arunachal Pradesh Water Supply Act, 2015.
2. (2) It shall extend to the whole of Arunachal Pradesh.
3. (3) It shall come into force on the date of its publication in the Official Gazette.

In this, unless the context otherwise requires-

1. (a) 'Act' means the Arunachal Pradesh Water Supply Act, 2015.
2. (b) 'Assistant Engineer' means, an Assistant Engineer in charge of a Sub-division or equivalent rank of the Public Health Engineering and Water Supply Department.
3. (c) 'Chief Engineer' means the Chief Engineer of Public Health Engineering and Water Supply Department.
4. (d) 'Competent authority' means and includes Chief Engineer, Public Health Engineering and Water Supply Department or any other officer like Superintending Engineer, Executive Engineer, Assistant Engineer and Junior Engineer of Public Health Engineering and Water Supply Department authorized by him in this behalf.
5. (e) 'Consumer' means owner (s) or occupier (s) of any building or premises provided with water connection either by piped connection or by hand pump, tube well or well or tanker by the Public Health Engineering and Water Supply Department.
6. (f) 'Consumer of Water' means who uses the water supplied by the department.
7. (g) 'Consumers Main' means water pipes which connect Government Main with consumer's premises and includes service pipe and internal plumbing line of the consumer's premises.
8. (h) 'Department' means Public Health Engineering and Water Supply Department, of the Government of Arunachal Pradesh.
   • (i) 'Executive Engineer' means the Executive Engineer in-charge of a Division in Public Health Engineering and Water Supply Department.
9. (j) 'Fire Hydrant' means hydrant fixed on the water main other than the trunk main for affording supply of water for extinguishing any fire;
10. (k) 'Government' means the government of Arunachal Pradesh.
11. (l) 'Government Main' means water pipeline for the purpose of giving a general supply of water which includes any apparatus used in connection with such a pipe and which is maintained by the Government.
12. (m) 'Junior Engineer' means a Junior Engineer of Public Health Engineering and Water Supply Department in charge of a section.
13. (n) 'Local Body' means a City Corporation, a Municipal Council or a Village or Nagar Panchayat.
14. (o) 'Owner', in relation to any premises, means the person who receives the rent of that premises or who would be entitled to receive the rent thereof if the premises were let, and includes,-
    • (i) an agent or trustee who receives such rent on behalf of the owner;
    • (ii) an agent or trustee who receives the rent of, or is entrusted with the management of any premises devoted to religious or charitable purposes;
    • (iii) a receiver or manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of said premises; and
    • (iv) a mortgagee in possession.
15. (p) 'Premises' means any land or building and includes-
    • (i) the garden, land and outhouses, if any, appertaining to a building or part of building; and
    • (ii) any fitting affixed to a building or part of a building for more beneficial enjoyment thereof.
16. (q) 'Public Hydrant' means hydrant meant for supply of water to the public within a local area;
17. (r) 'Rules' means any rules made under this Act;
18. (s) 'Superintending Engineer' means Superintending Engineer in charge of a Public Health Engineering and Water Supply Department Circle.
19. (t) 'Semi Urban' means other District Towns, Sub-Divisional towns, Circle Headquarters which are not yet declared/notified as Urban Towns by the Government of Arunachal Pradesh.
20. (u) 'Section' means a section of the Act;
    • (v) 'Service Line' means the portion of consumer main starting from the point where consumer main joins the Government main upto the point in the consumer main where water meter is installed.
21. (w) 'Tap' means any outlet or inlet installed for extracting water from consumer pipeline connected to Government water pipeline. Some of specific examples of taps are bibcock, inlet to cistern, shower, stop cock, ball cock fixed at reservoir etc.
    • (x) 'Urban' means the State Capital or District Towns declared/notified as Urban Towns by the Government of Arunachal Pradesh.
22. (y) 'Water Connection' includes-
    • (i) any tank, cistern, hydrant, stand-pipe, meter or tap situated on any premises or property and connected with a main or the distribution pipe; and
    • (ii) the water pipe connecting such a tank, cistern, hydrant stand pipe, meter or tap with such main or distribution pipe;
23. (z) 'Water Supply' means a system of providing water to a community for meeting its requirements both domestic and non-domestic, but does not include providing water for irrigation purposes.

(l) Provision of Woter: (o) The deportment sholl on on opplicotion mode to it by the owner of ony premises or by the occupierwith the consent in writing ofthe ownerthereof, gront supply of woter for domestic purposes under this Act excepl the following, nomely:- (i) for ony trade, monufacture or business; (ii) for gordens or for purposes of irrigotion; (iii) for building purposes including construction ond wotering of roads or streets; (iv) for public both or tonks or for ony ornomentol or mechonicol purpose5 (v) for onimols where they ore kept for sole or hire or for the sole of thet produce or ony preporotion therefrom; (b) No person sholl use or be ollowed to use woter supply for ony purpose other thon domestic purpose except with the previous opprovol of the competent outhority. (c) No person sholl, without the permission of the competent outhority moke or couse to be mode ony connection with the Government moin pipeline. (d) Notwithstonding onything contoined in ony other low for the time being in force or ony deed executed under this Act or rules mode thereunder, the Government or its officers ond employees sholl not be lioble for ony domoge or penolty for, discontinuing the supply of woter or foilure to supply woter to ony person or to ony oreo if the couse of such loilure is beyond the control ol the Government, its oflicers ond employees. 26 (2) Procedure for woter connection- (l) Applicotion lor woter connection (o) An opplicotion for woter supply connection from the Government Moin sholl be mode in Form W/S - I by duly filling in oll the requisite informotion sought therein. (b) Applicotion Forms con be hod during office hours from the office of the Executive Engineer, Public Heolth Engineering & Woter Supply Division, on poyment of { l0 (rupees ten) only (c) The duly filled up Applicotion Form should be submitted olong with the Site plon in the office of the Executive Engineer, Public Heolth Engineering & Woter Supply Division showing lollowing detoils. (i) All units, such os Kitchen, out house, etc (not oltoched to the building) where woter is proposed to be token. (ii) All roods, footpoth ond droins to be crossed by the consumer line. (ll) Approvol for Woter Supply Connection:- (o) After the receipt of the opplicotion, the Deportment sholl prepore o Doto Sheet in Form W/S-ll ond moke necessory corrections in site plon, verify doto ond corry out other necessory scrutiny of the opplicotion. (b) The CompetentAuthority shollthereolter opprove the connection point, method of the connection, connection fees to be poid by opplicont , woter tox ond/ or woter chorges if he is sotisfied thot the doto os sought-for in the Applicotion Form ond other procedures hove been correctly obided ond met by the opplicont. (3) lntimotion to opplicont lor moking Poyment {or Water Connection :- The opplicont sholl, thereofter, be informed through on intimotion letter in duplicote in Form WS -lll indicoting omount of connection fee ond other chorges os moy be opplicoble. The opplicont sholl, thereofter, return the originol Form duly signed, olong with the Bonk Receipt for the omount poid os cost ol the Form. 27 (4) Gront of Permission:- Consequent upon poyment of the required omount bythe opplicont under sub-clouse (b) ofclouse (ll) of section 3, the competent outhority sholl issue o letter in Form WS-lV permitting the connedion of consumer's moin from the Government moin os per the procedures stipuloted under the provisions of the Act ond os per the directions communicoted to the opplicont. (5) Method of Loying of Consumer Pipelines:- (o) The connection sholl be provided to the ground floor or ony other floor below the ground floor of ony building. For li{ting of woter to higher levels, the owner sholl moke his own orrongement with prior opprovol of the competent outhority. (b) All pipes ond fittings including meters, pumps, tonks ond occessories sholl be of opproved lndion Stondord lnstitute specificotion. (c) Pipe must be buried minimum one foot underground in oll coses. They con be exposed obove ground, provided underground conceoling is not possible for which the prior opprovol of the deportment sholl be obtoined. (d) All pipe loy outs should be in geometricol form ond should present oesthetic look. (e) Sizes of pipes ond tops in oll coses sholl be holf inch ( l5mm) in dio unless otherwise opproved by the Deportment in writing. ({) No pipe sholl be loid odjocent to sewer lines or droins unless the pipe is encosed inside Cement Concrete or Reinforced Cement Concrete beom ond is opproved by the Deportment. (g) All the connections sholl be corried out by Licensed/ designoted Deportment plumbers only. (6) Supply of Woter to Government Agencies, etc : (i) Where the Deportment ogrees to supply bulk woter or ony quontity of woter to Government ogencies, institutions, or Defense orgonizotions, such Government ogencies, institutions or defense orgonizotion shqll Iurnish oll the relevont detoils os moy be sought by the deportment prior to opprovol ond provide oll such informotion in monners stipuloted under sub-section (2) ond ollotment of fund. 28 (ii) ln cose the Deportment hos to mointoin the Woter Supply of the obove mentioned consumer/porties, the mointenonce cost ossessed by the Deportment sholl be finol ond sholl be borne by the consumer/porties wherever opplicoble. (7) LicensedPlumbers:- (i) The Superintending Engineel hoving iurisdiction over the oreo, on recommendotion of Executive Engineers, sholl oppoint the plumbers from omongst the existing Work Chorged fitters or cosuol lobourers bosed on their performonce, sincerity, bosic procticol knowledge in the field of fitting ond fixing of pipes ond fixtures ond issue license occordingly. (ii) No person other thon o licensed plumber oppointed by the competent outhority or person duly outhorized by it sholl execute ony work reloting to o woter connection, not being o work of o triviol noture ond no person sholl permit ony such work to be executed by o person other thon such o person. (iii) No licensed plumber sholl controvene ony of the specificotions or stondords reloting to execution of such works provided in the Act or specified by the competent outhority or execute such works using sub-stondord moteriols, opplionces or f ittings. (iv) Where ony such work is executed in controvention of sub- clouses (ii) ond (iii), such connection is lioble to be refused or disconnected. (v) No licensed plumber sholl demond or receive ony exlro chorge for ony such work in excess of the estimoted cost opproved by the competent outhority ond the omount deposited to the Executive Engineer. (vi) lf ony licensed plumber executes ony such works in controvention of provision of this section or regulotions, his license sholl be suspended or concelled irrespective of whether ony criminol proceeding is token ogoinst him or not. (vii) Comploint ogoinst ony licensed plumber to the competent outhority, regording violotion of the provisions of this Act, sholl be filed belore the Executive Engineer, within thirty doys, from the dote of notice of the violotion. 29 (viii) Executive Engineer sholl dispose of the compliont refened to in sub-clouse (vii) within thirty doys from the dote of receipt. (ix) Any person oggrieved by the orders of the Executive Engineer, under the foregoing sub-clouse moy oppeol to the Superintending Engineer, hoving jurisdiction over the oreo ond he sholl dispose of the oppeol ofter offording o reosonoble opportunity of being heord to the person concerned. His decision thereon sholl be finol. (x) Whoever, being o licensed Plumber, controvenes sub clouses (iii) ond (v) of sub-section (7) o{ section 3, sholl be punishoble with imprisonment for o term which moy extend to six months or with fine which moy extend to five thousond rupees or with both. (8) Provision of Public Hydronts:- (i) The competent outhority sholl, subject to poyment by o locol body or orgonizotion, union etc. of such chorges os the outhority moy determine provide supply of wholesome woter to the public of Urbon ond Semi-urbon oreos through the public hydronts within its locol oreo. (ii) The competent outhority moy, ot the request of the locol body, orgonizotion, union, ossociotion etc. ond sholl, if Government so directs, subiect to poyment of such contribution towords its cost in such monner os moy be prescribed, provide ond mointoin within the locoloreo public hydronts together with oll incidentol works for supply of woter ot such ploces os moy be considered necessory by the locol bodies. (iii) The locol body, orgonizotion, union or ossociotion sholl poy to the competent outhority quorterly, such sum os moy be fixed by the outhority, towords the cost of woter supplied by it through the public hydronts within its locol oreo on the bosis of expected consumption of woter ond in occordonce with such rule os moy be prescribed. (iv) The woter from ony public hydront sholl not be used for ony non-domestic purpose. (v) No externol instruments or pipes or hose or other devices sholl be connected to ony public hydronts for toping woter. (vi) No cleoning or woshing of ony onimol, vehicle, cloth, utensil or ony other moteriols sholl be done under or neor ony public hydront. 30 (9) Provision of Fire Hydronts:- (i) The competent outhority moy, ot the request ond expense of the owner or occupier of ony foctory or ony shop or commerciol estoblishment provide ond mointoin fire hydronts, together with oll incidentol work for the supply of woter in cose offire in such foctory shop or commerciol estoblishment ond in ony such cose levy chorge from such owner or occupier the cost of woter supply in connection therewith. (ii) The competent outhority sholl provide ond mointoin fire hydronts together with oll incidentol works for the supply of woter in cose of fire ot such other ploces os moy be considered necessory by o joint committee of the officers of the deportment ond the Fire Services Deportment of the Government ond supply woter in connection therewith. (iii) The competent outhority moy olso provide fire hydronts in villoges provided fund is mode ovoiloble to the deportment. (10) Provision of Woter Meters:- (i) The consumer, ot his own cost, sholl provide o woter meter ot o convenient point of service pipe between the premises ond Government moin ofter obtoining opprovol from the competent outhority. (ii) All meters, connections, pipes ond other works incidentol to the supply ol woter to ony building or lond sholl be supplied, repoired, extended ond oltered os moy be necessory ot the expenses of the person requiring such supply but sholl remoin under the control of the Government. (iii) Notwithstonding onyhing contoined in sub-clouse (i), the competent outhority sholl hove the power to instoll its own woter meters to ony connections wherever need orise ond sholl recover the cost of woter meter from the consumer. (iv) Whenever woter is supplied under this Ad through o meter, it sholl be presumed thot the quontity indicoted by the meter hos been consumed, until the controry is proved. ll

1. (1) The monthly water bill shall be prepared by the Executive Engineer or any other officer authorized by him and shall be served to the consumer within 7 (seven) days.
2. (2) The monthly water charges shall be payable in the office of the Executive Engineer or any other officer authorized by him within the stipulated time, to be reflected in the bill which will normally not exceed 30 (thirty) days from the date of issue of the bill.
3. (3) Simple interest at the rate of 18% per annum on total amount due for each month shall be levied if not paid within the stipulated period.
4. (4) In case any consumer is in default of payment of water charges for three consecutive months, the department shall serve a notice in Form-V with water bill including interest as stated in sub-section (3) above. The consumer shall clear the bill within 15 days from the date of receipt of the notice. If no payment is made within 15 days as stipulated, the house connection shall be liable for disconnection. In the event of reconnection being given to the defaulting consumer, the cost of reconnection as estimated by the department and the connection fee of ₹ 500 along with pending amount shall have to be paid by the defaulting consumer in advance. In case due to some other reason, the bill is not reached to the consumer within the stipulated time, it will be the duty of the consumer to enquire about the missing bill from the office of the Executive Engineer or the authorized officer as the case may be, and collect a duplicate bill.
5. (5) The amount realized towards water supply charges by the Executive Engineer/Sub-Divisional Officer, Public Health Engineering and Water Supply Department or any other authorized officer as the case may be, should be deposited in the Treasury under appropriate Head of Account within 7 (seven) days from the date of receipt and a monthly account of the same shall be submitted to Superintending Engineer/Chief Engineer of the department.
6. (6) All payments made by the consumers towards water charges for private connection or from Government building shall be issued proper receipt by the department.
7. (7) The water bill shall be collected from the consumers from the date of completion of providing water connection.
8. (8) In case of break in water supply due to repair or construction of the premises or due to change of tenants, the liability of payment shall rest on the owner of the premises.
9. (9) A revenue collection register shall be maintained for each sectional office of urban and Semi-urban towns.
10. (10) The Executive Engineer shall cross-check this register every month while depositing the revenue into the Government exchequer for proper maintenance of records and regular revenue collection.

lnstitutions/offices < 25 per month / top

The Government may, from time to time, by notification, fix the rate or rates of charge on meter basis or on the basis of number of taps installed or number of dwelling units or on the dimension of the service pipe, payable by the consumer for supply of water under this Act and different rate or rates may be fixed for different areas and for different consumers; Provided that the rate of charges for supply of water for purposes other than domestic purposes shall not be less than double the rates charged in respect of water supplied for domestic purposes as may be prescribed.

The State Government shall also have the power to exempt any institution, or Government body or organization from payment of any Tariff, fees or charges for having water supply connection and consumption thereof as deemed fit.

1. (1) The Government or the competent authority shall lay or carry any pipes for the purposes of arranging or maintaining supply of water, through, across, under or over any road or street or a place laid out or intended to be laid out as a road or street or any other place under the control of a local authority or any person and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining such pipes in an effective state. Provided that,
   • (a) such work shall be carried out with least annoyance to the public and within a reasonable time;
   • (b) reasonable compensation as may be determined by the Government shall be paid to the owner or the local authority as the case may be, for any damages sustained by him or it and directly occasioned by the carrying out of such operations;
   • (c) the competent authority shall cause, not less than seven days notice in writing to be given to the owner or the local authority as the case may be, before commencing any operation under this section except in cases where immediate action is considered necessary in which case, the competent authority may by order and for reasons to be recorded in writing, dispense with the notice.
2. (2) The pipes, which cross the roads/streets, shall be laid at least 1 (one) feet (30cm) below the road so as to avoid leakages due to impact of wheels.
3. (3) Disciplinary actions as per relevant rules, shall be initiated against the defaulting fitters/ plumbers/Junior Engineers who fail to comply with sub-section (2).

1. (1) When a request of an applicant for grant of water supply to his/her premises, temporarily occupied unauthorizedly, is received in writing, the Executive Engineer may accept the proposal and the person so applying shall, at his/her own cost, provide all service pipe and fittings for carrying out the works, or else he/she shall deposit the money to the concerned Executive Engineer as per the approved estimate, under this Act.
2. (2) Such water supply connection to the unauthorized occupants shall not be treated as the basis for claim for allotment of land and or compensation in the event of eviction/demolition in accordance with due process of law in Urban or Semi-urban areas.

1. (1) The rural consumers who settle near or within periphery of urban and Semi-urban towns but has water supply from the pipelines of urban and Semi-urban areas shall pay the water charges under the provisions of this Act. Similarly, the consumers who settle within Urban/semi-urban towns and get water from rural water supply pipe lines shall also pay the water charges on equal footing.
2. (2) The consumers who are settled in rural areas, villages but get the water supply from rural water supply pipe in his/her Reinforced Concrete Cement, Semi-Reinforced Concrete Cement and Semi Permanent Type buildings upto kitchen, bathroom, wash basin, shall pay the water charge at half the approved rates fixed under the Act for Urban areas.

Offences and Penalties

1. (1) No owner or occupier of any land or building to which water is supplied by the department shall either willfully or negligently or otherwise suffer such water to be wasted or shall suffer pipe, taps, works and fittings for the supply of water to remain without repair so as to cause wastage of water.
2. (2) No person shall cause wastage of water or misuse of public stand post, hydrants pipe, etc.
3. (3) Wherever the Executive Engineer has reason to believe that as a result of any defect in pipes, taps or fittings connected with water supply, the water supply to the land or building is being wasted, he may by a written notice, require the owner or the occupant of the land or building within such period, as may be specified in the notice to repair and make good the defect.
4. (4) If the repairs are not effected within the time specified in the said notice as in sub-section (3) of this section, the Executive Engineer may cause such repairs to be carried out and recover the cost of repair from the owner or occupant of the land or buildings as the case may be as an arrear of water charge.
5. (5) The owner or occupant of any land or building on which the water supplied by the department, under this Act, is wasted for poor condition of pipes, main or other works he/she shall give notice of the same to the competent authority forthwith.

1. (1) (a) No person shall damage or cause damage to water reservoir main, pipes or other appliances, for supply of water under the management of the department.
   • (b) No person shall draw off or divert any water from water reservoir, main, pipes or hydrant under the management and control of the department.
   • (c) No person other than the authorized staff or licensed plumber or fitter, shall open or keep open the valves or any water works of the department meant for the supply of water to the public.
   • (d) No person shall cause or suffer to percolate or drain into or upon any water works whereby the water therein may, in any way, be fouled, polluted or its quality and quantity altered;
   • (e) No person shall cause or allow to enter any animal into such water works;
   • (f) No person shall bathe or wash clothes in such water works, notified water sources;
   • (g) No person shall throw or put anything into or upon the water in such water works.
2. (2) Whoever contravenes sub-section (1) shall be punishable with fine which may extend to ₹ 50,000 (Rupees fifty thousand) only.

Punishment for taping or making illegal connection or other illegal activities :- Whoever, being a consumer or otherwise, with an intention to get unlawful gain, connects service lines without proper permission from the competent authority, damages or tampers a water meter, or uses any device or method which interferes with the accuracy and proper metering of the water supply, shall be punishable -

1. (1) In case of a domestic consumer, on first conviction with fine which may extend to ten thousand rupees, and in the event of a second or subsequent conviction with imprisonment for a term not exceeding six months and with fine which may extend to twenty-five thousand rupees.
2. (2) In case of non domestic consumer, on first conviction with fine which may extend to fifteen thousand rupees and in the event of a second or subsequent conviction imprisonment for a term not exceeding two years and with fine which may extend to fifty thousand rupees.

1. (1) Whoever, dishonestly :-
   • (a) Cuts or removes or takes away or transfers any material or meter from any installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation, without the consent of the concerned department or the owner or the licensee, as the case may be, whether or not the act is done for profit or gain ; or
   • (b) Stores, possesses or otherwise keeps in his premises, custody or control, any material or meter without the consent of its owner, whether or not the act is done for profit or gain; or
   • (c) Loads, carries or moves from one place to another any material or meter without the consent of its owner, whether or not the act is done for profit or gain; or
   • (d) Obstructs or causes to obstruct personally or in connivance with any other person tapping of any water source, shall be guilty of an offence and shall be liable on conviction, to imprisonment for a term which may extend to three years but shall not be less than three months, or fine which may extend to rupees twenty thousand but shall not be less than rupees five thousand or with both.
2. (2) If a person, having been already convicted of an offence punishable under sub-section (1) is found guilty of an offence under the said sub-section, shall be punishable for the second or subsequent offence for a term of imprisonment which shall not be less than six months but which may extend to three years and shall also be liable to fine which shall not be less than rupees ten thousand which may extend to thirty thousand.

Whoever, dishonestly, receives any stolen Government Water Supply material knowingly or having reasons to believe the same to be stolen property, shall be liable, on conviction to the punishment of imprisonment of either description for a term which may extend to three years, or fine which may extend to rupees ten thousand or with both.

1. (1) The Superintending Engineer or such other officer not below the rank of Executive Engineer or such other officer specially empowered, shall have the power to decide all disputes relating to the liability for the payment of tariff, fees and other charges or exemption therefrom. Provided that notwithstanding anything contained in the aforesaid provisions, any person aggrieved by the final order passed under sub-section (2) of section 5 and other relevant sections of the Act, may, within thirty days of the said order, prefer an appeal to the Superintending Engineer having jurisdiction over the area.
2. (2) No appeal under sub-section (1) shall be entertained unless an amount equal to one third of the assessed amount is deposited within the period prescribed for the purpose.
3. (3) The appellate authority referred to in sub-section (1) shall dispose of the appeal within thirty days of presentation of appeal after hearing the parties.
4. (4) The orders of the appellate authority passed under sub-section (3) above shall be final.

If at any time, supply of water is proposed to be stopped for more than twenty four hours in any local area or to any premises, the competent authority may give oral or written notice before twenty four hours in advance, inform the local authority, inhabitants of such local area or the owner of such premises as the case may be.

1. (1) Any officer not below the rank of Junior Engineer authorized in this behalf by the competent authority may, between 9 am and 5 pm, enter into any premises for the purpose of inspecting any water installation.
2. (2) The power conferred by this section includes power to break open the door/gate where the Executive Engineer or such Gazetted Officer has a reason to believe that water is being misused or used without proper permission. Provided that the power to break open the door/gate shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door/gate on being called to do so.
3. (3) If such officer is, at any such time, refused admission into such premises for the purpose and prevented from making such inspection, the competent authority may, after giving the consumer an opportunity of being heard, cutoff the supply of water to that premises; Provided that if any such premises is an apartment in the actual occupancy of a woman who, according to the custom does not appear in public, such officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and afford her every reasonable facility for withdrawing and may then enter the apartment.

Notification of water sources and protection of water supply mains and their ownership

1. (1) The Government may, from time to time, identify and declare certain water sheds or water sources or both or water main routes as notified watersheds or water sources or notified water main routes;
2. (2) Such notified watersheds or water sources or notified water main routes shall, thereupon be under the administrative control of Public Health Engineering and Water Supply Department, Government of Arunachal Pradesh;
3. (3) Any use of such notified watersheds or water sources or water main routes by the public, local authority or any other agency shall require prior approval of the competent authority;
4. (4) The Government may impose tax for use of water from the notified water sheds, water sources or water main routes by the public, local authority or any other agency and the charges shall be not less than seventy percent of the charges for supply of water for domestic purposes, as may be prescribed;
5. (5) Private Water sources such as springs, dug wells, Bore wells etc. shall mandatorily be verified by the officials of Public Health Engineering and Water Supply Department to certify its reliability in terms of quality and a nominal surcharge shall be levied from the consumer. Explanation:
   • (i) "Watershed" means an area surrounding any spring, stream or pond (whether formed naturally or otherwise) which conserves and sustains a source of water, the quantity whereof is likely to be varied by erosion of soil, felling of trees or disturbances by cattle grazing or human settlement/activity and includes the gathering ground of a river system;
   • (ii) "Water route" means the strip of land along which the pipeline for supply of water is laid and includes the land adjoining such pipeline which, if disturbed by quarrying, digging, or movement of vehicles etc. is likely to disturb the stability of the pipeline.
   • (iii) "Water source" means any spring, stream, river, pond (whether formed naturally or otherwise) from where water is tapped for domestic or other purposes.

1. (1) The ownership of the assets created by Public Health Engineering and Water Supply Department like headworks, sedimentation tanks, filtration tanks, storage tanks, distribution tanks, overhead tanks, pumps, motors, ring well, lift water supply system, the main and service lines, water meter, water taps etc. in Urban, Semi-urban and rural areas shall vest with the Public Health Engineering and Water Supply Department till these are handed over to the consumers, local bodies, Non Government Organization, Panchayats or Village Water Sanitation Committee etc.
2. (2) The ownership of service line in the case of private consumers shall also vest with Public Health Engineering and Water Supply Department even though the cost of any connection or part thereof has been borne by the applicant.
3. (3) The field officers of the Public Health Engineering and Water Supply Department shall be authorized to take over old pipelines whenever new pipelines are laid in lieu of old pipes and they may shift and use these old pipes to any other locations as deemed fit.
4. (4) In the event of such shifting and re-use of old pipes under section 21, the department shall maintain proper records like Material Account at Site.
5. (5) The ownership of water supply assets created under different programmes by other departments also shall be vested in Public Health Engineering & Water Supply Department.

1. (1) The Government/village authorities shall provide, free of cost, at least one (1 m) meter wide land on both sides of roads, streets, pavements etc in Urban, Semi-urban and rural area for laying of pipelines by the Public Health Engineering & Water Supply Department.
2. (2) No person shall without permission of the competent authority construct any private street, building, wall, fence or other structure over any land or pipes or mains belonging to the department.
3. (3) If any private street is constructed or any building, wall, fence or other structure is erected on any land or pipes or mains belonging to the department, the competent authority may remove or cause to remove the same as may be provided in this Act, or any other law for the time being in force.
4. (4) The expenses incurred by the competent authority in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or as the case may be, by the person contravening the Act and shall be recoverable as arrears of land revenue.

Miscellaneous

1. (1) No compensation for the land used for construction of Reinforced Concrete Cement structures like headworks, sedimentation, storage tanks etc at private lands shall be paid by the department excepts the value of assets standing or created on it.
2. (2) No claim for compensation shall be paid in lieu of water sources which are being used for tapping water by the department for public use.

The department shall not be liable in any way for any loss or damage or sufferings caused to any person by the cutting off of the supply of water due to drought or accidents or works relating to re-laying or repairing of any water works or other unavoidable causes.

1. (1) Consumer's supply line from the mains and valves therein shall be maintained by the Public Health Engineering and Water Supply Department at the expense of owner, who shall also be responsible for breakages, damages or theft of the same.
2. (2) The consumers shall not give any type of sub-connection from his supply line.
3. (3) All consumers before vacating their respective premises shall report to the department of such move and clear their arrears, if any, and they shall obtain clearance certificates from the Executive Engineers concerned for further reconnection in other locations.
4. (4) All the consumers shall ensure arrangement of proper rain water harvesting structure along with storage sump of adequate quantity to store water for use during break down of normal water supply of the department due to unforeseen natural calamities.

1. (1) No court shall take cognizance of any offence punishable under this Act except on complaint filed by an officer mentioned in sub-section (7) of section 3 of this Act.
2. (2) No court inferior to that of Judicial Magistrate of first class shall try any offence punishable under this Act.

No court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within two month from the date on which the alleged commission of offence came to the knowledge of Superintending Engineer, Executive Engineer or any such especially empowered officer having jurisdiction over the place of occurrence.

No suit, prosecution or other legal proceedings shall lie against any officer or staff of the Department for anything which is done in good faith or intended to be done under the Act or the rules made thereunder.

1. (1) The Government may, by notification, make rules for all or any of the provisions of the Act for implementation of the Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be , before the Legislative Assembly, while it is in session for a total period of one month which may be comprised in one session or in two or more successive sessions, and if the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall have effect only in such modified form or be of no effect, as the case be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule.

If any difficulties arise in giving effect to the provisions of this Act, the State Government may, by order, not inconsistent with the provisions of this Act, remove the difficulties.

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1. (1) The Arunachal Pradesh Water Supply Act, 2000 (Act No. 9 of 2000) is here by repealed.
2. (2) Notwithstanding such repeal anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.