Chapter I PRELIMINARY

(1) This Act may be called the Delhi Water Board Act, 1998. (2) It will extend to the entire area of the National Capital Territory of Delhi excluding area under New Delhi Municipal Council & Cantonment area. (3) It shall come into force on such date as the government may, by notification in the Official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision.

In this Act, unless the context otherwise requires - (a) “Administrator” means the Administrator of the government of National Capital territory of Delhi; (b) “Board” means the Delhi Water board established under subsection (1) of section 3 and includes any member, officer or employee of the Board to whom the Board may delegate its powers under Section 22; (c) “Cantonment area” means the area within the limits of Delhi Cantonment as defined by the notifications of Central government under Section 3 of Cantonment Act, 1924. (d) “Central ground Water Authority” means the central Ground Water Authority constituted under Section 3(3) of the environment (Protection) Act, 1986 (29 of 1986); (e) “Charges” includes any rates, tariff, duty cess, deposits, rentals, surcharge, development charges or any other charges levied by the Board or payable to it; (f) “Delhi means the National Capital territory of Delhi; (g) “Delhi Contonment Board” means the body corporate having perpetual succession & common seal as incorporated under Sections 10 & 11 of the Cantonment Act, 1924 (Central Act 2 of 1924) (h) “Delhi Development Authority” means the Delhi Development authority established under Section 3 of the Delhi Development Authority Act, 1957 (central Act 61 of 1957) and included any successor body thereto; (i) “Delhi Electric Supply Undertaking” means the undertaking of that name established under the provisions of the Delhi Municipal Corporation Act, 1957 and includes any successor body thereto; (j) ‘Departmental Charges” means the charges fixed by the Board for defraying its establishment and overhead costs in respect of any work; (k) “Development” means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment; (l) “Development Charges” means charges to defray the cost incurred by the Board in initially providing any service to any premises or group of premises or for augmenting such service and includes departmental charges. (m)“Drain” included a sewer, a house drain, or a drain o any other description, a tunnel, a culvert, a ditch, a channel or any other device for carrying of sewage, offensive matter, polluted water, waste water, but not designed to carry rain water or sub-soil water; (n) “Fittings” includes any pipe, taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water or for the carrying of, collection, treatment or disposal of sewage; (o) “Government” means the Government of the National Capital Territory of Delhi; (p) “Industrial Effluent” means effluent which is not sewage and includes environmental pollutants in the form of solid, liquid or gaseous substances present in such concentration as may be injurious to the environment, to human beings, or other living creatures, including plants or micro-organisms or to property; (q) “Legislative Assembly” means the legislative assembly of the National Capital Territory of Delhi; (r) “Licensed Plumber” means a plumber who has been temporarily permitted to operate as licensed plumber in any area of the Board or by any erstwhile body substituted by the Board and will include a licensed plumber who will be licensed by the Board in accordance with the regulations made in this regards; (s) “Local Authority” includes the Municipal Corporation of Delhi, New Delhi Municipal Council, the Delhi Development Authority, the delhi Cantonment Board, or any successor body to any of them, and any other statutory authority performing municipal functions; (t) “Main” means a pipe laid by the Board for the purpose of giving a general supply of water as distinct from a supply to individual consumers and includes any apparatus used in connection with such a pipe upto the ferrule; (u) “Military engineering Services” means an-organization dedicated to provide infrastructure support to the Defence Services and other users under the Ministry of Defence. (v) “Municipal Corporation” means the Municipal Corporation of Delhi established under Section 3 of the Delhi Municipal Corporation Act, 1957 (central Act 66 of 1957) and includes any successor body or bodies thereto; (w) “Municipal drain” means any drain under the control or formerly under the control of a local authority; (x) “New Delhi Municipal Council” means the New delhi Municipal council established under the New Delhi Municipal Act, 1994 (Central act 44 of 1984) and includes any successor body or bodies thereto; (y) “Occupier” in relation to any premises includes – I. any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the premises in respect of which such rent is paid or is payable; II. an owner in occupation of, or otherwise using, such land or building; III. a rent free tenant of such land or building; IV. a licensee in occupation; and V. any person who is liable to pay to the owner damages for the use and occupation of such land or building; (z) “Owner” means a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and other or as an agent, trustee, guardian of receiver for any other person or who should so received the rent or be entitled to receive it if the land or building or part thereof were let to a tenant and also includes - I. The custodian of Evacuee Property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (central Act 31 of 1950). II. The Director of estates in the Central Government, the Secretary of the Delhi Development authority, constituted under the Delhi Development Act, 1957 (central Act 61 of 1957), the General Manager of a Railway and the head of a government Department, in regard to properties under their respective control; (aa) “Premises” means any land or building or part of a building and includes – I. the garden, grounds and out- houses, if any, appertaining to a building or part of a building; and II. any fittings affixed to a building or part of building; (ab) “Prescribed” means prescribed by rules framed by the Government under Section 108; (ac)”railway administration”, in relation to – I. a government Railway means the General Manager of a Zonal Railway; and II. A non-government railway means the person who is the owner or lessee of the Railway or the person working for the Railway under an agreement; (ad) “Regulation” means regulation made by the Board under Section 109; (ae) “Reside” – I. a person shall be deemed to “reside” in any dwelling house which or some portion of which he sometimes, whether uninterruptedly or not, uses a sleeping apartment and II. a person shall not be deemed to cease to “reside” in such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is the liberty of returning to it any time and no abandonment of the intention of returning to it; (af) “Rule” means a rule made by the government under this Act by notification in the Official Gazette. (ag) “Sewage” means night-soil and other contents of water closets, latrines, privies, cess pools or drains, and waste water or other normal effluent from shafts, kitchens, bathrooms, stables, cattle sheds and other like places but excludes cow-dung; (ah) “Sewer” means any device for carrying of sewage; (ai) “Sewerage Work” means any sewer channel, duct, collection, treatment and disposal unit, pumping station, engine, mobile collecting unit and other machinery and any adjacent land not being private property and any land, building or other thing for the collection or treatment or disposal of sewage; (ak) “Street” means any way, road, lane, square, court, alley, passage, whether a through fare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway; (al) “Telegraph Authority” means the authority as defined under Section 3 (6) of the Indian Telegraph act, 1985 (13 of 1985) (am) “telegraph line” means a wire or wires for the purpose of a telegraph as defined in the Indian Telegraph Act, 1885 (13 of 1885); (an) “trunk main” means a main constructed for the purpose of conveying water from a source of supply to a reservoir or from a reservoir to another reservoir, or for the purpose of conveying water, in bulk from one part of the limits of supply t another part of those limits, or for the purpose of giving or taking a supply of water in bulk; (ao) “Water woks” means any source of water supply like a stream, lake, spring, river, or cancel, well reservoir, cistern and tank, dug well, bore well, dug-cum-bore well, tubewell, ranny well, filter points and infiltration galleries, any channel, duct, whether converted or open, desalination plants, treatment units, sluice or supply main culvert, bridge, engine, water tank hydrant, stand pipe or post, conduit and machinery and any adjacent land not being private property and any adjacent land not being private property and any land, building or other thing for supplying water or for protecting a source of water supply and pipe or for treatment of water.