Chapter III Power and Functions of the Board

(1) Without prejudice to any other provisions of this Act, the Board may perform the following functions: -

a. Treat, supply and distribute water for household consumption or other purposes to those parts of Delhi where there are houses, whether through pipes or by other means;

Provided that this clause shall not be construed to require the board to do anything which is not in the opinion of the board practicable at a reasonable cost, or to provide water supply to any premises which have been constructed in contravention of any law or in which adequate arrangement for internal water supply, including internal storage, as may be required by the Board, does not exist:

b. Plan for, regulate and manage the exploitation of ground water in Delhi in consultation with Central Ground water Authority and also give advice in this regard to the New Delhi Municipal Council, the Delhi Cantonment Board or any other local authority, except with the prior approval of the central government;

Provided that the Board shall, as far as may be, take over the management of all drains fed wholly or in part by drains under the management of the Board;

c. Promote measures for conservation, recycling and reuse of water;

d. If so directed by the Government or the Central government, take over and carry out any functions relating to the management and regulation of sewerage and ground water or the drains of any area, hitherto being carried out by the Government, the Delhi Development authority or any other agency;

Provided that the Board shall, as far as may be, take over the Management of all drains fed wholly or in part by drains under the management of the Board;

e. Collect, treat and dispose-of sewage from any part of Delhi and carry out works connected with sewerage, sewage treatment and sewage disposal including the planning, design, construction, operation and maintenance of works relating thereto;

f. Take up or promote any other measures necessary for or ancillary to the functions of the Board laid down under this Act, including negotiations with other Boards or similar authorities, or the central or any state government, and entering into agreement with them, or the formulation and implementation of schemes, or research and development works.

g. Make provision for unfiltered water supply.

(2) The Board may, with the prior approval of the Government entrust any of the tasks and functions referred to in this section to a local body, limited company, registered society, research institute or government undertaking, including provision for private investment in any works thereof including ownership of the facility, on such terms and conditions as may be approved by the Board.

(1) No person shall, without written permission of the Board, use or allow use of water supplied for domestic purpose for ay purposes, other tan domestic purposes, except to extinguish a fire.

(2) No person shall willfully pollute water in or obtained from any well, tank, water works or other source of supply being water which is or is likely to be used for domestic purpose or for the preparation of food or drink for human consumption, so as to be prejudicial to health.

The supply of water for domestic purpose shall not be deemed to include supply thereof: i. For animals or for washing vehicles, where such animals or vehicles are kept for sale or hire; ii. For any trade, manufacture or business; iii. For fountains, swimming, baths or any ornamental or mechanical purposes; iv. For any construction work of any kind.

The board may, in its discretion and subject tot sufficient availability of water, supply water to any person or organization including industrial establishments for non-domestic purpose or other public purposes, on such terms and conditions, including payment of such charges, as may be specified by regulations: Provided that the Board shall allow all persons to take water for extinguishing fires only from any pipe on which a hydrant is fixed, without any payment.

(1) It shall not be lawful to construct or occupy any premises without adequate arrangements for water supply in accordance with such regulations as may be made in this behalf. (2) If it appears to the Board that any premises in Delhi are without supply of water for domestic purposes or that the existing supply of water for domestic purposes available for the persons usually occupying or employed in such premises, is inadequate or objectionable for reasons of health and sanitation, the Board may, by notice in writing, require the owner of the premises or the person primarily liable for the payment of property taxes in respect of them: a. To take a connection adequate for the persons occupying or employed in the premises, or to take such additional or enlarged connection or connections from the Water Works: b. To provide supply pipes and water fittings, install and work a pump and do all such works and take all such measures as may, in the opinion of the Board, be necessary for the above purposes. (3) The Board may in the notice issued under sub-section (2) specify: a. The size, material and quality of the pipes and water fittings to be provided; b. The position of the pipes and water fittings to be provided and the means of access for the inspection thereof; c. The type of pump that should be installed and the hours during which it should be kept working; d. The period within which any or all the works specified in the notice should be carried out; e. Any other requirement which the Board may deem necessary.

(1) The Board may lay water mains, sewers, or service pipes, or drains of any type in any street or, with the consent of the owner and occupier of land not forming part of the street, in over or on any such land and may from time to time inspect, repair, alter or renew such main, pipe, sewer or drain wherever situated. Provided that where a consent required for the purpose of this sub-section is withheld, the Board may after giving the owner or occupier a written notice of its intention to do so, lay the main pipe, sewer or drain in, over or on that land even without such consent. (2) Where the Board, in exercise of its powers under this section, lays or inspects, repairs, alters or renews a water main, service pipe, sewer or drain, it shall pay compensation to every person interested in such land for any damage or injury done to such land by reasons thereof. (3) The compensation payable under sub-section (2) shall be such as may be fixed by the Board in accordance with such procedure as may be prescribed and after considering any claims made by any person interested in such land.

(1) The Board may require ay person, who desires the supply of water for domestic or any other purpose, to comply with such requirements as may be specified in requirements made in this behalf including the provisions of any supply pipes or any tanks, pumps or other pipes or fittings, as may be required by the Board, or deposit of the cost of so doing, and the payment of any amount required by way of development charges. (2) After obtaining the sanction of water connection from the Board the delivery pipe shall be got laid by consumer through a licenced plumber at his own cost from the main to consumer’s premises including ferrule. (3) It shall be the duty of the consumer to maintain, repair and replace, if required, such delivery pipe at his own cost. (4) All service pipes laid for a period of 15 years or more shall be got inspected by the consumer, at his own cost, through a licenced plumber. If the service pipes are found rusted/ leaking, and this is likely to result in contamination of water, the work of repair/ replacement shall be got executed by the consumer, at his own cost, through a licenced plumber. (5) It shall be the responsibility of the Development Agency carrying out, any construction, including multi-storeyed construction or additions to existing construction, to ensure provision of water supply through storage tanks, either underground or overhead, and booster pumping stations. The construction shall be the responsibility of the Developing agency and the maintenane and operation of the arrangements shall be the responsibility of the occupant of such premises. The board shall be responsible for giving water in the mains feeding the service pipe. The construction arrangements shall be done with the prior permission of construction arrangements shall be done with the prior permission of the Board and on such terms & conditions as shall be determined by the Board.

The board shall, on payment by the agency responsible for fire services, fix hydrants on water mains (other than trunk mains) at such places as may be convenient for supply of water for extinguishing any fire which may break out and shall kept these in order. Providing that the board shall allow water to be taken for extinguishing fires from any pipe on which a hydrant is fixed, by the agency responsible for fire services, without any payment.

(1) The board may provide water meters to measure the consumption of water by any person using water supply by the Board and, until the contrary is proved, it shall be presumed that the quantity of water shown by the meter has been consumed. Provided that the Board may in its discretion permit a consumer to use his own water meter. (2) The use, installation fees and rent to be paid for such use, maintenance and testing of meteres shall be in accordance with regulations framed under this Act.

The Board may, subject to regulations made in this behalf, cut off or turn off water supply to any premises or part thereof and the expense of cutting or turning off the water supply shall be paid by the occupier of the premises.

(1) No person shall wildfully or negligently cause or suffer any water fittings to be so constructed or so adopted, or to remain out of order in such a manner, that the water supplied to him by the board is, or is likely to be wasted, misused or unduly consumed or contaminated, or that foul air or any impure mature is or is likely to be returned to any pipe belonging to, or connecting with a pipe belonging to the Board. (2) The Board may without prejudice to its right to proceed against such person under any other provision of law, acquire any person infringing the provisions of sub-section (1), to carry out any necessary repairs or alterations and, if he fails to do so within forty eight hours, may carry out the work and recover the cost incurred in so doing from such person. (3) No person shall install a booster pump or any other appliance without the permission of the Board on any water main or service pipe or shall pump water supplied by the Board otherwise than in accordance with such conditions as may be specified by regulations made in this behalf.

(1) Any officer, authorized in writing by the board may, between sunrise and sunset, enter any premises using water supplied by the Board in order to check if there is any misuse of water and no person shall refuse entry to such officer or obstruct him. (2) If the board is of the opinion that the water of any well, tank, or other source of supply, being water which is likely to be used for domestic purpose or for the preparation of food for human consumption, is or it likely to be so polluted as to be prejudicial to health, the board may, after giving the owner or occupier of the premises a reasonable opportunity of being heard, by order, direct that the source of supply be permanently or temporarily cut off or may impose restrictions upon the use of such water. (3) No person shall construct any latrine or cesspool within ten-meters of any well, tank, water pipe or in any position where such well, tank or pipe is likely to be injured or the water therein polluted. (4) No person shall sink any well, tubewell or hand pump except in accordance with such conditions as may be laid down by regulations in this behalf having regard especially to the proximity of any sewer or storm water drain or of any polluted water and the Board may further require, in accordance with the regulations made in this behalf, that its permisson should be obtained.

(1) Unless otherwise permitted by Board, every premises supplied with water shall have a separate water connection. (2) If, in respect of any premises already supplied with water but not having a separate service pipe, the Board gives notice to the owner of the premises requiring him to provide such a pipe, the owner shall, within three months, lay the said pipe and the

The Board may by order direct that any power conferred or duty imposed on it under this Act shall in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any offer of the Board, as specified in the order.

When Delhi or any part thereof is visited or threatened by an out-break of disease and the Board considers it necessary to do so, the Board may: - a. By public notice, restrict in any manner or prohibit for any period, as may be specified in the notice, the sale of water for human consumption as specified in the notice; b. Without notice and at any time inspect and disinfect any well, tank, public hydrant or other place from which water is or is likely to be taken for the purpose of drinking.

If the Board is of the opinion that water in any well, tank or other place, is likely if used for drinking to endanger or cause spread of any diseases, the Board may: - a. Require the owner or person having control of such well, tank, hydrant or place to take such steps as the Board may consider necessary to prevent the public from having access to or use of such water; b. Take such other steps as the board may cnsider expedient to prevent the out-break of such diseases.

(1) If it appears to the Board that the most convenient means of supply water to and draining of any premises is by means of a pipe or drain over, under, along or across the immovable property of another person, the board may, by order in writing, authorize the owner of such premises to place or carry such pipe or drain over, under, along or access such property. Provided that before making any such order, the Board shall, in accordance with such regulations as may be made in this behalf, give to the owner of the property affected a reasonable opportunity to show Provided further that the owner of the premises shall not acquire ay right other than a right of use in the property where nay such pipe or drain is placed. (2) After an order under sub-section (1) has been made, the owner of the premises may, after giving reasonable notice of his intention to do so, enter upon the property referred to in such order to carry out the work of placing the pipe or drain or for the purpose of repairing it. (3) The owner of the premises shall cause as little damage as possible to the said property, fill in, reinstate and make good at his own cost any ground broken up or removed by him and shall complete the work with the least possible delay and shall pay compensation t the owner of the property or other persons affected. (4) If on the application of the owner of the property, it is necessary in the opinion of the Board to do so, in order to allow for the construction or safe enjoyment of any building, the Board may by notice in writing require the owner of the premises to relocate or divert any pipe or drain laid under the provisions of his section at the cost of the owner of such property, which shall be fixed by the Board. (5) In case of dispute between the owner of the premises and the owner of the property, respectively referred to in this section, or between the owner of the premises and any other person, either may refer the matter to the Board whose decision, after giving due opportunity to the parties, shall be final.

When, under the provisions of this Act, any person is required or is liable to execute any work the Board may cause such work to be executed after giving such person an opportunity of executing it, within such work to be executed after giving such person an opportunity of executing it, within such period as the Board may fix for the purpose, and the board shall recover the cost incurred in the execution of such work, from the said person, in accordance with such regulations ask may be made in this regard.

For the purpose of ventilating any drain or cesspool, whether vested in the Board or Not, the Board may in accordance with regulations made in this behalf, erect upon any premises or affix to the outside of any building any such shaft or pipe as may appear necessary.

Where it appears necessary to do so, private drains and cess pools having regard to public health and sanitation, the board may examine the condition of any private drain or cess pool, by means of such tests as the Board may deem fit, or take such measures in respect o such drain or cess pool as the Board may deem necessary; Provided that the Board shall, as soon as possible thereafter, reinstate any ground or make good any damage done.

(1) The board may cause any or all its drain to empty into, and all sewage to be disposed of at such place or places as it considers suitable, subject to the provision of the Environment (protection) Act, 1986. Provided that no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the wate into which it is discharged. (2) Notwithstanding anything contained in sub-section (1) the board may permit disposal of sewerage for the time being in such place or places and in such manner as existed at the time of commencement of the Act. (3) No place which has not been used for any of the purposes specified in sub-section (1) before the commencement of this Act shall be used therefore without the approval of the Board

(1) The Board may place and maintain aquaducts, conduits and mains or pipes of drains over, under, along or across any immovable property without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any such facility, enter on any property over, under, along or across which such facility has been placed; Provided that the Board shall not acquire any right other than right of user in the property where such conveniences have been placed. (2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Union or under the control or management of the Central government or Railway administration or vested in any local authority except with the specific permission of the said body in accordance with any bye-laws made in this behalf; provided that the Board may, without such permission repair, renew or amend any existing works if it is urgently required to maintain interrupted supply of water, drainage or disposal of sewage or if delay would be dangerous to health, human life or property. (3) In exercise of the power conferred by this section, the board shall cause as little damage ad inconvenience as possible and shall compensate for any damage or inconvenience so caused, as determined by the board.

(1) All drain which are municipal drains under the control of the Delhi water supply & sewage disposal undertaking constituted under the DMC Act1957 existing at the commencement of this Act, together with all ventilations, shafts, pipes and all appliances and fittings pertaining to such drains, and the sub soil appurtenant thereto, shall vest in the Board. (2) The board may construct as many new drains a it may, from time to time, consider necessary, and all such drains shall vest in the Board.

Subject to such conditions as may be laid down by regulations made in this behalf, and to payment of any consequential expenditure incurred by the Board, as assessed by the Board, the Board may allow the connection of any private drain to any public drain under its control; Provided that nothing in this sub-section shall entitle any person: - a. to discharge any industrial effluent into any public drain except in accordance with regulations made in this behalf, which may include provision for treatment of such effluent before its discharge into such drain; or b. to discharge into such drain any substance the discharge of which is prohibited under any law; or c. to discharge foul water into a drain provided for surface water or surface water into a sewer, unless expressly permitted by the Board as a purely temporary measure

(1) Where any premises are, in the opinion of the Board, without sufficient means of drainage the Board may, by writing notice, require the owner of such premises a. To provide and set up all such appliances and fittings as may appear to the board to be necessary of the purposes of gathering and receiving polluting and there obnoxious matter and conveying it from the premises; b. To provide and set up all such appliances and fittings as may appear to the Board to be necessary to prevent waste water from being discharged into the street. (2) Where a public drain or any place approved by the Board for the discharge of filth and other polluted and obnoxious matter is situated at a distance not exceeding 30 mts. From any part of the premises, the Board may, by written notice, require the owner of the said premises a. To make a drain emptying into such public drain or place; b. To remove, cover, augment, replace, or other appliance or thing used or intended to be used for drainage in relation to such existing drain, if such existing drain or appliance or thing is inadequate, insufficient, faulty or injurious to health. (3) Where any premises not provided for in sub-section (2) are, in the opinion of the Board, without sufficient means of drainage, the Board may, by written notice, require the owner of the premises - a. To construct a drain upto point to be prescribed in such notice, which is not more than 30 mtrs. From any parts of the premises; or b. To constructed a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit. (4) The provisions of this section shall not apply to areas falling within the jurisdiction of the New Delhi Municipal Council or the Delhi Cantonment Board, Military Engineering Services.

(1) It shall not be lawful to construct or occupy any premises without adequate provision for drainage in accordance with such regulations as may be made in this behalf (2) The board may, if it appears expedient to do so, provide for any group or block of premises, to be drained in combination rather than separately.

(1) No person other than a licensed plumber shall execute any work connected with water supply and sanitation described in this Act and no person shall permit any such work to be executed except by a licensed plumber; Provided that if, in the opinion of the Board, the work is of a trivial nature, it may grant permission for the execution of such work by a person other than a licensed plumber. (2) The board may make regulations for the guidance of licensed plumbers and a copy of all such regulations shall be attached to every licensed plumber. (3) The board may make regulations for: - a. The exercise of adequate control on all licensed plumbers; b. The inspection of all works carried out by licensed plumbers; and c. The hearing and disposal of complaints made by the owners or occupiers of premises with regards to the quality of work done, material used, delay in execution of work, or the charges made, by a licensed plumber. (4) If any licensed plumber contravenes ay of the provisions of this section or of any regulations or executes carelessly or negligently any work or makes use of bad material, appliances or fittings, the board may suspend or cancel his licence, whether he is prosecuted or not. (5) Every person who employees a licensed plumber to execute any work, shall when so required, furnish to the Board the name of such plumber. (6) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Board without prejudice to the right of the Board to prosecute under this Act the person at whose instance such work has been executed.