Chapter IV Special Provisions Relating to New Delhi Municipal Council and Delhi Cantonment Board

The Board shall be bound to supply to New Delhi Municipal Council and Delhi Cantonment Board, Military engineering Services, at the place of places at which immediately before the commencement of this Act, the Delhi Water supply & sewage disposal undertaking constituted under the Delhi Municipal Corporation Act, 1957, used to supply to that council or that military engineering services, or at such place or places as may be agreed upon, water in bulk upto the quantity demanded by the said council or delhi Contonment board, military engineer services, subject to the availability of supply as determined by the Board; Provided that the quantity of water supplied to the New Delhi Municipal Council and the Contonment area, shall not, except with the previous permission of the Central Government, be less than the quantity supplied immediately before the commencement of this Act.

The New Delhi Municipal Council and the Delhi Cantonment Board, Military Engineering Services shall pay the actual cost of water supplied to them at the rate calculated in the manner given herein. (1) The final issue rate shall be calculated for each year, after the accounts of the year have been closed, by totaling the total amount of expenditure incurred by the Board during the year divided by the number of the thousand litres of water supplied by the Board, during that year, to itself and to the New Delhi Municipal Council and to the Delhi Cantonment Board, Military Engineering Services. (2) For the purpose of sub-section (2), the Board shall take into account such items of expenditure as may be prescribed.

(1) Pending calculation of final issue rater for any year, payments of water supplied durin that year to the New Delhi Municipal Council of the Delhi Cantonment Board, Military Engineering services shall be made provisionally at an estimated rate (hereinafter called “collecting rate”). (2) The collecting rater shall be calculated at the time of framing of the budget estimates for the year by dividing the sum of amount of the estimated expenditure of the Board, in that year and of an addition of five per cent of that amount, by the number of thousands of litres of water, estimated as likely to supplied during that year. (3) The decision of the Board, regarding the supply of water estimated for the purposes of ascertaining the collecting rate, shall be final. (4) The New Delhi Municipal Council and Delhi Cantonment Board, military Engineering Services shall pay, on demand after the close the each quarter of each year the cost of the water supplied to them in tht quarter, calculated at the collecting rate. (5) The Board may, with the consent of the New Delhi Municipal Council or the Delhi Cantonment Board, Military Engineering Services and in accordance with any order issued by the Government, arrange for advance payment by each such authority of the cost of the such quantities of waster as are likely to supplied to each of them, in each quarter.

If the final issue rater for any year differs from the collecting rate determined for that year, the difference shall be recovered or adjusted, as the case may be, with the billing of New Delhi Municipal Council or with the Delhi Cantonment Board, Military Engineering Services, provided that such recovery or adjustment as the case may be, shall be done as far as possible within the same financial year.

(1) For the purpose of measuring and recording the amount of water supplied to the New Delhi Municipal Council or to the Delhi Cantonment Board, Military Engineering Services, the Board shall affix meters. (2) The use purpose of measuring and recording the amount of water supplied to the New Delhi municipal Council or to the delhi Cantonment Board, Military Engineering Services, the Board shall affix meters. (3) It shall be presumed, until the contrary is proved, that the quantity of water supplied is the quantity indicated by the meter affixed.

(1) If the New Delhi Municipal Council or the Delhi Cantonment Board, Military Engineering Services desire to have any meter tested, it may make an application in this behalf, accompanied by such fee as may be prescribed, to the Board and the Board shall forthwith cause the meter to be tested, giving due notice of the time and place of such testing. (2) If the meter is found to be faulty, the Board shall repair of replace it and refund the sum, if any, as determined by the Board to have been paid in excess by reason of the meter being faulty.

(1) The Board shall be bound to receive in bulk all sewage from the New Delhi Municipal Council and Delhi Cantonment Board, Military Engineering Services to dispose of such sewage. Provided that the New Deli Municipal Council & Delhi Cantonment Board, Military Engineering Services shall not execute any major work calculated to increase the normal discharge of sewage without permission of Board. (2) The sewage receinved in pursuance of the provision of sub-section (1) shall be the property of the Board and ay income derived there from shall belong to the Board. (3) In case of disagreement between the Board and the New delhi Municipal Council or the Delhi Cantonment Board, Military Engineering Services with regard to the execution of any work or the doing of any thing, the matter shall be referred to the Central Government, whose decision shall be binding.

(1) The total net cost of the disposal of all sewage shall be borne by the Board and the New Delhi Municipal Council and Delhi Cantonment Board, Military Engineering Services in such proportion as the Board may, from time to time determine. (2) To determine the total net cost of disposal of all sewage, the board shall take into account such items of expenditure incurred by it as may be prescribed by the regulations made in this behalf.

(1) The estimated net cost of the disposal of sewage increased by five percent shall be payable on demand by the New Delhi Municipal Council and the Delhi Cantonment Board, Military Engineering Services after the close the each quarter of each year, in accordance with the proportions determined under Section 43. (2) If the sum paid the New Delhi Municipal Council or Delhi Cantonment Board, Military Engineering Services in any year, exceeds or is less than the sum payable by it on the basis of actual cost determined, the payment to be made by that body shall be adjusted in the following year.

In case of any dispute between the Board and the New Delhi Municipal Council or, as the case may be, the Delhi Cantonment Board, Military Engineering Services as to the libility of the said Council or Military Engineering Services or Delhi Cantonment Board to pay any sum demanded by the Board or as to the right of the said Council or the Delhi Cantonment Board, Military Engineering Services to any refund, the matter in dispute shall be referred to the Central Government, whose decision thereon shall be final. Provided that pending the settlement of such dispute, the payment shall be made to the Board by the New Delhi Municipal Council or, as the case may be, the Delhi cantonment Board, Military Engineering Services as demanded by the Board.