Chapter IX MISCELLANEOUS

(1) The Board shall for the purposes of this Act, by agreement on such terms and at such price as may be approved by the Board, have power to acquire and hold or dispose of moveable and immovable property or any interest therein. (2) The Government having powers of acquisition under the Land Acquisition Act 1894 or any other law for the time being in force may, at the request of the Board procure the acquisition of any immovable property.

The Board shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

(1) No person shall make any development without obtaining permission from the Board to the effect that sufficient arrangement will be made for drainage, sewerage and supply of wholesome water, and every such development shall be made subject to and in accordance with any conditions laid down with such permission. (2) The Board shall be under no obligation to provide water supply or make arrangements for drainage or sewerage in respect of any premises constructed without the permission referred to under sub-section (1) or in contravention of any condition laid down in such permission or in contravention of any other provision of this Act, or of any other law. Provided that the Board may with the prior approval of the government make arrangements for such services at the full cost of the beneficiaries thereof with such development charges as may be fixed under regulations made in this behalf and subject to such conditions as may be laid down by the Board.

The owner, the occupiers and ay person liable for payment of charge in respect of any services provided by the Board shall be jointly and severally liable for any offense under this Act committed in relation to such premises.

A Licence issued under this Act shall not be saleable or otherwise transferable

(1) No person shall throw, empty or turn into any drain or sewer communicating with a drain or sewer belonging to the board. a. Solid waste or any matter likely to injure the drain or sewer or toe interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents: b. Any chemical refuse, industrial effluent or waste steam, or an liquid at temperature higher than forty five degree centigrade, or any liquid which is dangerous or the cause of a nuisance, or is prejudicial to health; c. Any industrial effluent except with the express permission of the Board after such treatment as may be required by the Board. d. Any dangerous petroleum or any explosive matter. (2) In this section, the expression “Dangerous Petroleum” has the same meaning as in the Petroleum Act, 1934;

No person shall - a. Willfully obstruct any member of the board or any person acting under the authority of the board in the performance of his duties;

(1) No construction or development of any kind including building, walls fences, roads or poles or electric transmission lines shall be made above any drain, sewer or water supply pipe or any installation constructed or maintained or vested in the Board, except with the written permission of the Board and subject to such conditions as may be fixed by the Board. Provided that a Railway administration may take up the works mentioned here above, in accordance with the provisions of section 11 and section 12 of the Railways Act, 1989 (124 of 1989), subject to the condition that the Railway Act, 1989 (24 of 1989), subject to the condition that the Railway Administration shall do so with the consent of the Government. (2) The board may remove or otherwise deal with any construction or development made in contravention of the provisions of sub-section (1) in such manner as it thinks fit having regard to the maintenance of its services and any cost including departmental charges incurred by the board in this regard shall be recoverable from the person who made the development or construction. Provided that in case of construction or development made by the Telegraph authority, the Board may remove otherwise deal with it in such manner as it thinks fit and recover the cost including departmental charges incurred by the Board in this regard after giving the Telegraph authority an opportunity of executing it within such reasonable period as the board may fix for the purpose.

(1) If a person liable for payment of any charges does not, within thirty days of the service of the notice of demand on him under section 55, pay the sum due, he shal deemed to be in default. (2) A person in default shall in addition to the charges due, including interest and demand fee, be liable to pay such penalty as may be determined by the Board, extending to such sum not exceeding 20% of the amount of the charge and the same penalty shall be recoverable along with other arrears.

The officer issuing any notice or order to any person in respect of property f which such person is the owner, may require the occupier of the property to pay to him, instead of the owner, any rent payable to the board; Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name and address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under this section as an arrear of charge under this Act.

No person shall obstruct, prevent, divert or stop the supply of water to or the drainage or sewerage of any premises or any portion thereof to which such service has been provided by the Board whether on grounds of ay dispute regarding ownership or occupancy of such premises r for any other reason.

The Board may subject to any regulations which may, be made in this behalf, approve compensation to any person who sustains damage or injury in the course of or in consequence of any work done by Board or in relation to ay service provided by the Board.

(1) Any person who have been convicted of any offence against this Act, shall, notwithstanding any punishment to which he may have been sentenced for the for the said offence, be liable to pay such compensation for any damage to the property of the board resulting from the said offence as the Board may consider reasonable. (2) In the event of a dispute regarding the amount of the compensation payable under sub-section (1) such amount shall, on application made t it, be determined by the court before which the said person was convicted of the said offence and on non-payment of the amount of compensations determined, the same shall be recovered under a warrant from the said court as if it were a fine imposed by it on the person liable therefore.

(1) If a person liable to pay any dues to the Board does not, within thirty days from the service of the notice of demand, pay the amount due, such sum together with all costs and the penalty under Section s82 shall be recoverable under a warrant, issued in the form set forth in the first schedule, by distress and sale of the movable property, or the attachment and sale of the immovable property. (2) Every warrant issued under this section shall be signed by a member of the Board or any officer duly authorized by the Board.

(1) It shall be lawful for any officer or other employee of the Board, to whom a warrant issued under section 87, is addressed, to distrain, wherever, it may be found in any place in Delhi, any moveable property belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely - a. The following property shall not be distrained: - i. The necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils; ii. Tools of artisans; iii. Books of account; or iv. When the defaulter is an agriculturist, his implements of husbandry, seed, grain and such cattle as may be necessary to enable the defaulter to earn his livelihood. b. The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been destrained which, in the opinion of the Board, should not have been distrained, it shall forthwith be released. (2) The person charged with the execution of a warrant of distress shall forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in the form set forth in the second schedule, to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.

(1) When the, property seized is subject to rapid decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Board shall give notice to the person in whose possession the property was at the time of seizure, that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is paid forthwith. (2) I the warrant is not in the meantime suspended by the Board or discharged, the property seized shall, after the expiry of the period named in the notice served under sub-section (1) of section 87 be sold by public auction. (3) When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and prohibiting all persons from taking any benefit from such transfer or charge, and declaring that such property would not be sold unless the amount due with all costs of recovery is paid into the Board’ s office within fifteen days from the date of the attachment. (4) Any transfer of or charge on the property attached or any interest made without written permission of the Board shall be void as against all claims of the Board enforceable, under the attachment. (5) The surplus of the sale-proceeds, if any, shall, immediately after the sale of the property, be credited to the water fund, and notice of such credit shall be given at the same time to the person whose property has been sold or his legal representative and if the same is claimed by written application to the Board within one year from the date of the notice, a refund thereof shall be made to such person or representative. (6) Any surplus not claimed within one year as aforesaid shall be the property of the Board. (7) For every distraint and attachment made in accordance with the foregoing provisions a fee of such amount not exceeding two and a half percent of the amount of the tax due as shall in each case be fixed by the board, shall be charged, and the said fee shall be included in the costs of recovery.

(1) If the Board has reasons to believe that any person from whom any sum is due or is about to become due is about to move from Delhi, he may direct the immediate payment by such person, of the sum of due or about to become due, and cause a notice of demand for the same to be served on such person. (2) If, on the service of such notice, such person does to forthwith pay the sum so due or about to become due, the amount shall be livable but distress or attachment and sale in the manner herein before provided, and the leviable by distress of attachment and sale may be issued and executed without any delay.

Save as otherwise provided in this Act whoever. - a. Contravenes any provision of any of the sub sections or sections of this Act mentioned in the column 1 of the table in the fourth schedule; or b. Fails to comply with any order or direction lawfully given to him or requisition lawfully made upon him under any of the said section, sub-sections, clauses, provisions or other provisions, shall be punishable. I. With fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf in column 3 of the said table or with both; and II. In the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in column 4 of the table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.

No court shall proceed to the trial of any offence except on the complaint of or upon information received from the Chief Executive Officer or any other officer authorized by the Board by a general or special order in this behalf.

(1) The Board may, either before or after institution of the proceedings, compund any offence under this Act: Provided that no offence shall be compounded unless the offender has paid all dues including penalties payable by him and compensation as the Board may consider necessary, having regard to the facts and circumstances of the case, and indemnifies the Board against any damage for which the board may be liable on account of his action. (2) When an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

(1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule or regulation made there under if: - a. The name and address of such person are unknown to him and; b. Such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained.

No, suit prosecution or other proceeding shall be instituted or shall be entertained in any court against any member of the board or of the consultative council, or against any other officer or employee of the Board or against any person acting under the order or direction of any such person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation or other instrument made there under.

(1) No suit shall be instituted against the Board until the expiration of two months after notice in writing has been left at the Board’s office and unless such notice states explicitly the cause of action, the nature of the relief sought amount of compensation claimed and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered (2) No suit, such as is described in sub-section (1)