Chapter XII WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL

words and expressions in relation to water supply shall have the respective meanings

given below, namely:- (1)"Communication pipe" means-

1. (a) where the premises supplied with water abut on the part of

1. (b) in any other case, so much of the service pipe as lies between

pipe with the main, and also-

1. (2) "main" means a pipe laid by the Corporation for the purpose of

1. (3) "service pipe" means so much of any pipe for supplying water

1. (4) "supply pipe" means so much of any service pipe which is not a communication pipe;
2. (5) "trunk main" means a main constructed for the purposes of

1. (6) "water fitting" includes pipes (other than mains) taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in

connection with the supply and use of water.

Power to require Corpora tion to

1. (a) carry out a survey of the existing consumption of and demand forcarry out surveys

1. (b) prepare an estimate of the future water supply retirements of the Municipal area;
2. (c) carry out a survey of the existing quality of sewage disposed of

and the manner in which it is disposed of;

1. (d) formulate proposals as to-

Power to construct additional works. Function in relation to water supply. MUNICIPAL CORPORATION[1994 : Hr. Act 16

time-

1. (a) for ascertaining the sufficiency and wholesomeness of water

supplies within the Municipal area;

1. (b) for providing a supply of wholesome water in pipes to every

1. (c) for providing, as far as possible, a supply of wholesome

danger to health arises from the insufficiencyor

1. (2) If any question arises under clause (b) of sub-section(1) as to

1. (2) Apart from the charges for the domestic supply at rates as may be

fixed by the Government, additional charges wil be payable for the following supplies

ofwater:-

1. (a) for animals or for washing vehicles where such animals or

vehicles are kept for sale or hire;

1. (b) for any trade, manufacture or business;
2. (c) for fountains, swimming baths, or for any ornamental or mechanical purposes;
3. (d) for gardens or for purposes of irrigation;
4. (e) for watering roads and paths;

1. (2) The Commissioner may withdraw such supply at any time if it

fitting shall be executed by Corporation agency under the orders of the

1. (2) Notwithstandinganything contained in sub-section(1),the

Commissioner may require any owner or person applying for a supply of water to

Supply of water to connected premises. Power to supply water for non domestic purposes. Making connections with municipal water works.

Obligation of

owner or occupier

to give notice of

waste of water.

Cutting of supply

to premises.

New premises not

to be occupied without arrangement for water supply. Public gratuitous water supply. Power to lay mains.

his supervision and inspection all the work of laying and applying such

communication pipes and fittings.

this behalf.

from the said premises.

1. (2) The Commissioner may, with like approval, close a public hydrant

or other convenience when it is no longer required for the supply of wholesome

water to the public.

184.(1) The Commissioner may, lay a main whether within or outside the

limits of the Corporation-

1. (a) in any street; and
2. (b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may,

section or otherwise:

1. (2) Where the Commissioner, in exercise of the powers under this

1. (2) Where a service pipe has been lawfully laid in, over or on the land

of such action.

and from time to time renew every such hydrant.

1. (2) To denote the situation of every hydrant placed under this section,

1. (3) As soon as any such hydrant is completed, the commissioner

1. (4) The Commissioner may, at the request and expense of the owner

or occupier of any factory, workshop, trade, premises or place of business, situated

in or near a street in which a pipe is laid (and not being a trunk main and being of

sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order

from time to time to renew one or more fire hydrants to be used only for extinguishing

fires as near as conveniently may be to that factory, workshop trade premises or

place of business.

Power of Corporation to require owners of premises to set up pumps etc. Power to enter premises to detect waste or misuse of water. Power to test water fittings. Power to close or restrict use of water from polluted source of supply. Water pipes etc. not to be placed where water will be polluted. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (5) The Commissioner shall allow all persons to take water for

extinguishing fires from any pipe on which a hydrant is fixed without any payment.

storey of such premises.

examination.

1. (2) Before making any order under this section, the Commissioner

may cause the water to be analyzed at the cost of the Corporation.

1. (3) If the person to whom an order is made under this section fails to

191.(1)No water pipes shall be laid in a drain or on the surface of an open

within six meters of a latrine or cesspool.

1. (2) No latrine or cesspool shall be constructed or made within six

meters of any well, tank, water pipe or cistern or in any position where the pipe,

well, tank or cistern is likely to be injured or the water therein polluted.

[1994 : Hr. Act 16MUNICIPAL CORPORATION

1. (2) All public and other drains which are vested in the Corporation

are hereafter in this Act referred to as Corporation drains.

1. (3) For the purposes of enlarging, deepening or otherwise repairing

to vest in the Corporation.

1. (4) All drains and ventilation- shafts, pipes and all appliances and

1. (a) before or after the commencement of this Act; and
2. (b) for the use of the owner or occupier of such premises or not,

Joint and several liability of owners and occupiers for offence in relation to water supply. Public drains etc. to vest in

1. (1) All Corporation drains, all sewage disposal works and worksControl of drain

Commissioner.

1. (2) The Commissioner shall maintain and keep in repair all municipal

into any drain communicating with a Corporation drain-not to be passed

into municipal drains.

1. (a) any matter likely to injure the drain or to interfere with he free flow

Applicationby owners and occupiers to drain into municipal drain.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty- five degrees celsius being refuse or steam which, or a liquid which when so heated, is, either alone or in combination

1. (c) any dangerous petroleum. Explanation.-In this section the expression "dangerous petroleum"

has the same meaning as is assigned in the Petroleum Act, 1934

(Central Act 30 of1934).

1. (a) to discharge directly or indirectly into any Corporation drain-
   • (i) any trade effluent from any trade premises except in

accordance with bye-laws made in this behalf; or

1. (ii) any liquid or other matter the discharge of which into

Corporation drains is prohibited by or under this Act

on any other law; or

1. (b) where separate Corporation drains are provided for foul water

and for surface water to discharge directly or indirectly:-

1. (i) foul water into a drain provided for surface water; or
2. (ii) except with the permission of the Commissioner, surface

water into drain provided for foul water; or

1. (c) to have his drains made to communicate directly with a storm water overflow drain.

1. (2) Any person desirous of availing himself of the provisions sof

premises-

1. (a) to make a drain emptying into such Corporation drain or place;
2. (b) to provide and set up all such appliances and fittings as may

1. (c) to remove any existing drain or other appliance or thing used

or intended to be used for drainage which is injurious to

health;

1. (d) to provide a close drain in substitution of an open drain or to

1. (e) to provide and set up all such appliances and fittings as may

undrained premises.

New Premises not to be erected without drainage. Power to drain group or block of premises by combined operations. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) Where in any case not provided for in sub-section (1) any premises

1. (a) to construct a drain up to a point to be prescribed in such

1. (b) to construct a close cesspool or soakage pit and drain or

drains emptying into such cesspool or soakage pit.

1. (3) Any requisition for the construction of any drain under sub-

1. (a) a drain be constructed of such size, materials, and with such

1. (b) there have been provided and set up on such premises, such

1. (2) The drain so constructed shall empty into a Corporation drain

the purpose.

1. (2) The expenses incurred in carrying out any work under sub-section
2. (1) in respect of any group or block of premises shall be paid by the owners of such

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (3) Not less than fifteen days before any such work is commenced,

the Commissioner shall give to each such owner-

1. (a) written notice of the nature of the proposed work; and
2. (b) an estimate of the expenses to be incurred in respect thereof

and of the proportion of such expenses payable by him.

1. (4) The Commissioner may require the owners of such group or block

of premises to maintain the work executed under this section.

1. (a) that such drain be closed, discontinued or destroyed and that

any work necessary for that purpose be done; or

1. (b) that such drain shall, from such date as may be specified in the

which he thinks fit; and

1. (ii) the expenses of the construction of any drain so provided

the notice as to why an order under this section should not be made.

1. (2) Where no cause is shown within the specified period or the cause

close or limit the use of private drain in certain cases. Use of drain by a person other than owner.

Sewage and rain water drains to be distinct.

require owner to carry out certain works for satisfactory drainage.

Appointment of

places for the emptying of drain and disposal of sewage.

declare him to be joint owner thereof.

1. (3) An order made under sub-section (2) may contain directions as to-
   • (a) the payment of rent or compensation by the owner of the premises;
   • (b) the construction of a drain for the premises for the purpose

of connecting with the aforesaid drain;

1. (c) the entry upon the land in which the aforesaid drain is

situated with assistants and workmen at all reasonable hours;

and

1. (d) the respective responsibilities of the parties for maintaining,

repairing flushing, cleaning and emptying the aforesaid

drain.

taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate Corporation drains or other suitable places.

may by notice in writing-

1. (a) require any courtyard, alley or passage between two or more

1. (b) require such paving to be kept in proper repair.

empty into and all sewage to be disposed of at such place or places as he considers

suitable:

quality of the water into which it is discharged.

1. (2) If any railway or private street be constructed or any building,

same as he may think fit.

1. (3) The expenses incurred by the Commissioner in so doing shall be

and lines of mains or pipes or drains over, under, along or across any immovable

pipes or drains have been placed:

conduit or line of mains or pipes, or drain is placed.

1. (2) The powers conferred by sub-section (1) shall not be exercisable

water works and drains not to be made without permission. Buildings, railways and private streets not to be erected or constructed over drains or water works without permission. Right of user of property for aqueducts, lines etc.

Power of owner of premises to place pipes and drains throu gh land belonging to other persons. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (3) In the exercise of the powers conferred upon him by this section,

why the order should not be made:

any such pipe or drain is placed or carried.

1. (2) Upon the making of an order under sub-section(1) the owner of

1. (3) In placing or carrying a pipe or drain under this section, as little

1. (a) cause the pipe or drain to be placed or carried with the least practicable delay;
2. (b) fill in, reinstate and make good at his own cost and with the least practicable delay and land opened, broken up or

removed for the purpose of placing or carrying such pipe or

drain; and

1994 : Hr. Act 161MUNICIPAL CORPORATION

1. (c) pay compensation to the owner of the immovable property

1. (4) If the owner of the immovable property, over, under, along or

same:

over drains or water works without permission.

belonging to other persons.

other work connected with the water-supply or drainage across any railway line, it shall inform the railway administration who may execute the same at the cost of the

1. (1) When under the provisions of this Chapter any person may be

1. (2) The expenses incurred or likely to be incurred by the Commissioner

1. (3) The expenses referred to in sub-section (2), shall be recoverable

from the person or persons liable therefor as an arrear of tax under this Act.

or to any tree any such shaft or pipe as may appear to him to be necessary. Railway administration be informed in certain cases.

after giving notice to the person liable to do so.

drain or cesspool.

Power of Commissioner to examine and test drain etc. believed to be defective.

Employment of

Government agencies for repairs, etc. Work to be done by licensed plumber. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) If on examination the drain or cesspool is found to be in proper

defective.

except by a licensed plumber:

1. (2) Every person who employs licensed plumber to execute any work,

shall, when so required, furnish to the Commissioner the name of such plumber.

1. (3) When any work is executed except in accordance with the

1. (4) The Corporation may make bye-laws for the guidance oflicensed

1. (5) The Corporation may, from time to time, prescribe the charges to

1. (6) No licensed plumber shall, for any work referred to in sub-section
2. (5) demand or receive more than the charges prescribed therefor, under that sub-section.

1. (a) the exercise of adequate control on all licensed plumbers;
2. (b) the inspection of all works carried out by them; and
3. (c) the hearing and disposal of complaints made by the owners

charges made, by a licensed plumber.

1. (8) No licensed plumber shall contravene any of the bye-laws made

1. (9) If any licensed plumber contravenes sub-section (8), his licence

1. (a) willfully, obstruct any person acting, under the authority of

such work or deface or destroy and works made for the same purpose; or

1. (b) willfully or negligently break, injure, turn on, open, close,

1. (c) unlawfully obstruct the flow of, or flush, draw off, or divert,

1. (d) unlawfully obstruct the flow of, or flush, draw off, or divert

1. (e) obstruct any office or other employee of the Corporation in

Vesting of public streets in Corporation.

respect of public streets.

filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal or cause the water

fouled or likely to be fouled.

1. (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer

CHAPTER-XIII STREETS