Vidhi Codex

section 159

Offences relating to drinking water supply or dams.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010
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Statutory text
  1. (1) Whoever dishonesty––
    • (a) tapes, makes or causes to be made any connection with underground or underwater lines or service facilities of the Government or the licensee or supplier, as the case may be ;
    • (b) takes or makes any illegal water connection ;
    • (c) tampers a flow meter, installs or uses a tampered meter reversing connection or any other device or method which interferes with proper and accurate registration and account of water used, or which results in theft or wastage of water ;
    • (d) damages or destroys a flow meter, apparatus, equipment or wire which interferes with the proper or accurate metering of water usage ;
    • (e) uses water through a tampered meter ;
    • (f) prevents installation of meter or refuses to install a meter in his premises or unit ;
    • (g) uses water for the purpose other than for which the usage of water was authorized ;
    • (h) uses water from any water source without obtaining the permission or licence for such use ;
      • (i) installs pump on the main or any other distribution pipe line for drawal of water, adversely affecting supply of water to others ; or
    • (j) contravenes any of the provisions of chapter II or chapter VI of the Act, shall be liable, on conviction, to be punished with imprisonment for a term which may extend to one year, or with fine which may extend to rupees five thousand, or with both : Provided that in the event of second and subsequent conviction, such person shall be debarred from getting water supply for any purpose other than domestic purpose from any source for a period which shall not be less than one month but may extend to six months : Provided further that if it is proved that any artificial means or means not authorized by the Assistant Executive Engineer or the Executive Engineer or the prescribed authority or the licensee or the supplier, as the case may be, exist for the abstraction, consumption or use of water by the consumer, it shall be presumed, until the contrary is proved, that such abstraction, consumption or usage of water has been dishonestly caused by such consumer.
  2. (2) Notwithstanding anything contained in sub-section (1), whoever dishonesty––
    • (a) takes any illegal water supply from any water source for generation of electricity ;
    • (b) tampers a flow meter, installs or uses a tampered meter reversing connection or any other device or method which interferes with proper and accurate registration and account of water used for generation of electricity ;
    • (c) damages or destroys a flow meter, apparatus, equipment or wire which interferes with the proper or accurate metering of water usage for generation of electricity ;
    • (d) uses water for generation of electricity through a tampered meter ;
    • (e) uses water for generation of electricity from any water source without obtaining the licence for such use ;
    • (f) contravenes any of the provisions of chapter VI of the Act, shall be liable, on conviction, to be punished with imprisonment for a term which may extend to three years, or with fine which may extend to rupees fifty thousand but shall not be less than rupees twenty thousand, or with both.

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