The Jammu and Kashmir Water Supply Act, 1963

Short title, extent and commencement.

1. (1) This Act may be called the Jammu and Kashmir Water Supply Act, 1963.
2. (2) It shall extend to the whole of the State.
3. (3) It shall come into force on such date and in such areas as the Government may, from time to time, notify.

Definitions.- In this Act, unless the context otherwise requires :-

1. (a) "prescribed authority" means any officer or authority appointed by the Government, by notification in the Government Gazette, appointed for the purposes of this Act;
2. (b) "local area" means a municipality, a notified area or a town area constituted under any law for the time being in force and declared as such as the Government may, from time to time, notify;
3. (c) "Water authority" means a
4. (d) "owner" includes-
   • (i) every person who is entitled to receive any rent in respect of the land or building;
   • (ii) [illegible]

1. (9) [illegible]
   • (w) occupier;
   • (f) "prescribed" means prescribed by rules made under this Act.

Provision of water.-

1. (1) The Government water supply of wholesome water for public.
2. (2) For the purposes of such supply the Government may construct or maintain such water works as may erect, stand pipes or cause to be erected by the local authority and convenient stand pipes, wells or pumps for the local area.

Supply of water for purposes other than domestic purposes.- The prescribed authority may, subject to such conditions as may be prescribed, supply water for any purpose other than a domestic purpose on an application specifying the purpose which is required and the quantity likely to be consumed in connection with the execution of a deed by the applicant in the prescribed form: Provided that the prescribed authority may at any time if it considers necessary to stop or restrict supply of water for domestic purposes.

1. (2) No person shall, without the written permission of the prescribed authority, use water supplied under this Act for any purpose other than that for which its use is sanctioned.

Supply of water to consumers.-

Disposal of application Disposal of application.

Expenses of erection.- Where the application of the applicant for supply of water is accepted by the prescribed authority under sections 4 and 5, the person applying shall, at his own cost, provide all communication pipes and fittings and cause to be carried out all work of laying and applying such connection pipes and fittings for the premises for which the water supply is required.

Power to lay pipe.--The prescribed authority may, for the purposes of this Act, lay pipes across, under or over any immovable property, or for a road or street under the control of the Government, and may, at all times, do all acts and things which may be necessary or expedient for the inspection, repairing or maintaining of such pipes: Provided that such execution of work shall be with as little damage or inconvenience as possible to the public and completed within a reasonable time: Provided further that reasonable compensation to be determined by the prescribed authority shall be paid to the owner of any premises, as the case may be, for any damage at the time of such execution occasioned by the carrying out of such work: Provided also that the prescribed authority shall, 7 days' notice in writing to the owner or occupier, as the case may be, before commencing any operations, except in cases where immediate action is considered necessary, the authority may by order dispense with the necessity of a notice.

Charges for water.--The Government may, by notification in the Government Gazette, fix the charges for water supply on a metered basis or on the basis of number and size of water pipe connected or otherwise, as may be prescribed under this Act:

Meters Meters.--(1) The prescribed authority may provide meters for measuring and recording the quantity of water supplied to any person.

1. (2) The prescribed authority may determine the point between the mains and the premises of the consumer for fixing the meter.

Repairs, etc.--All meters, pipes and fittings incidental to a supply of water to any premises shall be repaired, extended and altered as may be necessary by the person requiring supply but with the permission of the prescribed authority.

Separation of premises for water service-line from the main line or, where there are two or more premises, the prescribed authority may, by notice, require the owners of such premises to lay down separate service pipes for the separate premises and the expenses of so doing shall be borne by all such persons in such proportion as may be fixed by the prescribed authority.

[Restriction of supply of water].--The prescribed authority may, from time to time, restrict the supply of water under this Act for domestic purposes.

Building not to be constructed over waterworks.--No building, wall, fence or structure shall be erected on any waterworks without the written permission of the Government.

Prohibition of certain acts affecting the water works.--No person shall--

1. (a) erect, alter, injure, damage or in any way interfere with the demarcated water works;
2. (b) construct within the area aforesaid any tank or well, or trade or agriculture or do any act whereby injury may arise to any such water works or whereby the water of any such water works may be fouled, polluted or rendered less wholesome;
3. (c) cause or suffer to perculate or drain into or upon any water works anything whereby the water therein may in any way be fouled, polluted or its quality altered;
4. (d) cause or allow to enter any animal into such water works;
5. (e) throw or put anything into or upon the water in such works;
6. (f) bathe or wash clothes in such water works; or
7. (g) do any other act which the Government may, by notification in the Government Gazette, notice.

Prohibition of certain other acts.--No person shall unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from, any main or distribution pipe or any service line, or supply of water to any machine or by using any other device.

Meter reading.--The prescribed authority may take reading of meters in such manner as may be prescribed under this Act.

Obligation of owner to give notice.--The owner of every premises in which water supply is provided with his knowledge shall be bound to give notice of any change of occupancy.

Power to enter premises.--(1) Any officer authorised in this behalf may enter any premises for the purpose of inspecting the water works.

1. (2) If such officer is refused entry into the premises for the purpose aforesaid or is prevented from performing his duties, the prescribed authority may, after giving the consumer a reasonable opportunity of being heard, cut off the supply of water to that premises:

Cutting of water supply Cutting of water supply.--(1) The prescribed authority may cut off the supply of water from any premises to which water is supplied under this Act or any rule made thereunder on any of the following grounds, namely:--

1. (a) if the owner or occupier continues to use the water or to alter the service pipe in contravention of this Act or any rule made thereunder;
2. (b) if any pipe, tap, work of fitting is out of repair to such an extent as to cause so serious a waste or misuse of water;
3. (c) if any person wilfully or negligently damages any water meter;
4. (d) if any person refuses to admit any officer of the prescribed authority into the premises which he is authorised to enter under this Act;
5. (e) if any person uses water for a purpose other than that for which it is supplied:

[UNCERTAIN: Penalty for damaging meter or fitting] Penalty for damaging meter or fitting.--No person shall wilfully or negligently damage or cause to be damaged any meter or fitting.

Fraud in respect of meters.--(1) No person shall--

1. (a) alter the index to any meter, or prevent any meter from recording the exact quantity of water supplied; or
2. (b) abstract or use water before it has been recorded by a meter set up for the purpose of such recording.

1. (2) The existence of artificial means, prevention, use, of artificial means for causing such alteration, prevention, shall be evidence of the consumer having fraudulently effected the same.

Water for extinguishing fire.--Use of water shall be free of charge in extinguishing fire.

Appeals.--(1) Subject to the provisions of this Act, an appeal shall lie from every order of the prescribed authority to the appellate authority.

1. (2) Every such appeal shall be preferred within ninety days from the date of the order: Provided that the appellate authority may entertain an appeal after the expiry of said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing it in time.
2. (3) The appellate authority shall be such person as the Government may appoint.
3. (4) On receipt of any such appeal, the appellate authority shall, after making such enquiry as it deems proper, dispose of the appeal.
4. (5) The appellate authority shall give the appellant a reasonable opportunity of being heard.
5. (6) The proceedings before the appellate authority shall be completed within four months of its institution.

Revision.--The Minister-in-charge may at any time call for the record of any order passed by any authority under this Act and if it appears to the Minister that any order passed or proceeding taken should be modified, annulled or reversed, he may pass such order as he deems fit and such order shall be final and shall not be questioned:

Penalties Penalties.--(1) Whoever contravenes the provisions of sections 4, 5, 15, 18, 19, 24 and 25 of this Act or does not comply with any notice or order issued under this Act shall be punishable with imprisonment for a term which may extend to [six months] and with fine which shall not be less than one thousand rupees.

1. (2) Whoever contravenes the provisions of section 19-A of this Act shall be punished with imprisonment for a term which may extend to six months and [with] fine which may extend to five thousand rupees [and shall not be less than three thousand rupees].

[ILLEGIBLE]

Protection of action taken under this Act.--No suit, prosecution or proceeding shall lie against any person for anything done or intended to be done under this Act in good faith.

Power to make rules.--(1) The Government may, after previous publication, make rules for carrying into effect the provisions of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
   • (a) regulating the size and nature of mains, pipes, taps and fittings whether within or outside any premises;
   • (b) the prevention of injury to or contamination of water;
   • (c) the use, maintenance and inspection of meters and all matters connected with the use of water and turning on and turning off and for preventing waste of water;
   • (d) the area of lawn or garden other than area under proviso to section 5.