The Karnataka Municipalities and Certain Other Law (Amendment) Act, 2012
Chapter XIII WATER SUPPLY AND SEWERAGE
Chapter XIII WATER SUPPLY AND SEWERAGE
186. Application of
1[certain provisions of this Chapter] .-
1[Provisions of sections 187 to 244] shall not apply to any city for which
1 Substituted by Act 31 of 2001 w.e.f. 19.11.2001.
separate water supply and sewerage arrangements are made by or under any law for the time being in force.
Chapter XIII WATER SUPPLY AND SEWERAGE
187. Construction of works
(1) The corporation may with the sanction of the Government construct, lay or erect filtration plants, reservoirs, machinery, conduits, pipes or other works for supplying water to the city and may provide tanks, reservoirs, machinery mains, fountains and other conveniences within the city for the use of the inhabitants.
- (2) The corporation may cause existing water works to be maintained and supplied with water or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water.
Chapter XIII WATER SUPPLY AND SEWERAGE
188. Trespass on water supply premises
No person shall except with permission duly obtained from the Commissioner, enter on land vested in the corporation along which a conduit or pipe runs or on any premises connected with water supply.
Chapter XIII WATER SUPPLY AND SEWERAGE
189. Prohibition of building over water mains
(1) Without the permission of the Commissioner, no building, wall or other structure shall be newly erected and no street shall be constructed over any corporation water main. (2) If any building wall or other structure be so erected or any street be so constructed, the Commissioner may cause the same to be removed or otherwise dealt with as shall appear to him fit and the expenses thereby incurred shall be paid by the person contravening the provisions of sub-section (1).
- (2) If any building wall or other structure be so erected or any street be so constructed, the Commissioner may cause the same to be removed or otherwise dealt with as shall appear to him fit and the expenses thereby incurred shall be paid by the person contravening the provisions of sub-section (1).
Chapter XIII WATER SUPPLY AND SEWERAGE
190. Control over house connections
All house connections, whether within or without the premises to which they belong, with the water supply main shall be under the control of the corporation but shall be altered repaired, and kept in proper order at the expense of the owner of the premises to which they belong or for the use of which they were constructed and in conformity with the bye-laws made in that behalf.
Chapter XIII WATER SUPPLY AND SEWERAGE
191. Payment to be made for water supplied
Notwithstanding anything contained in any law, contract or instrument, for all water supplied under this Act payment shall be made at such rates, at such times and under such conditions as may be specified by bye-laws and different rates may be prescribed for supply of water for different purposes.
Chapter XIII WATER SUPPLY AND SEWERAGE
192. Private water supply for domestic purposes.- (1) The
Commissioner may, on application by the owner or occupier of any building, arrange in accordance with the bye-laws to supply water thereto for domestic consumption and use.
- (2) It shall not be lawful for the owner of any dwelling house which may be newly constructed or reconstructed to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of the house, such supply of wholesome water as appears to the Commissioner to be sufficient for the domestic consumption and use of the inmates of the house.
- (3) Where on any land, there are two or more super structures, and the owner of the land is not the owner of all the super structures, the Commissioner may, if it appears to him that the super structures are without a proper supply of water for domestic consumption and use and that such supply can be furnished from the main not more than thirty-five meters distance from any part of any such super structure, by notice require the owner of the land to obtain such supply.
Chapter XIII WATER SUPPLY AND SEWERAGE
193. Supply of water for domestic purpose not to include any supply for certain specified purpose
The supply of water for domestic purposes shall not be deemed to include any supply,-
- (a) for any trade, manufacture or business;
- (b) for gardens or for purposes of irrigation;
- (c) for building purposes;
- (d) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purposes;
- (e) for animals, where they are kept for sale or hire for the sale of their produce or any preparation therefrom;
- (f) for the consumption and use by the inmates of hotels, boarding houses and residential clubs;
- (g) for the consumption and use by the persons resorting to theatres and cinemas;
- (h) for constructing or for watering streets; or
- (i) for washing vehicles where they are kept for sale or hire; but shall be deemed to include a supply,-
- (i) for flushing privies or drains; and
- (ii) for all baths other than swimming baths or public baths.
Chapter XIII WATER SUPPLY AND SEWERAGE
194. Water supply for domestic purposes not to be used fro non- domestic purposes
No person shall, without the written permission of the
Chapter XIII WATER SUPPLY AND SEWERAGE
195. Commissioner use or allow to be used for other than domestic purposes water supplied for domestic purposes.
Power to supply water for non-domestic purposes.- (1) The Commissioner may with the sanction of the standing committee supply water for any purposes other than a domestic purpose on such terms and conditions consistent with the bye-laws made thereunder on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed.
- (2) When an application under sub-section (1) is received, the Commissioner may, subject to such charges and rates as may be fixed by the bye-laws, lay or allow to be laid the necessary pipes and water fittings of such dimensions and description as may be prescribed by the bye-laws and may arrange for the supply of water through such pipes and fittings.
Chapter XIII WATER SUPPLY AND SEWERAGE
196. Supply of water to Government and local authorities
The corporation may supply water to the Government or any other local authority on such terms as to payment, the period and the conditions of supply as shall be determined by it.
Chapter XIII WATER SUPPLY AND SEWERAGE
197. Public water supply
(1)The corporation shall provide a supply of wholesome drinking water within the city and shall erect sufficient stand pipes, fountains and other conveniences for the gratuitous supply of water. (2) The Commissioner may close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public.
- (2) The Commissioner may close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public.
Chapter XIII WATER SUPPLY AND SEWERAGE
198. Power to lay mains
(1)Notwithstanding anything contained in any other law for the time being in force, the corporation may lay a main whether within or outside the local limits of the city,-
- (a) in any street or any land vested in the Government, the corporation or any other local authority;
- (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 inspect, repair, alter or renew or may at any time remove any main so laid: Provided that where the consent required for the purpose of this sub- section is withheld, the corporation may, after giving the owner or occupier of the land a written notice of its intention so to do, lay the main in, over or on that land without such consent.
- (2) Where the corporation, in exercise of the powers under this section, lays a main in, over or on any land not forming part of a street or land referred to in clause (b) of sub-section (1), or inspects, repairs, alters, renews or removes a main so laid in, over or on any such land it shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reason of the inspection, laying, repair, alteration, renewal or removal of the main.
Chapter XIII WATER SUPPLY AND SEWERAGE
199. Power to lay service pipes, etc
(1) The corporation may in any street or in any land referred to in clause (b) of sub-section (1) of section 198 whether within or outside the local limits of the city lay such service pipes with such stopcocks and other water fittings as it may deem necessary for supplying water to premises and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in such street or land whether by virtue of this section or otherwise.
- (2) Where a service pipe has been lawfully laid in, over or on the land not forming part of a street or land referred to in sub-section (1), such officers as the Commissioner may authorise may enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.
Chapter XIII WATER SUPPLY AND SEWERAGE
200. Provision of fire hydrants
(1)The Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.
- (2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.
- (3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at such place where a public fire engine is kept and in such other places as he deems necessary.
- (4) The corporation 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 and 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.
- (5) The corporation shall allow all persons to take water for extinguishing fires from any pipe on which a hydrant is fixed without any payment.
Chapter XIII WATER SUPPLY AND SEWERAGE
201. Power to require owners of premises to set up pumps, etc.-
The owner of every premises when so required by the corporation shall provide a pump and set up electric pumps or other contrivances whereby water may be caused to reach to the top of the topmost story of such premises.
Chapter XIII WATER SUPPLY AND SEWERAGE
202. Supply of water
The Commissioner may permit the owner, lessee or occupier of any premises to connect the premises by means of supply of pipes for conveying through the premises supply of water for his domestic purposes from the corporation water works subject to the requirements of section 203.
Chapter XIII WATER SUPPLY AND SEWERAGE
203. Laying of supplying pipes, etc
(1) An owner, lessee or occupier of any premises who desires to have supply of water for his domestic purposes from the corporation water works shall comply with the following requirements, namely:-
- (a) he shall give to the Commissioner fourteen days notice of his intention to lay the necessary supply pipe; and
- (b) he shall lay the supply pipe at his own expense having first obtained as respects any land not forming part of a street, the consent of the owner or occupiers thereof: Provided that where any part of the supply pipe is to be laid in a street he shall not himself break open the street or lay that part of the pipe.
- (2) Upon the receipt of the notice referred to in sub-section (1), the Commissioner shall lay the necessary communication pipe and any part of the supply pipe which is to be laid in a street and shall connect a communication pipe with the supply pipe.
- (3) The expenses reasonably incurred by the Commissioner in executing the work which he is required or authorised by this section to execute shall be repaid to the corporation by the person by whom the notice was given and may be recovered from such person as an arrear of water rate under this Act: Provided that if under the provision of this section the Commissioner lays a main in lieu of the supply pipe the additional cost incurred in laying the main instead of a supply pipe shall be borne by him.
- (4) Notwithstanding anything contained in the foregoing provisions of this section, the Commissioner may, within a reasonable time after the service of the notice upon him, require the person giving the notice to pay to it in advance, the cost of the work as estimated by the corporation or to give security for payment thereof to its satisfaction.
- (5) If any payment made to the corporation under sub-section (4) exceeds the expenses which it would be entitled to recover from the person giving the notice, the excess shall be repaid by it and if and so far as those expenses are not covered by the payment, the corporation may recover the balance from such person as an arrear of water rate under this Act.
Chapter XIII WATER SUPPLY AND SEWERAGE
204. Power to require separate service pipes
(1) The corporation may require the provision of a separate service pipe for each of the premises supplied or to be supplied by it with water. (2) If, in the case of any premises already supplied with water but not having a separate service pipe, the corporation gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a street, and the corporation shall, within fourteen days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications. (3) If an owner upon whom a notice has been served under sub-section (2) fails to comply therewith the corporation may itself execute the work which the owner was required to execute and recover the expenses reasonably incurred by it in executing the work as an arrear of water rate under this Act.
- (2) If, in the case of any premises already supplied with water but not having a separate service pipe, the corporation gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a street, and the corporation shall, within fourteen days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications.
- (3) If an owner upon whom a notice has been served under sub-section
- (2) fails to comply therewith the corporation may itself execute the work which the owner was required to execute and recover the expenses reasonably incurred by it in executing the work as an arrear of water rate under this Act.
Chapter XIII WATER SUPPLY AND SEWERAGE
205. Stopcocks
(1) On every service pipe laid the corporation may fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary. (2) Every stopcock fitted on a service pipe shall be placed in such position as the corporation deems most convenient: Provided that,- (a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises; and (b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.
- (2) Every stopcock fitted on a service pipe shall be placed in such position as the corporation deems most convenient: Provided that,-
- (a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises; and
- (b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.
Chapter XIII WATER SUPPLY AND SEWERAGE
206. Power to provide meters
(1) The corporation may provide a water meter and attach the same to the service pipe in premises connected with the corporation water works.
- (2) The expenses of attaching a meter under sub-section (1) shall be paid by the owner of the premises.
- (3) The use, rent to be paid for such use, maintenance and testing of meters shall be regulated by the bye-laws.
Chapter XIII WATER SUPPLY AND SEWERAGE
207. Presumption as to correctness of meters
Whenever water is supplied by the corporation through a meter, it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.
Chapter XIII WATER SUPPLY AND SEWERAGE
208. Prohibition of waste or misuse of water
(1) No person shall wilfully or negligently cause or suffer any water fitting which he is liable to maintain,-
- (a) to be or remain so out of order or so in need of repair; or
- (b) to be or remain so constructed or adopted or to be so used, that the water supplied to him by the corporation is or is likely to be wasted, misused or unduly consumed, or contaminated before use, or that foul air or an impure matter is likely to return into any pipe belonging to, or connected with a pipe belonging to the corporation.
- (2) If any water fitting which any person is liable to maintain is in such a condition or so constructed or adapted as aforesaid, the corporation, without prejudice to any action under any other provisions of this Act, may require that person to carry out any necessary repairs or alterations and if he fails to do so within forty-eight hours may itself carry out the work and recover from him the expenses reasonably incurred by it in so doing, as an arrear of water rate payable under this Chapter.
Chapter XIII WATER SUPPLY AND SEWERAGE
209. Power to enter premises to detect waste or misuse of water.-
The Commissioner or any officer authorised by the corporation may, between sunrise and sunset, enter any premises supplied with water by the corporation in order to examine if there is any waste or misuse of such water and the
Chapter XIII WATER SUPPLY AND SEWERAGE
210. Commissioner or such officer shall not be refused admittance to the premises nor shall he be obstructed by any person in making his examination.
Power to test water fittings.- The Commissioner or other officer may test any water fitting used in connection with water supplied by the corporation.
Chapter XIII WATER SUPPLY AND SEWERAGE
211. Water pipes, etc., not to be placed where water will be polluted
(1) No water pipe shall be laid in a drain or on the surface of an open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and except with the approval of the corporation no cistern shall be construed within six meters of a privy or cesspool.
- (2) No privy or cesspool shall be constructed or made within six meters of any water pipe or cistern or in any position where the pipe or cistern is likely to be injured or the water therein polluted.
Chapter XIII WATER SUPPLY AND SEWERAGE
212. Power to cut off water supply
(1) The Commissioner may cut off the supply of water from any premises,- (a) if the premises are unoccupied; (b) if the owner or occupier neglects to comply with any lawful order or requisition regarding water supply issued by the Commissioner within the period specified therein; (c) if any charges or any other sum due for water or for the cost of making a connection or the hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by or under this Act is not paid within fifteen days after a bill for such charges or sums has been presented or served; (d) if after receipt of a notice from the Commissioner requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of the provisions of this Act or any rule or bye-laws made thereunder; (e) if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying water; (f) if the owner or occupier refuses to admit the Commissioner or any person authorised by him in this behalf into the premises which he proposes to enter for the purpose of executing any work or of placing or removing any apparatus or of making any examination or inquiry in connection with the water supply or prevents the Commissioner or any person authorised by him doing such work, from placing or removing such apparatus or making such examination or inquiry; (g) if any pipes, taps, works or fittings connected with the water supply are found on examination by the Commissioner or any person authorised by him to be out of repair to such an extent as to cause waste or contamination of water; (h) if the owner or occupier causes pipes, taps, works or fittings connected with the corporation water supply to be placed, removed, repaired or otherwise interfered with in contravention of the provisions of this Act, the rules or bye-laws made thereunder: Provided that the Commissioner shall not cut off the supply of water unless notice of not less than three days has been given to the owner or occupier of the premises. (2) (a) The owner and the occupier of the premises shall be jointly and severally liable for the payment of all the sums referred to in clause (c) of sub- section (1). (b) The sums referred to in clause (a) shall be a charge on the premises. (3) The expenses of cutting off the supply shall be payable by the owner and occupier of the premises jointly and severally. (4) In respect of any premises from which water supply is cut off under clause (c) of sub-section (1), as soon as any money for non-payment of which water has been cut off together with the expenses of cutting off the supply has been paid by the owner or occupier, the Commissioner shall cause water to be supplied as before on payment of the cost of re-connecting the premises with the water works. (5) Action taken under this section against any person shall be without prejudice to any penalties to which he may otherwise be liable.
- (a) if the premises are unoccupied;
- (b) if the owner or occupier neglects to comply with any lawful order or requisition regarding water supply issued by the Commissioner within the period specified therein;
- (c) if any charges or any other sum due for water or for the cost of making a connection or the hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by
or under this Act is not paid within fifteen days after a bill for such charges or sums has been presented or served;
- (d) if after receipt of a notice from the Commissioner requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of the provisions of this Act or any rule or bye-laws made thereunder;
- (e) if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying water;
- (f) if the owner or occupier refuses to admit the Commissioner or any
person authorised by him in this behalf into the premises which he proposes to enter for the purpose of executing any work or of placing or removing any apparatus or of making any examination or inquiry in connection with the water supply or prevents the Commissioner or any person authorised by him doing such work, from placing or removing such apparatus or making such examination or inquiry;
- (g) if any pipes, taps, works or fittings connected with the water supply are found on examination by the Commissioner or any person authorised by him to be out of repair to such an extent as to cause waste or contamination of water;
- (h) if the owner or occupier causes pipes, taps, works or fittings connected with the corporation water supply to be placed, removed, repaired or otherwise interfered with in contravention of the provisions of this Act, the rules or bye-laws made thereunder: Provided that the Commissioner shall not cut off the supply of water unless notice of not less than three days has been given to the owner or occupier of the premises.
- (2) (a) The owner and the occupier of the premises shall be jointly and severally liable for the payment of all the sums referred to in clause (c) of sub- section (1).
- (b) The sums referred to in clause (a) shall be a charge on the premises.
- (3) The expenses of cutting off the supply shall be payable by the owner and occupier of the premises jointly and severally.
- (4) In respect of any premises from which water supply is cut off under clause (c) of sub-section (1), as soon as any money for non-payment of which water has been cut off together with the expenses of cutting off the supply has been paid by the owner or occupier, the Commissioner shall cause water to be supplied as before on payment of the cost of re-connecting the premises with the water works.
- (5) Action taken under this section against any person shall be without prejudice to any penalties to which he may otherwise be liable.
Chapter XIII WATER SUPPLY AND SEWERAGE
213. Joint and several liability of owners and occupiers for offence in relation to water supply
If any offence relating to water supply is committed under this Act on any premises connected with the corporation water works, the owner, the person primarily liable for the payment of the charges for water, and the occupier of the said premises shall be jointly and severally liable for such offence.
Chapter XIII WATER SUPPLY AND SEWERAGE
214. Non-liability of corporation when supply is reduced or not made in certain cases
The corporation shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water in the case of unusual drought, other unavoidable cause or accident, or the necessity for relaying or repairing pipes.
Chapter XIII WATER SUPPLY AND SEWERAGE
215. Right of user of conduits, lines, etc
(1) The corporation may place and maintain conduits and lines of mains or pipes over, under, along or across any immovable property whether within or outside the local limits of the city without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any conduits or lines of mains or pipes, enter on any property over, under, along or across which the conduits or lines of mains or pipes have been placed: Provided that the corporation shall not acquire any right other than a right of user in the property over, under, along or across which any conduit or line of mains or pipes is placed.
- (2) In the exercise of the powers conferred upon it by this section, the corporation shall cause as title damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by it.
Chapter XIII WATER SUPPLY AND SEWERAGE
216. Power of owner of premises to place pipes through land belonging to other persons
(1) If it appears to the corporation that the only or most convenient means of water supply to any premises is by placing or carrying any pipe over, under, along or across the immovable property of another person, it may by order in writing, authorise the owner of the premises to place or carry such pipe over, under, along or across such immovable property: Provided that before making any such order the corporation shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be specified in the bye-laws made in this behalf as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe is placed or carried.
- (2) Upon the making of an order under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe over, under, along or across such immovable property or for the purpose of repairing the same.
- (3) In placing or carrying a pipe under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall,-
- (a) cause the pipe to be placed or carried with the least practicable delay;
- (b) fill in, reinstate and make good at his own cost with the least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying such pipe; and
- (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe.
- (4) If the owner of the immovable property, over, under, along or across which a pipe has been placed or carried under this section whilst such immovable property was not built upon, desires to erect any building on such property, the corporation shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe in such manner as shall be approved by him and to fill in, re-instate and make good the immovable property as if the pipe had not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the corporation it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe should be closed, removed or diverted.
Chapter XIII WATER SUPPLY AND SEWERAGE
217. Power to execute work after giving notice to the person liable
(1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the corporation may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by it for this purpose.
- (2) The expenses incurred or likely to be incurred by the corporation in the execution of any such work shall be payable by the said person and the expenses incurred by the corporation in connection with the maintenance of such work shall be payable by the person or persons enjoying the amenities and conveniences rendered possible by such work.
- (3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable therefor as an arrear of water charges payable under this Chapter.
Chapter XIII WATER SUPPLY AND SEWERAGE
218. Work connected with water supply to be done by licensed plumber
(1) No person other than a licensed plumber shall execute any work connected with water supply and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Commissioner the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
- (2) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Commissioner the name of such plumber.
- (3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the corporation without prejudice to the right of the corporation to prosecute under this Act the person at whose instance such work has been executed.
- (4) The corporation may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every license granted to plumbers by the corporation.
- (5) The corporation may prescribe the charges to be paid to licensed
plumbers for any work done by them under or for any of the purposes of this
Chapter.
- (6) No licensed plumber shall, for any work referred to in sub-section (5), demand or receive more than the charge prescribed therefor under that sub-section.
- (7) The corporation shall make bye-laws providing for,-
- (a) the exercise of adequate control on all licensed plumbers;
- (b) the inspection of all works carried out by them; and
- (c) the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of work done, material used, delay in execution of work, and the charges made by a licensed plumber.
- (8) No licensed plumber shall contravene any of the bye-laws made in this behalf or execute carelessly or negligently any work under this Act or make use of bad materials, appliances or fittings.
- (9) If any licensed plumber contravenes sub-section (8), his license may be suspended or cancelled whether he is prosecuted under this Act or not.
Chapter XIII WATER SUPPLY AND SEWERAGE
219. Prohibition of certain acts relating to water supply
(1) No person shall,- (a) wilfully obstruct any person acting under the authority of the corporation in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out the lines of such work, or deface or destroy any works made for the same purpose; or (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the corporation; or (c) unlawfully obstruct the flow of or flush, draw off or divert or take water from any water work belonging to the corporation or any water course by which any such water is supplied; or (d) obstruct any officer or other employee of the corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water work; or (e) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal or cause water of any sink, or drain or any steam engine or boiler or any polluted water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled. (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.
- (a) wilfully obstruct any person acting under the authority of the corporation in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out the lines of such work, or deface or destroy any works made for the same purpose; or
- (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the corporation; or
- (c) unlawfully obstruct the flow of or flush, draw off or divert or take water from any water work belonging to the corporation or any water course by which any such water is supplied; or
- (d) obstruct any officer or other employee of the corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water work; or
- (e) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal or cause water of any sink, or drain or any steam engine or boiler or any polluted
water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled.
- (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.
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220. Bye-laws regarding water supply
(1) The corporation may make bye-laws relating to water supply to carry out the purposes of this Chapter. (2) In particular and without prejudice to the generality of the foregoing provision, such bye-laws may provide for,- (a) the power of the corporation,- (i) to stop the supply of water, whether for domestic purposes or not, or for gratuitous use; and (ii) to prohibit the sale and use of water for the purpose of business; (b) the connection of supply pipes for conveying to any premises a supply of water from corporation water works; (c) the making and renewing connections with corporation water works; (d) the power of the corporation to take charge of private connections; (e) the power of the corporation to alter the position connections; (f) the equitable distribution of water supplied to occupiers; (g) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any corporation water works and the stamping of pipes and fittings and fees for such stamping; (h) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination to be so defective that they cannot be effectively repaired; (i) the provision and maintenance of meters when water is supplied by measurement; (j) the prohibition of fraudulent and unauthorised use of water and the prohibition of tampering with meters; (k) the maintenance of pipes, cisterns and other water works; (l) the licensing of plumbers and fitters and for the compulsory employment of licensed plumbers and fitters; (m) any other matter which is to be or may be provided for by bye-laws made under this Chapter. (3) In making any bye-laws under this section, the corporation may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees and in case of continuing breach with an additional fine which may extend to ten rupees for every day during which the breach continues after receipt of a notice from the corporation to discontinue such breach.
- (2) In particular and without prejudice to the generality of the foregoing provision, such bye-laws may provide for,-
- (a) the power of the corporation,-
- (i) to stop the supply of water, whether for domestic purposes or not, or for gratuitous use; and
- (ii) to prohibit the sale and use of water for the purpose of business;
- (b) the connection of supply pipes for conveying to any premises a supply of water from corporation water works;
- (c) the making and renewing connections with corporation water works;
- (d) the power of the corporation to take charge of private connections;
- (e) the power of the corporation to alter the position connections;
- (f) the equitable distribution of water supplied to occupiers;
- (g) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any corporation water works and the stamping of pipes and fittings and fees for such stamping;
- (h) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination to be so defective that they cannot be effectively repaired;
- (i) the provision and maintenance of meters when water is supplied by measurement;
- (j) the prohibition of fraudulent and unauthorised use of water and the prohibition of tampering with meters;
- (k) the maintenance of pipes, cisterns and other water works;
- (l) the licensing of plumbers and fitters and for the compulsory employment of licensed plumbers and fitters;
- (m) any other matter which is to be or may be provided for by bye-laws made under this Chapter.
- (a) the power of the corporation,-
- (3) In making any bye-laws under this section, the corporation may
provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees and in case of continuing breach with an additional fine which may extend to ten rupees for every day during which the breach continues after receipt of a notice from the corporation to discontinue such breach.
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221. Vesting of sewers, etc., in corporation
(1) All public sewers, all sewers in, alongside or under any public street within the city and all sewage disposal works whether constructed out of the corporation fund or otherwise, and all works materials and things appertaining thereto, shall vest in the corporation.
- (2) All public and other sewers which are vested in the corporation are hereinafter in this Act referred to as corporation sewers.
- (3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such sewer or sewage disposal work so much of the sub-soil appertaining thereto as may be necessary for the said purpose shall be deemed also to vest in the corporation.
- (4) All sewers and ventilation-shafts, pipes and all appliances and fittings connected with the sewerage works constructed, erected or set up out of the funds of the corporation in or upon premises not belonging to the corporation whether,-
- (a) before or after the date on which a corporation is established under this Act, and
- (b) for the use of the owner or occupier of such premises or not, shall, unless the corporation has otherwise determined, or does at any time otherwise determine, vest in the corporation.
Chapter XIII WATER SUPPLY AND SEWERAGE
222. Maintenance of sewers and sewage disposal works
The corporation shall maintain and keep in repair all corporation sewers and sewage disposal works and shall construct as many new drains and sewage disposal works as may from time to time be necessary for effectual sewerage of the city.
Chapter XIII WATER SUPPLY AND SEWERAGE
223. Certain matters not to be passed into corporation sewers.- (1)
No person shall throw, empty or turn into any corporation sewer or into any drain or sewer communicating with a corporation sewer,-
- (a) any matter likely to injure the sewer or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or
- (b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade, being refuse or steam which, or a liquid of which, when so heated, is, either along or in combination with the contents of the sewer, dangerous, or the cause of a nuisance, or prejudicial to health; or
- (c) any dangerous petroleum.
- (2) In this section, the expression "dangerous petroleum" has the same meaning as in the Petroleum Act, 1934 (Central Act 30 of 1934).
Chapter XIII WATER SUPPLY AND SEWERAGE
224. Application by owners and occupiers to drain into corporation sewer
(1) Subject to such conditions as may be laid down in the bye-laws, the owner or occupier of any premises having a private drain, or the owner of any private drain within the city may apply to the corporation to have his drain made to communicate with the corporation sewers and thereby to discharge foul water and surface water from those premises or that private drain: Provided that nothing in this sub-section shall entitle any person to discharge directly or indirectly into any corporation sewer,-
- (i) any trade effluent from any trade premises except in accordance with the bye-laws made in this behalf; or
- (ii) any liquid or other matter the discharge of which into corporation sewers is prohibited by or under this Act or any other law.
- (2) Any person desirous of availing himself of the provisions of sub- section (1) shall give to the corporation notice of his proposals, and at any time within one month after receipt thereof, the Commissioner may by notice to him refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the sewerage system, and for the purpose of examining the mode of construction and condition of the drain he may, if necessary, require it to be laid open for inspection.
- (3) The Commissioner may, if he thinks fit, construct such part of the work necessary for connecting a private drain with a corporation sewer as is in or under a public street and in such a case, the expenses incurred by the Commissioner shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of charges payable under this Act.
Chapter XIII WATER SUPPLY AND SEWERAGE
225. Drainage of undrained premises
(1) Where any premises are in the opinion of the Commissioner without sufficient means of effectual drainage and a Corporation sewer or some place approved by the corporation for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty five meters from any part of the said premises, he may, by written notice require the owner of the said premises,- (a) to make a drain emptying into such corporation sewer or place; (b) to construct a closed cesspool or soakage pit and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matters from and conveying the same of the said premises and of effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health; (d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health. (e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts by down-take pipes so as to prevent such waste from discharging directly on streets or inside any lower portion of the premises; (f) to carry out any work to improve or re-model an existing drain which is inadequate, insufficient or faulty. (2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the Commissioner without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises,- (a) to construct a drain up to a point to be specified in such notice which shall not be less than thirty-five meters from any part of the premises; or (b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit. (3) Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub-section (1). (4) Where the owner of any premises to whom a notice has been issued under sub-section (2) fails to execute the work within three months from the date of receipt of such notice, the Commissioner shall cause such work to be executed and thereupon, the provisions of section 237 shall apply as if the said work is executed in accordance with the said section.
- (a) to make a drain emptying into such corporation sewer or place;
- (b) to construct a closed cesspool or soakage pit and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matters from and conveying the same of the said premises and of effectually flushing such drain and every fixture connected therewith;
- (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health;
- (d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health.
- (e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts by down-take pipes so as to prevent such waste from discharging directly on streets or inside any lower portion of the premises;
- (f) to carry out any work to improve or re-model an existing drain which is inadequate, insufficient or faulty.
- (2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the Commissioner without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises,-
- (a) to construct a drain up to a point to be specified in such notice which shall not be less than thirty-five meters from any part of the premises; or
- (b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit.
- (3) Any requisition for the construction of any drain under sub-section
- (2) may contain any of the details specified in sub-section (1).
- (4) Where the owner of any premises to whom a notice has been issued under sub-section (2) fails to execute the work within three months from the date of receipt of such notice, the Commissioner shall cause such work to be executed and thereupon, the provisions of section 237 shall apply as if the said work is executed in accordance with the said section.
Chapter XIII WATER SUPPLY AND SEWERAGE
226. New premises not to be erected without drains
(1) In areas in which corporation sewers are provided it shall not be lawful to erect or to re- erect any premises or to occupy any such premises unless,- (a) a drain be constructed of such size, materials and description, at such level and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such premises; (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith. (2) The drain so constructed shall empty into a corporation sewer. (3) The provisions of this section shall be applicable to premises any part of which is situated within a distance of thirty-five meters from a corporation sewer.
- (a) a drain be constructed of such size, materials and description, at such level and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such premises;
- (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.
- (2) The drain so constructed shall empty into a corporation sewer.
- (3) The provisions of this section shall be applicable to premises any part of which is situated within a distance of thirty-five meters from a corporation sewer.
Chapter XIII WATER SUPPLY AND SEWERAGE
227. Power to drain group or block of premises by combined operations
(1) If it appears to the Commissioner that any group or block of premises may be drained more economically or advantageously in combination than separately, and a corporation sewer of sufficient size already exists or is about to be constructed within thirty-five meters of any part of that group or block of premises the Commissioner may cause that group or block of premises to be drained by a combined operation.
- (2) The expenses incurred in carrying out any work under sub-section
- (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportion as the Commissioner may determine and shall be recoverable from them as an arrear of charges payable under this Act.
- (3) Not less than fifteen days before any such work is commenced, the Commissioner shall give to each such owner,-
- (a) written notice of the nature of the proposed work, and
- (b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him.
- (4) The Commissioner may require the owner of such group or block of premises to maintain the work executed under this section.
Chapter XIII WATER SUPPLY AND SEWERAGE
228. Power of Commissioner to close or limit the use of private drains in certain cases
Where a drain connecting any premises with a corporation sewer is sufficient for the effectual drainage of such premises and is otherwise un-objectionable but is not, in the opinion of the Commissioner adopted to the general system of sewerage in the city he may, by written notice addressed to the owner of the premises, direct,-
- (a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or
- (b) that such drain shall, from such date as may be specified in the
notice in this behalf be used for filth and polluted water only or for rain water and unpolluted sub-soil water only: Provided that,-
- (i) no drain may be closed, discontinued or destroyed by the Commissioner under clause (a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any corporation sewer which he thinks fit; and
- (ii) the expenses of the construction of any drain so provided by the
Chapter XIII WATER SUPPLY AND SEWERAGE
229. Commissioner and of any work done under clause (a) shall be borne by the corporation.
Use of drain by a person other than the owner.- (1) Where the
Commissioner either on receipt of an application from the owner of any premises or otherwise is of the opinion that the only, or the most convenient means of effectual drainage of the premises into a corporation sewer is through a drain belonging to another person, the Commissioner may by notice in writing require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made.
- (2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient, the Commissioner may, by order in writing either authorise the owner of the premises to use the drain or declare him to be a joint owner thereof.
- (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 it with the aforesaid drain;
- (c) the entry upon the land in which the aforesaid drain is situate with assistants and workmen at all reasonable hours;
- (d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.
Chapter XIII WATER SUPPLY AND SEWERAGE
230. Sewage and rainwater drains to be distinct
Whenever it is provided in this Chapter that steps shall or may be 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 subsoil water or both rain water and unpolluted sub-soil water each emptying into a separate corporation sewer or corporation drain or other suitable places.
Chapter XIII WATER SUPPLY AND SEWERAGE
231. Power to require owner to carry out certain works for satisfactory drainage
For the purpose of efficient drainage of any premises, the Commissioner may, by notice in writing,-
- (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings with such materials and in such manner as may be approved by the corporation; and
- (b) require such paving to be kept in proper repair.
Chapter XIII WATER SUPPLY AND SEWERAGE
232. Appointment of places for the emptying of sewers and disposal of sewage
The Commissioner may cause any or all of the corporation sewers to empty into and all sewage to be disposed of at such place or places as he considers suitable: Provided that on and after such date as may be appointed by the corporation in this behalf no sewage shall be discharged into any water-course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.
Chapter XIII WATER SUPPLY AND SEWERAGE
233. Connection with sewers not to be made without permission.-
Without the written permission of the Commissioner no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communication with any sewer referred to in section 226 constructed or maintained by, or vested in, the corporation.
Chapter XIII WATER SUPPLY AND SEWERAGE
234. Buildings and private streets not to be erected or constructed over sewers without permission
(1) Without the written permission of the
Commissioner no private street shall be constructed and no building, wall, fence or other structure shall be erected on any corporation sewer constructed or maintained by, or vested in, the corporation.
- (2) If any private street be constructed or any building, wall, fence or structure erected on any sewer as aforesaid without the written permission of the Commissioner, the Commissioner may remove or otherwise deal with the same as he thinks fit.
- (3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the person offending and shall be recoverable as an arrear of charges payable under this Act.
Chapter XIII WATER SUPPLY AND SEWERAGE
235. Right of user of property for laying sewers
(1) The corporation may place and maintain sewers over, under, along or across any immovable property whether within or outside the local limits of the corporation, without acquiring the same, and any officer or servant of the corporation may at any time for the purpose of examining, repairing, altering or removing any sewer enter on any property over, under, along or across which the sewers have been laid: Provided that the corporation shall not acquire any right other than a right of user in property over, under, along or across which any sewer is laid. (2) In exercise of the powers conferred under this section, the corporation shall cause as little damage as may be possible, and shall make full compensation for any damage caused by it.
- (2) In exercise of the powers conferred under this section, the corporation shall cause as little damage as may be possible, and shall make full compensation for any damage caused by it.
Chapter XIII WATER SUPPLY AND SEWERAGE
236. Power of owner of premises to lay sewer through land belonging to other persons
(1) If it appears to the Commissioner that the only or more convenient means of sewerage of any premises is by laying any sewer over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to lay or carry such sewer over, under, along or across such immovable property: Provided that before making any such order the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within forty-five days as to why such an order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under along or across which any such sewer is laid.
- (2) Upon the making of an order under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purposes of laying a sewer over, under, along or across such immovable property or for the purpose of repairing the same.
- (3) In laying a sewer under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall,-
- (a) cause the sewer to be laid with the least practicable delay;
- (b) fill in, reinstate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of laying such sewer; and
- (c) pay compensation to the owner of the immovable property and to
any other person who sustains damage by reason of the laying of such sewer.
- (4) If the owner of the immovable property, over, under, along or across which a sewer has been laid under this section whilst such immovable property was not built upon desires to erect any building on such property, the Commissioner shall, by notice in writing, require the owner of the premises to close, remove or divert the sewer in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the sewer had not been laid over, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary to expedient for the construction of the proposed building or the safe enjoyment thereof that the sewer should be closed, removed or diverted.
Chapter XIII WATER SUPPLY AND SEWERAGE
237. Power to execute work after giving notice to the person liable.-
- (1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Commissioner, in accordance with the provision of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by it for this purpose.
- (2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any such work shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work shall be payable by the person or persons enjoying such amenities and convenience rendered possible by such work.
- (3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable therefor as an arrear of charges payable under this Act.
Chapter XIII WATER SUPPLY AND SEWERAGE
238. Power to affix shafts, etc., for ventilation of sewer or cesspool
For the purpose of ventilating any sewer or cesspool, whether vested in the corporation or not, the Commissioner may, in accordance with the bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to it to be necessary.
Chapter XIII WATER SUPPLY AND SEWERAGE
239. Power to examine and test sewers, etc., believed to be defective
(1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private sewer or cesspool is in such condition as to be prejudicial to health or to be a nuisance or that a private sewer communicating directly or indirectly with a corporation sewer is so defective as to admit sub-soil water, he may examine its condition and for that purpose may apply any test, other than a test by water under pressure, and if he deems it necessary, open the ground.
- (2) If, on examination, the sewer or cesspool is found to be in proper
condition, the Commissioner shall, as soon as possible, reinstate any ground which has been opened by him and make good the damage done by him.
Chapter XIII WATER SUPPLY AND SEWERAGE
240. Work connected with the corporation sewerage system to be done by licensed plumber
(1) No person other than a licensed plumber shall execute any work connected with the corporation sewerage system and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the corporation Engineer, the work is of a trivial nature he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
- (2) The provisions of section 218 shall be applicable in respect of any work connected with any drain as they are applicable in respect of any work connected with water supply.
Chapter XIII WATER SUPPLY AND SEWERAGE
241. Prohibition of certain acts relating to sewerage
No person shall,- (a) wilfully obstruct any person acting under the authority of the corporation or the Commissioner in setting out the lines of any works or pull up or remove any pillar, posts or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works, made for the same purpose; or (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, or other work or apparatus belonging to the corporation; or (c) unlawfully obstruct the flow of or flush, draw off, divert or take sewage from any sewage work belonging to the corporation; or (d) obstruct any officer or other employees of the corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage work.
- (a) wilfully obstruct any person acting under the authority of the corporation or the Commissioner in setting out the lines of any works or pull up or remove any pillar, posts or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works, made for the same purpose; or
- (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, or other work or apparatus belonging to the corporation; or
- (c) unlawfully obstruct the flow of or flush, draw off, divert or take sewage from any sewage work belonging to the corporation; or
- (d) obstruct any officer or other employees of the corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage work.
Chapter XIII WATER SUPPLY AND SEWERAGE
242. Bye-laws regarding sewerage
(1) The corporation may make bye-laws relating to sewerage to carry out the purposes of this Chapter.
- (2) In particular and without prejudice to the foregoing provisions, such bye-laws may provide for,-
- (a) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers;
- (b) the regulation in any manner not specifically provided for in this Act, of the construction, alteration, maintenance, preservation, cleaning and repairs of sewers, ventilation shafts, pipes, latrines, urinals, cesspools and other sewerage works;
- (c) the cleaning of sewers;
- (d) the prohibition of erection of buildings over sewers without the permission of the corporation or the Commissioner;
- (e) the connection of private drains with corporation sewers;
- (f) the location and construction of cesspools;
- (g) the covering and ventilation of cesspools;
- (h) the period or periods of the day during which trade effluent may be discharged from any trade premises into corporation sewers;
- (i) the exclusion from trade effluent of all condensing matter;
- (j) the elimination from trade effluent before it enters corporation sewer, of any constituent which in the opinion of the corporation would, either alone or in combination with any matter with which it is likely to come into contact while passing through corporation sewers, injure or obstruct those sewers or make specially difficult or expensive the treatment or disposal of the sewage from those sewers;
- (k) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into corporation sewers on any one day and the highest rate at which trade effluent may, without such consent or permission be discharged from any trade premises into corporation sewers;
- (l) the regulation of the temperature of trade effluent at the time of its discharge into corporation sewers and the securing of the neutrality of trade effluent (that is to say, that it is neither acidic nor alkaline) at the time of such discharge;
- (m) the charge to be paid to the corporation by occupiers of trade premises for the reception of trade effluent into corporation sewers and disposal thereof;
- (n) the provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take at any time samples of what is passing into corporation sewers from trade premises;
- (o) the provision and maintenance of such meters as may be required to measure the volume of any effluent being discharged from any trade premises into corporation sewers, and the testing of such meters.
- (p) any other matter which has to be or may be provided for by bye-laws made under this Chapter.
- (3) In making any bye-law under this section, the corporation may
provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees and in case of a continuing breach with an additional fine which may extend to ten rupees for every day during which the breach continues after receipt of a notice from the corporation to discontinue such breach.
Chapter XIII WATER SUPPLY AND SEWERAGE
243. Inspection of corporation water works or sewerage works by persons appointed by Government
Any person appointed by the
Chapter XIII WATER SUPPLY AND SEWERAGE
244. Government in this behalf shall at all reasonable times have liberty to enter upon and inspect any corporation water works or sewerage works.
Execution of works by Government agency.- Government may at the request of the corporation when it considers that the corporation does not have at its disposal adequate technical assistance to execute a water supply or drainage scheme, direct the execution of any water supply or drainage scheme through the Public Works Department of the Government.
Chapter XIII WATER SUPPLY AND SEWERAGE
245. Provision of public privies
The corporation shall provide and maintain in proper and convenient places a sufficient number of public privies and shall cause the same to be kept clean and in proper order.
Chapter XIII WATER SUPPLY AND SEWERAGE
246. Licensing of public privies
(1) The Commissioner may license for any period not exceeding one year the provision and maintenance of privies for public use. (2) No person shall keep a public privy without a licence under sub- section (1). (3) Every licensee of a public privy shall maintain it in clean and proper order.
- (2) No person shall keep a public privy without a licence under sub- section (1).
- (3) Every licensee of a public privy shall maintain it in clean and proper order.
Chapter XIII WATER SUPPLY AND SEWERAGE
247. Provision of privies by owner or occupier.- (1) The
Commissioner may, by notice require, the owner or occupier of any building, within such time and in accordance with such direction as may be specified therein, to provide flush-out or other privies for the use of the persons employed in or about or occupying such building or alter or remove from an unsuitable place to a more suitable place any existing privy. Such owner or occupier shall keep every such privy clean and in proper order.
- (2) Every owner or occupier of the ground on which any block of huts stands shall, within such time and in accordance with such directions as may be specified in a notice issued by the Commissioner, provide flush-out or other privies for the use of the inhabitants of such block of huts or alter or remove from an unsuitable place to a more suitable place any existing privy and shall keep the same clean and in proper order.
Chapter XIII WATER SUPPLY AND SEWERAGE
248. Provision of privies and urinals for labourers
Every person employing workmen, labourers or other person exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed flush-out or other latrines of such description and number as the
Chapter XIII WATER SUPPLY AND SEWERAGE
249. Commissioner may by notice require, and within such time as may be fixed in the notice and shall keep the same clean and in proper order.
Provision of privies and urinals for markets, cart stands and cattle stands.- The Commissioner may, by notice require any owner or manager of a market, cartstand, cattle stand, choultry, theatre, railway station or other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, flush-out or other privies of such description and number and in such a position as may be specified and to keep the same clean and in proper order.
Chapter XIII WATER SUPPLY AND SEWERAGE
250. Privies to be screened from view
All flush-outs or other privies shall be so constructed as to screen persons using the same from the view of persons passing by or residing in the neighbourhood.
Chapter XIII WATER SUPPLY AND SEWERAGE
251. Power to carry wire, pipes, drains, etc., through private property
The Commissioner may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of drainage, water-
supply or lighting, through, across, under or over any road, street or place laid out for a road or street and after giving reasonable notice to the owner or occupier may place and maintain posts, poles, standards, brackets or other contrivances to support cables, pipes, channels, wires and lights on any pole or post in the city not vested in the Government and under the control of the Government and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used, or for removing the same: Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person: Provided further that the Commissioner shall, with the sanction of the stnading committee, pay compensation to any person who sustains damage by the exercise of such power.
Chapter XIII WATER SUPPLY AND SEWERAGE
252. Prohibition against making connection without permission.-
- (1) No person shall, without the permission of the Commissioner, make any connection with any corporation cable, wire, pipe, drain or channel or with the house connection of any other person.
- (2) The Commissioner may, by notice, require any connections made in contravention of sub-section (1) to be demolished, removed, closed, altered or re-made.
Chapter XIII WATER SUPPLY AND SEWERAGE
253. Power to require railway level, etc., to be raised or lowered.-
If the corporation conducts any pipe or drain or other work connected with the water supply or drainages of the city across a line of railway, it may, with the sanction of the Government and at the cost of the corporation fund, require the railway administration to raise or lower the level thereof.
Chapter XIII WATER SUPPLY AND SEWERAGE
254. Power of corporation in respect of works outside the city.- (1)
The corporation shall not undertake new works beyond the limits of the city without the sanction of the Government.
- (2) The corporation may, in the execution and for the purposes of any works beyond the limits of the corporation sanctioned by the Government exercise all the powers which it may exercise within the city throughout the line of country through which conduits, channels, pipes, lines or posts and wires and the like, run, and over any lake or reservoir from which a supply of water for the use of the corporation is derived and over all lands at a distance not exceeding two kilometres beyond the high-water level of any such lake or reservoir, and over any lands used for sewage farms, sewage disposal tanks, filter and other works connected with the drainage of the city.
Chapter XIII WATER SUPPLY AND SEWERAGE
255. Provision for removal of filth.- (1) The Commissioner shall,-
- (i) provide or appoint in proper and convenient situations, depots or places for the temporary deposit of rubbish and filth and for the final disposal of filth and carcasses of animals.
- (ii) provide dust-bins for the temporary deposit of rubbish; 1[(ii-a) make necessary arrangement for collection of solid waste from owners or occupiers as the case may be;]
- (iii) provide vehicles or other suitable means for the removal of carcasses of animals; and
- (iv) provide covered vehicles or vessels for the removal of filth.
- (2) The Commissioner shall make adequate provision for preventing the deposits, places, dust-bins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance.
1 Inserted by Act 55 of 2013 w.e.f.20.8.2013.
Chapter XIII WATER SUPPLY AND SEWERAGE
256. Public notice ordering deposit of rubbish and filth by occupier
(1) The Commissioner may, by public notice, direct that all rubbish and filth accumulating in any premises in any street or quarter of the city specified in the notice shall be collected by the owner or occupier of such premises, and after segregating it, hand it over to the concerned collector of solid waste or dispose it in such manner as may be specified in the notification, different manner may be specified in respect of different kind of solid wastes.
- (2) The Commissioner may cause solid wastes are collected and disposed at suitable intervals and in proper and convenient situation in respect of which no notice issued under sub-section (1) is for the time being in force, and may by public notice direct that all rubbish and filth accumulating in any premises, are segregated and handed over or disposed off in accordance with such rules or bye-law as may be made in this regard.]
1 Substituted by Act 55 of 2013 w.e.f.20.8.2013.
Chapter XIII WATER SUPPLY AND SEWERAGE
257. Removal of rubbish and filth accumulating in large quantities on premises
When any premises are used for carrying on any manufacture, trade or business or in any way so that rubbish or filth or any solid waste is accumulated in quantities which are, in the opinion of the Commissioner, too considerable to be segregated and deposited or handed over to concerned in any of the methods specified, by a notice issued under section 256, the Commissioner may,-
- (a) by notice require the owner or occupier of such premises to collect
all rubbish and filth or any solid waste after segregation accumulating thereon, and to remove the same at such times, in such carts or receptacles, and by such routes as may be specified in the notice to a depot or place provided or appointed under section 255; or
- (b) after giving such owner or occupier notice of his intention, cause all rubbish and filth or solid waste accumulated in such premises to be segregated and removed and charge the said owner or occupier for such removal such periodical fee as may, with the sanction of the standing committee, be specified in the notice issued under clause (a).]
1 Substituted by Act 55 of 2013 w.e.f.20.8.2013.
Chapter XIII WATER SUPPLY AND SEWERAGE
258. Provision for daily cleaning of streets and removal of rubbish and filth
The Commissioner shall provide,-
- (a) for the daily surface-cleaning of all public streets and the removal of the sweeping therefrom, and
- (b) for the removal of,-
- (i) the contents of all receptacles and depots and the accumulations at all places provided or appointed by him under section 255 for the temporary deposit of any of the things specified therein, and
- (ii) all things 1[collected or] deposited by owners or occupiers of premises in pursuance of any notice issued under section 256.
1 Inserted by Act 55 of 2013 w.e.f.20.8.2013.
Chapter XIII WATER SUPPLY AND SEWERAGE
259. Rights of property of corporation in things deposited in receptacles
All things deposited in depots or places provided or appointed under section 260 shall be the property of the corporation.
Chapter XIII WATER SUPPLY AND SEWERAGE
260. Directions as to removal of rubbish and filth and preparation of compost manure from rubbish and filth
In cases not provided for by any notice issued under section 256, the Commissioner shall lay down,-
- (a) the hours within which rubbish and filth may be removed;
- (b) the kind of cart or other receptacle in which rubbish and filth may be removed; and
- (c) the route by which such carts or other receptacles shall be taken.
Chapter XIII WATER SUPPLY AND SEWERAGE
261. Maintenance of establishment for removal of rubbish and filth
(1) The corporation shall maintain an establishment under the control of the Commissioner for the removal of rubbish and filth from privies which are not connected with a public drain.
- (2) The corporation shall, if so required by the Government make provision for the preparation of compost manure from rubbish and filth.
Chapter XIII WATER SUPPLY AND SEWERAGE
262. Prohibition of the practice of employing persons for carrying
night soil as head-load.- (1) Notwithstanding anything contained in this Act or in any other law, custom, usage, agreement or practice to the contrary, and save as provided in sub-section (3), no person shall employ or allow himself to be employed for wages or salary for carrying night-soil as head-load or by the manual handling thereof.
1[(2) Any person who contravenes the provisions of sub-section (1) shall be punished with fine which may extend to five hundred rupees and with further fine which may extend to fifty rupees for every day on which such offence is continued, after the date of the first conviction and if any person is convicted for the fifth time of an offence for the contravention of the provisions of sub-section (1) he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.]
- (3) Nothing in this Act shall apply to any person who employs or allows himself to be employed for carrying night-soil as head-load or by the manual handling thereof in any hospital, clinic, nursing home or other similar institution or as a member of any organisation engaged in social service or to any person who himself carries or collects night-soil for the preparation, use or manufacture of manure.
1 Substituted by Act 55 of 2013 w.e.f.20.8.2013.
Chapter XIII WATER SUPPLY AND SEWERAGE
263. Prohibition against accumulation of rubbish and filth on
premises, etc.- (1) No person who is bound by any notice issued under section 256 or section 257, as the case may be, to collect and deposit or remove rubbish or filth accumulating on any premises shall allow the same to accumulate for more than twenty-four hours.
- (2) No person shall deposit any rubbish or filth otherwise than as provided in a notice issued under section 256 or 257 as the case may be.
- (3) No person shall, after due provision has been made under sections 255 and 258 for the deposit and removal of the same,-
- (a) deposit the carcasses of animals, rubbish or filth in any street or in the verandah of any building or on any unoccupied ground alongside any street or any public quay, jetty or landing place or on the bank of a water course or tank; or
- (b) deposit filth or carcasses of animals in any dustbin or in any vehicle not intended for the removal of the same; or
- (c) deposit rubbish in any vehicle or vessel intended for the removal of filth except for the purpose of deodorizing or disinfecting the filth.
- (4) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours otherwise than in a receptacle approved by the Commissioner, any rubbish or filth on such premises or any place belonging thereto or neglect to employ proper means to remove the rubbish or filth from or to cleanse such receptacle and to dispose of such rubbish or filth in the manner directed by the Commissioner or fail to comply with any requisition of the Commissioner as to the construction, repair, paving or clearing of any privy on or belonging to, the premises.
- (5) No owner or occupier shall allow the water of any sink, drain or privy or the drainage from any stable or place, or any other filth to run-down on or to be put upon, any street or into any drain in or alongside of any street, except in such manner as shall prevent any avoidable nuisance from any such filth soaking into the wells or ground at the side of the said drain.
Chapter XIII WATER SUPPLY AND SEWERAGE
264. Contribution from person having control over places of
pilgrimage, etc.- Where a mosque, temple, math or any place of religious worship or instruction or any place which is used for holding fairs, festivals or other like purposes in the city or in its neighbourhood, attracts on particular occasions, a large number of persons the Commissioner shall make special arrangements whether permanent or temporary which may be necessary in the interests of public health, safety or convenience and require the trustee or other person having control over such place to make such recurring or non-
recurring contribution to the funds of the corporation as the Government may determine.
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