Chapter VI INVESTIGATION, PREPARATION AND

The cost of investigation of any scheme undertaken by the Board either at the instance of the Government or a local authority shall be borne by the local authority concerned. In case where the investigation is undertaken for more than one local authority, the cost of such investigation shall be borne by the local authorities concerned in such proportion as may be determined by the Board.

Preparation of draft schemes by the Board. (1) As soon as the investigation undertaken by the Board is completed, the Board shall prepare in regard to the expenditure that is likely to be incurred an estimate of the schemes and also a sketch showing the salient features relating to the scheme and forward the same along with the report of the investigation to the local authority or authorities concerned.

(2) On receipt of the documents referred to in sub-section (1), the local authority concerned shall, within such time, as may be prescribed examine the report of the investigation of the scheme proposed to be implemented in its area with reference to the cost to be incurred for the scheme and with reference to its financial capacity to meet the cost of the scheme. If the local authority decides to get the scheme implemented, it shall pass a resolution within such time as may be prescribed authorising the Board to execute the scheme. The resolution so passed by the local authority shall specify clearly that the local authority shall meet the cost of execution of the scheme and its maintenance and also indicate the manner in which and the ways and means by which the cost of the scheme is proposed to be borne by such local authority.

(3) On receipt of the resolution and other particulars referred to in sub-section (2), the Board shall examine in general, the feasibility of implementation of the scheme in all its aspects and in particular the financial capacity of the local authority concerned. If on such examination the Board is satisfied about the feasibility of implementation of the scheme then the Board shall forward the draft scheme to the Government for their approval.

(4) Notwithstanding anything contained in any law for the time being in force, any resolution passed by any local authority under this section shall be final and any such resolution shall not be cancelled or rescinded or altered by such local authority except with the previous approval of the Government.

As soon as may be, after the submission of the draft scheme under sub-section (3) of section 20, the Government shall within such time as may be prescribed, either approve the said draft scheme or approve it with such modification, as it may consider necessary or return the said draft scheme to the Board to modify the draft scheme or to prepare a fresh draft scheme in accordance with such directions as the Government may issue in this behalf and resubmit it to the Government for approval. (3) The Board may cut off the supply of water from any premises,-

(a) if the premises is unoccupied;

(b) if the owner or occupier neglects to comply with any lawful order or requisition regarding water supply issued by the Board 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 Board 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 regulation 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 any person authorised by the Board 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 Executive Engineer or any person authorised by the Board doing such work from placing or removing such apparatus or making such examination or inquiry;

(g) if any pipes, taps, works or fitting connected with the water supply are found on examination by the Board or any person authorised by it 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 Board water supply to be placed, removed, repaired or otherwise interfered with in contravention of the provisions of this Act or of the rules or regulations made thereunder:

Provided that Board 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.

(4) (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 (3).

(b) The sums referred to in clause (a) shall be charge on the premises.

(5) The expenses of cutting off of the supply shall be payable by the owner and the occupier of the premises jointly and severally.

(6) In a case under clause (c) of sub-section (3) as soon as any money for non-payment of which water has been cut off together with the expenses of cutting off of the supply has been paid by the owner or the occupier, the Board shall cause water to be supplied as before on payment of the cost of re-connecting the premises with the water works.

(7) Action taken under this section against any person shall be without prejudice to any penalties to which he may otherwise be liable.

Publication of approval of the draft scheme in the official Gazette. (1) The Government shall by notification publish its approval to the draft scheme.

(2) A notification published under sub-section (1) shall be conclusive evidence that the scheme has been duly made and approved. The scheme shall thereupon become final and shall be hereinafter called the “approved scheme”.

As soon as the notification under section 22 is published in the official Gazette, the Board shall execute the approved scheme in the areas of the local authority or authorities concerned.

(1) The cost relating to the preparation and execution of any scheme by the Board including all incidental expenses connected therewith incurred by the Board shall be borne by the local authorities concerned on whose behalf such scheme was prepared and executed by the Board. In cases where the scheme was prepared and executed for more than one local authority, the cost of such scheme shall be borne by the local authorities concerned in such proportion as may be determined by the Board.

(2) The cost relating to the investigation, preparation and execution of any scheme by the Board including all incidental expenses connected therewith incurred by the Board shall be recoverable by the Board from the local authority concerned in such manner and in such number of installments and at such time or times as may be prescribed.

(3) In the event of any failure on the part of any local authority to pay the cost of the scheme to the Board, the Government shall pay to the Board, such cost or so much thereof as is remaining due and shall recover the same from the local authority concerned in such manner and in such number of instalments and at such time or times as may be prescribed.

(4) The Board may include in the cost of investigation, preparation and execution of any scheme or any other work undertaken by it, the supervision and centage charges at such rates as may be prescribed.

Notwithstanding anything contained in this Act or in any other law for the time being in force, if in the opinion of the Government, it is expedient in the public interest to investigate, prepare and execute any scheme in any area of a local authority, or where any local authority wilfully refuses or fails to pass any resolution for the execution of any scheme by the Board under sub-section (2) of section 20 and such refusal or failure in the opinion of the Government is without sufficient reasons, then, it may, by general or special order direct the Board to investigate, prepare and execute any scheme in any area of a local authority. The provisions of sections 19 to 22 (both inclusive) shall, so far as may be, apply to the preparation and execution of the scheme by the Board under this section. The cost relating to the investigation, preparation and execution of the scheme by the Board under this section shall be paid by the Government to the Board and the same shall be recovered by the Government from the local authority concerned in such manner and in such number of installments and at such time or times as may be prescribed.

(1) In the case of schemes proposed by a local authority, the Board may agree to prepare and execute the scheme if it is satisfied that such scheme is necessary and feasible. The Board may refuse to prepare and execute such scheme if it is satisfied that such scheme is either unnecessary or not feasible or that it is otherwise un-executable.

(2) Any local authority deeming itself aggrieved by the refusal of the Board under sub-section (1), may, within two months from the date of receipt of the order of such refusal, appeal to the Government who may pass such orders thereon as it thinks fit and it shall be the duty of the Board or local authority to give effect to such orders accordingly.

It shall be the duty of the local authority concerned to which any scheme relates, to provide necessary assistance to the Board for the proper execution of any approved scheme within the territorial limits of such local authority.

Power of local authority to undertake schemes. No local authority shall without the approval of the Board investigate, prepare or execute any scheme :

Provided that no such approval shall be given by the Board if the cost of the scheme to be undertaken by the local authority exceeds or is likely to exceed Rs. 50,000.

Operation and maintenance etc. of the schemes by the Board. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, if in the opinion of the Government it is expedient in public interest so to do, it may, by order, direct the Board to investigate, prepare, and execute any scheme in any local area and, subject to such terms and conditions as it may specify, to operate and maintain all works connected with such scheme. The cost relating to such scheme shall (1) [Note: Text corresponding to the beginning of the section appears to be a continuation from a previous page] be borne by the Board and it shall operate and maintain all works connected with such scheme and collect necessary water rates, rentals, fees and other charges relating thereto. (2) Subject to the terms and conditions specified by the Government under sub-section (1),- (a) all the public reservoirs, tanks, cisterns, fountains, wells, pumps, pipes, taps, conduits and other works including the head works, reservoirs, the rising mains, bridges, buildings, machinery, works, materials and other things connected with the water supply and drainage to such local area and all lands (not being private property) adjacent and appertaining to the same; and (b) all sewers and all sewerage disposal works constructed in connection with drainage system in such local area, shall vest in the Board and be subject to its control. (3) The Government may, subject to such conditions as may be specified, by order, transfer to the Board the water supply or drainage undertaking of any local authority and on such transfer, such undertaking along with all works and lands connected with such undertaking shall vest in the Board. (4) (a) No person shall, except with the permission duly obtained from the Board or the Executive Engineer,- (i) enter on any land vested in the Board along which a conduit or pipe or sewer runs or on any premises connected with water supply or drainage; (ii) construct any building, well or other structure or street over any main or sewer belonging to the Board. (b) If any building, well or other structure be so erected or any street be so constructed, the Executive Engineer may cause the same to be removed or otherwise dealt with as the Execution Engineer deems fit and the expenses incurred therefor shall be collected from the person contravening the provisions of sub-clause (ii) of clause (a).

(1) (a) The Executive Engineer may, on application by the owner or occupier of any building, arrange, in accordance with such regulations as may be prescribed, to supply water thereto for domestic consumption and use. (b) The supply of water for domestic purposes under this Act, shall not be deemed to include any supply,- (i) for any trade, manufacture or business; (ii) for gardens or for purposes of irrigation; (iii) for construction purposes; (iv) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purposes; (v) for animals, where they are kept for sale or hire or for the sale of their produce or any preparation therefrom; (vi) for the consumption and use by the inmates of hotels, boarding houses and residential clubs; (vii) for the consumption and use by the persons resorting to theaters and cinemas; (viii) for constructing or for watering streets ; or (ix) for washing vehicles where they are kept for sale or hire. (c) No person shall, without the written permission of the Board, use or allow to be used water supplied for domestic purposes for any other purpose. (2) The Board, may supply water for any purpose other than a domestic purpose on such terms and conditions and in such manner as may be prescribed by regulations. (3) The Board may supply water to the Government or any local authority on such terms as to the charges and as to the period and the conditions of supply as may be prescribed by regulations.

Power to lay mains, etc. (1) Notwithstanding anything contained in any law for the time being in force, the Board may, whether within or without the limits of any local area, lay such mains or service pipes or other water fittings, and sewers as it may deem necessary,- (a) in any street or any land vested in the Government, or any local authority or any other authority owned or controlled by the Government; (b) with the consent of the owner and occupier on any land not forming part of a street and may, from time to time, inspect, repair, alter or renew or may, at any time, remove any main or sewer so laid whether by virtue of this section or otherwise : Provided that where a consent required for the purpose of this sub-section is withheld, the Board may, after giving the owner or occupier of the land a written notice of its intention so to do, lay the main or sewer in, over or on that land even without such consent. (2) Where the Board, in exercise of the powers under this section, lays a main or sewer in, over or on any land not forming part of a street or land referred to in clause (a) of sub-section (1) or inspect, repairs, alters, renews or removes a main or sewer 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 that land by reason of the inspection, laying, repair, alteration, renewal or removal of the main or sewer. (3) (a) If it appears to the Board that the only or the most convenient means of water supply to or sewerage of any premises is by laying any pipe or sewer over, under, along or across the immovable property of another person, the Board may, by order in writing, authorise the owner of the premises to lay or carry such pipes or sewers over, under, along or across such immovable property : Provided that before making any such order, the Board shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by regulations 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 or sewer is laid. (b) Upon the making of an order under clause (a), 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 laying a pipe or severe, over, under, along or across such immovable property or for the purpose of repairing the same. (c) In laying a pipe or sewer under this sub-section as little damage as possible shall be done to the immovable property and the owner of the premises shall,- (i) cause the pipe or sewer to be laid with the least practicable delay; (ii) 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 pipe or sewer; (iii) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the laying of such pipe or sewer. (d) If the owner of the immovable property over, under, along or across which a pipe or sewer has been laid under this sub-section whilst such immovable property was not built upon desires to errect any building on such property, the Board shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe or sewer in such manner as shall be approved by it and to fill in, reinstate and make good the immovable property as if the pipe or sewer 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 Board it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or sewer should be closed, removed or diverted.

Power to provide meters, etc. (1) The Board may provide a water meter and attach the same to the service pipe in the premises connected with Board water works. (2) The cost of meters, the expenses of their installation, and the rent payable for use of meters, shall be such as may be prescribed by regulations, and shall be paid by the owner of the premises. (3) The use, maintenance and testing of meters shall be regulated by regulations made in this behalf. (4) Whenever water is supplied through a meter, it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.

Power to enter premises and to cut off water supply, etc. (1) The Executive Engineer or any officer authorised by the Board may, between sunrise and sunset enter any premises supplied with water by the Board in order to examine if there be any waste or misuse of such water and the Executive Engineer or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination. (2) The Board may test any water fitting used in connection with water supplied by the Board.

(1) No person other than a licenced plumber shall execute any work described in this Act and no person shall permit any such work to be executed except by a licensed plumber:

Provided that if, in the opinion of the Executive 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) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Executive Engineer 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 Board without prejudice to the right of the Board to prosecute under this Act the person at whose instance such work has been executed.

(4) The Board may make regulations for the guidance of licensed plumbers and a copy of all such regulations shall be attached to every licence granted to a plumber by the Board.

(5) The Board may, from time to time, prescribe the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this Act.

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

(7) The Board shall make regulations providing for,-

(a) the exercise of adequate control on all licensed plumbers;

(b) the inspection of all works carried out by them;

(c) the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of worked 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 regulations made under this section 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 licence may be suspended or cancelled whether he is prosecuted under this Act or not.

Prohibition of certain acts. (1) No person shall,-

(a) wilfully obstruct any person acting under the authority of the Board in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purposes of setting out the lines of such work, or deface or destroy any work made for the same purposes; 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 Board; or

(c) unlawfully obstruct the flow of, or flush, draw off, divert, or take water from any water works belonging to the Board or any water course by which any such water is supplied; or

(d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Board; or

(e) obstruct any officer or other employee of the Board in the discharge of this duties under this Act 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 sewage work ; or

(f) 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 run or be brought into any water work, or do any other act whereby the water in any water work is fouled or is 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.

Drainage of premises etc. (1) (a) Subject to such conditions as may be prescribed by regulations made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within a local area may apply to the Board to have his drain made to communicate with the Board sewers and thereby to discharge foul water and surface water from that premises or that private drain:

Provided that nothing in this sub-section shall entitle any person to discharge directly or indirectly into any Board sewer,-

(i) any trade effluent from any trade premises except in accordance with the regulations made in this behalf; or

(ii) any liquid or other matter the discharge of which into Board sewers is prohibited by or under this Act or any other law.

(b) Any person desirous of availing himself of the provisions of clause (a) shall give to the Board notice of his proposal, and at any time within one month after receipt thereof, the Board may, by notice to him, refuse to permit the communication to be made, if it appears to it 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 it may, if necessary, require it to be laid open for inspection.

(c) The Board may, if it thinks fit, construct such part of the work necessary for connecting a private drain with a Board sewer as is in or under a public street and in such a case, the expenses incurred by the Board 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.

(2) (a) Where any premises are, in the opinion of the Board, without sufficient means of effectual drainage and a Board sewer or some place approved by the Board for the discharge of filth and other polluted and obnoxious matter is situated at a distance not exceeding thirty five meters from any part of the said premises, it may, by written notice, require the owner of the said premises,-

(i) to make a drain emptying into such Board sewer or place;

(ii) to construct a closed cesspool or soakage pit and fitting as may appear to the Board to be necessary for the purpose of gathering and receiving the filth and other