Chapter X WATER SUPPLY

Construction and Maintenance of Municipal Water-works

In this chapter, unless there is anything repugnant in the subject or context—

Section 259A was inserted by Bom. 5 of 1905, s. 36. This proviso was added by Bom. 32 of 1935, s. 11. The words “this Chapter” were substituted for the original words by Bom. 5 of 1905, s. 37. This section was inserted by Bom. 5 of 1938, s. 21.

236 The Mumbai Municipal Corporation Act [1888 : III

1. (a) ‘communication pipe’ means pipe extending from a municipal water main up to and including the municipal stop-cock;
2. (b) ‘consumer’ means any person who uses or is supplied with water from a municipal water- work or on whose application such water is supplied and includes any person liable to the corporation under the provision of this Act for the payment of water tax or any sum for the water supplied from a municipal water work;
3. (c) ‘consumer’s pipe, means a pipe used in connection with the supply of water from any municipal water work and which is not the property of the Corporation;
4. (d) ‘distributing pipe’ means any pipe not subject to water pressure from a municipal water main;
5. (e) ‘fitting’ includes a pipe coupling, flange, branch, bend, stop, ferrule, stop tap, bib tap, spring tap, pillar tap, globe tap, ball cock, boiler, pump, meter, hydrant and any other apparatus or article used for the purpose of conveying or storing water supplied by the corporation;
6. (f) ‘municipal stop cock’ means the stop cock which controls the supply of water from a municipal water main;
7. (g) ‘supply pipe’ means the pipe extending from a municipal stop cock up to the ball cock of the storage tank, it any, and any pipe subject to pressure from a municipal water main.]

For the purpose of providing

1[Brihan Mumbai] with a supply of water proper and sufficient for public and private purposes, the Commissioner, when authorised by the Corporation in this behalf, may—

1. (a) construct and maintain water-work, either within or without 2[Brihan Mumbai] and do any other necessary acts; 3[(aa) construct and maintain tunnels and undertake other related work, as part of the municipal water-works, below any land, in whomsoever such land may vest for carrying water;]
2. (b) purchase or take on lease any water-work or any water or right to store or to take and convey water, either within or without 4[Brihan Mumbai];
3. (c) enter into an arrangement with any person or a supply of water.

The Commissioner shall manage all water-works belonging to the Corporation—all which water-works are in this Act referred to as “Municipal water-work”—and maintain the same in good repair and efficient

condition, and shall cause all such alteration and extensions to be from time to time made in the said

water-work as shall necessary or expedient for improving the said work.

1. (1) The Commissioner, and any person appointed by 5[the 6[State] Government] under section 264 in this behalf, may, for the purpose of inspecting or repairing or executing any work in, upon or in connection with any municipal waterworks, at all reasonable time—
   • (a) enter upon and pass through any land within or without the city, adjacent to or in the vicinity of such water-work, in whomsoever such land may vest;
   • (b) convey into and through any such land all necessary materials, tools and implements; These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Clause (aa) was inserted by Mah. 37 of 1981, s. 8. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “the Provincial Government” were substituted for the word “Government” by Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by Adaptation of Laws Order, 1950.

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1[(c) enter upon or pass through any land, whether vacant or built up, below which any tunnel for carrying water is dug, constructed or maintained, or any other land adjacent to or in the vicinity of such land or tunnel, and to inspect such tunnel with the necessary equipment and do such other acts as he deem necessary for such purposes.]

1. (2) In the exercise of any power conferred by this section, as little damage as can be, shall be done, and compensation for any damage which may be done in the exercise of any of the said power shall be paid by the Commissioner, or if any person appointed under section 264 by 2[the 3[State Government] has caused the damage, by 4[the 5[State]

Inspection of Municipal water-works by persons appointed by

6[State] Government.—

Any person appointed by

7[the

8[State] Government] in this behalf shall at all reasonable times have liberty to enter upon and inspect a municipal water-work.

The Commissioner shall have the same powers and be subject to the same restrictions for carrying, renewing and repairing water- mains, pipe and ducts, and for construction and maintenance of tunnels below any land or undertaking other related works, without

10[Brihan Mumbai] as he has and is subject to the provisions hereinbefore contained in Chapter IX for carrying, constructing, maintaining, renewing and repairing , drains and drainage works, including tunnels below any land and other related works, within

11[Brihan Mumbai]: Provided that the powers under this section in respect of digging, carrying, constructing, maintaining and repairing of tunnel or any other related works shall be exercised by the Commissioner, with the previous approval of the State Government.]

The Commissioner shall cause fire-hydrants and all necessary works, machinery and assistance for supplying water in case of fire to be provided and maintained and shall have painted or marked on the buildings and walls or in some other conspicuous manner, within the streets, words or marks near to such hydrants to denote the situation thereof, and shall cause a hydrant-key to be deposited at each place within

12[Brihan Mumbai] where a municipal fire- engine is kept, and do such other things for the purpose aforesaid as he shall deem expedient.

(1) Except with the sanction of the Corporation and, in the case of the Vehar waterworks, of

13[the

14[State] Government], or, for the purposes of section 262, under the authority of the Commissioner, no person shall—

1. (a) erect any building for any purpose whatever within the limits of the water-shed of any lake or reservoir from which a supply of water is derived for any municipal water-work;
2. (b) extend, alter or apply to any purpose different to that to which the same has been heretofore applied, any building already existing within the said limits;
3. (c) carry on within the said limits, any operation of manufacture, trade or agriculture in any manner, or do any act whatsoever, whereby injury may arise to any such lake or reservoir or to any Clause (c) was inserted by Mah. 37 of 1981, s. 9. The words “the Provincial Government” were substituted for the words “Government” by Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Law Order, 1950. The words “the Provincial Government” were substituted for the words “Government” by Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Law Order, 1950. This word was substituted for the word “Provincial” by the Adaptation of Law Order, 1950. The words “the Provincial Government” were substituted for the words “Government” by Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Law Order, 1950. Section 265 was substituted for the original section by Mah. 37 of 1981, s. 10. This words was substituted for the words “Greater Bombay” Mah. 25 of 1996, s. 2, Schedule This words was substituted for the words “Greater Bombay” Mah. 25 of 1996, s. 2, Schedule. This words was substituted for the words “Greater Bombay” Mah. 25 of 1996, s. 2, Schedule. The words “the Provincial Government” were substituted for the words “Government” by Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Law Order, 1950.

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portion thereof, or whereby the water of any such lake, tank or reservoir may be fouled or rendered less wholesome.

1. (2) The limits of the water-shed of the Vehar lake shall, for the purposes of this section be deemed to be the limits defined in a plan marked “B” authenticated by the signatures of the Governor and Member of Council, and deposited in the office of the Secretary to the Government of Bombay.

1. (1) Without the written permission of the Commissioner no building, wall or other structure shall be newly erected, and no street or railway shall be constructed, over any municipal water-main.
2. (2) If any building, all other structure be so erected, or any street of railway be so constructed, the Commissioner may, with the approval of 1[the Standing Committee], cause the same to be removed or otherwise dealt with as to him shall appear fit, and the expenses thereby incurred shall be paid by the person offending. Public Gratuitous Water-supply

1. (1) All existing public drinking fountains, tanks, reservoirs, cisterns, pumps, wells, ducts and works for the supply of water for the gratuitous use of the inhabitants of the city shall vest in the corporation and be under the control of the Commissioner.
2. (2) The Commissioner may maintain the said works and provide them with water, and, when authorised by 2[the Corporation] in this behalf, may construct any other such works for supplying water for the gratuitous use of the inhabitants of the city:
3. (3) Provided that water carried away by any of the inhabitants from any such work shall be taken only for his 3[personal] or domestic use and not for the purpose of business or sale, and shall not, except with the written permission of the Commissioner, be carried away in a cask, cart, pakhal or masak.
4. (4) The Commissioner may temporarily, and with approval of 4[the Corporation] permanently, close any of the said works, either entirely or partially.
5. (5) In case any such work is permanently closed, either entirely or partially, by the Commissioner, the site thereof, or of the portion thereof which is so closed and the materials of the same may be disposed of as the property of

5[the Corporation] provided that if any such work, which is permanently closed,

either entirely or partially, was a gift to the public by some private person, the said site and materials or the proceeds of the sale-thereof shall, unless by reason of their value being insignificant or for other sufficient reason

6[the Corporation] think fit to otherwise direct, be applied to or towards some local work of public utility bearing the name of such person, or to or towards any such local work which shall be approved by

7[the Corporation] and by the heirs or other representative, if any, of the said person.

1. (1) The Commissioner may assign and set apart each of the said works and the water therein for use by the public for such purpose only as he shall think fit, and shall cause to be indicated, by a notice affixed on a conspicuous spot on or near each such work the purpose for which the same is so assigned and set apart.
2. (2) No person shall make use of any such work or of any water therein for any purpose other than the purpose for which the same has been so assigned or set apart. Private Water-supply These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 104. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 105. These words were substituted for the words “private use and not for sale” by Bom. 5 of 1938, s. 22. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 165(e). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 165(e). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 165(e). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 165(e).

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adequate water-supply.— No person shall occupy or permit to be occupied, or use or permit to be used, any premises or part thereof constructed or reconstructed after the date of the coming into force of the Bombay Municipal Corporation (Amendment) Act, 1953 (Bom. LXIV of 1953), until he has obtained a certificate from the Commissioner to the effect that there is provided within or within a reasonable distance of the premises, a supply of pure water to the persons intending to occupy or use such premises or, where the premises are situated within any portion of

2[Brihan Mumbai] in which a public notice has been given by the Commissioner under section 141, until he has obtained a certificate from the Commissioner to the effect that a supply of pure water has been provided for the premises from a municipal water work.]

3[Supply pipes] for conveying to any premises a private supply of water from

4[a municipal water-work] shall not

5[be connected with such water-work] except on the written application or with the written assent of the owner of the premises, of the person primarily liable for the payment of property-taxes on the said premises:

6[Provided that, in respect of any premises, where the owner or person primarily liable for the payment of property-taxes fails or refuses or make such application or to give his assent within a reasonable period, the supply pipes for conveying to such premises such water-supply may be connected with such water-work on the written application of the occupier or such premises made to the Commissioner, after holding necessary inquiry and payment of the cost of connecting the supply pipes and subject to such other conditions (including those for payment of water taxes and water charges) as the Commissioner may deem fit to impose.]

7[(2) Commissioner may in certain case require owners to obtain private water-supply.— But it shall appear to the Commissioner that any premises situated within any portion of

8[Brihan Mumbai] in which a public notice has been given by the Commissioner under clause (b) of section 141, are without a supply of pure water, adequate to the requirements of the persons usually occupying or employed upon the said premises, the Commissioner shall, by written notice, require the owner of the said premises or the person primarily liable for the payment of property-taxes thereon, to obtain a supply adequate as aforesaid from a municipal water-work and to provide supply and distributing pipes, cisterns and fittings and do all such works as may in the opinion of the Commissioner be necessary for that purpose.]

1. (1) No connection with any municipal water-work shall be made or renewed—
   • (a) except by a municipal officer or servant empowered in that behalf by the Commissioner; and
   • (b) until the certificate specified in sub-section (4) has been given. 10[(2) In every case where a new connection with a municipal water-work is made or an existing connection requires renewal, all necessary communication pipes and fittings 11[thereon], shall be supplied by the Commissioner, and the work of laying and applying such communication-pipes and fittings shall be executed by municipal agency under the Commissioner’s order; and the cost of all such materials and work shall be charged to the municipal fund.] (3) 12[Every such communication-pipe and fittings thereon shall vest] in the Corporation and be maintained at the charge of the municipal fund as a municipal water-work. Section 270A was inserted by Bom. 64 of 1953, s. 11. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted by Bom. 5 of 1938, s. 23(a). These words were substituted by Bom. 5 of 1938, s. 23(a). These words were substituted by Bom. 5 of 1938, s. 23(a). This proviso was added by Mah. 51 of 1975, s. 15. This sub-section was substituted for the original by Bom. 5 of 1938, s. 23(b). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Sections 272, 273 and 273A were substituted for sections 272 and 273 by Bom. 5 of 1905, s. 38. This Sub-section was substituted for the original sub-section (2) by Bom. 8 of 1918, s. 10. This word was substituted for the original by Bom. 5 of 1938, s. 24(a). These words were substituted for the Original by Bom. 5 of 1938, s. 24(b).

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1[(4) All supply and distributing pipes and cisterns and fittings not being the property of the Corporation shall be laid and applied under the supervision and to the satisfaction of a Municipal Officer appointed by the Commissioner in that behalf, who shall give and sign a certificate, free of charge, when such supply and distributing pipes, cisterns and all necessary fitting have been laid, applied and executed in a satisfactory manner and when proper and sufficient arrangements have been made for draining off waste water.]

2[(5) Where any supply or distributing pipe, cistern or such fitting is laid, applied, added to or altered, or any connection is made in contravention of this section the Commissioner may, with the previous approval of

3[the Standing Committee] remove such supply or distributing pipe, cistern, fitting or connection, or additions or alterations thereto, and make good such pipe, cistern, fitting or connection; and the owner and occupier of the premises in which or for supply to which such supply or distributing pipe, cistern or fitting has been laid, applied, added to or altered or such connection has been made, shall be jointly and severally liable to pay the expenses incurred by the Commissioner in so doing.]

The Commissioner may, by agreement with a consumer, take charge on behalf of the Corporation of all or any of the consumer’s pipes and fitting: Provided that, if any such pipe or fittings are communication-pipes or fitting only not vesting in the Corporation, the Commissioner may, if he thinks fit, take charge of the same without such agreement. Any consumer’s pipes and fittings, of which the Commissioner takes charge under this section, shall thereafter vest in, and be maintained at the expense of, the Corporation as a municipal water- work.]

The Commissioner may, if at any time he deems it expedient to alter the position of an existing connection with any municipal water-work, or of any consumer’s pipe or fitting thereof, and after giving to the owner of such connection, pipe or fitting not less than four days previous notice of his intension so to do, cause the said connection, pipe or fitting to be moved to such other position as he thinks fit and relaid and applied, or others to be laid and applied in lieu thereof, in such position as he may direct; and in every such case all work shall he carried out at the expenses or the municipal fund and such new connection, pipe and fittings shall thereafter vest in the Corporation and be maintained at the charge of the municipal fund as a municipal water-work.]

work.—

6[(1) The Commissioner may, whenever it shall appear to him to be necessary, by written notice require the owner of any premises furnished with a private water supply from any municipal water-work to provide such premises within a reasonable period which shall be prescribed in the said notice, with cisterns and fittings of such size, material, quality and description and placed in such position and with such safe and easy means of access as he thinks fit.]

7[(1A) The Commissioner may also in the like manner require the owner of any premises to provide such safe and easy means of access as he thinks fit to any existing cistern which on an examination under section 278 is found to be not easily accessible.]

1. (2) The Commissioner shall also from time to time prescribe the size, material, quality, description and position of the 8[pipe and fittings] to be; employed for the 9[purpose] of any connection with or of any communication from, any municipal water-work, and no such connection or communication shall be made by any person otherwise than as so prescribed.] These sub-sections were substituted for the original by Bom. 5 of 1938, s. 24(c) and (d). These sub-sections were substituted for the original by Bom. 5 of 1938, s. 24(c) and (d). These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 100. This section was substituted for the original by Bom. 5 of 1938, s. 25. This section was substituted for the original by Bom. 5 of 1938, s. 26. This sub-section was substituted for the original by Bom. 5 of 1938, s. 27(a). This sub-section was inserted by Bom. 5 of 1938, s. 27(d). These words were substituted for the original by Bom. 5 of 1938, s. 27(c)(i). This word was substituted for the word “purpose” by Bom. 5 of 1938, s. 27(c)(ii).

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1[(3) The Commissioner shall likewise prescribe the size, material, quality and description of the

2[pipes, cisterns and fitting] to be employed for the purpose of replacing

3[pipes, cisterns and fittings] found on an examination under section 278 to be so defective that they cannot be effectively repaired.]

1. (1) The Commissioner may, by written notice, require the owner of any premises furnished with a cistern or in respect of which the Commissioner has, required a cistern to be furnished to provide such cistern with a lock and key of such pattern, material and quality as the Commissioner shall in such notice prescribe, and may in like manner require any lock or key found to be defective on an inspection under section 278 to be replaced.
2. (2) Every cistern so provided with a lock shall be kept permanently locked and the key shall then be delivered to the Commissioner.]

premises.—

5[(1) It shall be incumbent on the owner or occupier of any premises to which a private water-supply is furnished from any municipal water-work,

6[to keep in a thoroughly clean condition and

to maintain and keep in efficient repair every supply and distributing pipe] conveying water from the

said water-work to such premises and every meter for measuring water, not being a municipal meter and

7[every cistern and fitting] in or connected with any such pipe, so as effectually to prevent the water from running to waste.

8[(2) When an occupier of any premises is served with a notice under sub-section (2) of section

278, he may, after giving to the person to whom he is responsible for the payment of his rent

9[three] days notice in writing, himself have to the repairs executed and in such event he shall be entitled to deduct from any rent due

10[or to become due] by him to such person the actual expenses incurred by him in complying with the notice served under sub-section (2) of section 278: Provided that nothing in this section shall affect the liabilities of parties under leases executed before the 1 st day of April 1918.]

1. (1) Where water is supplied by measurement, the Commissioner may either provide a meter and charge the consumer for the same such rent as shall from time to time be prescribed in this behalf by the Standing Committee, or

may permit, the consumer to provide a meter of his own of such size, material and description as the

Commissioner shall approve for this purpose:

11[Provided that if such consumer is an occupier of any premises, he shall not be provided with a meter or permitted to provide himself with a meter of his own, unless he complies with such conditions as may be prescribed by the Commissioner.]

1. (2) The Commissioner shall at all times keep all meters and other instruments for measuring water, let by him for hire to any person, in proper order for correctly registering the supply of water, and in default of his so doing such person shall not be liable to pay rent for the same during such time as such default continues.

Where water is supplied by measurement, the register of the meter or other instrument of measuring water shall be prima facie evidence of the quantity consumed. Inspection

This sub-section was added by Bom. 8 of 1928, s. 11(B). These words were substituted for the original by Bom. 5 of 1938, s. 27(d). These words were substituted for the original by Bom. 5 of 1938, s. 27(d). This section was inserted by Bom. 5 of 1938, s. 28. Section 275 was re-numbered as sub-section (1) of section 275 by Bom. 8 of 1918, s. 12. These words were substituted for the original by Bom. 5 of 1938, s. 29(a). These words were substituted for the original by Bom. 5 of 1938, s. 29(a). This sub-section was added by Bom. 8 of 1918, s. 12. This word was substituted for the original by Bom. 5 of 1938, s. 29(b). This word was substituted for the original by Bom. 5 of 1938, s. 29(b). This proviso was inserted by Bom. 62 of 1954, s. 6.

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pipes, etc.— (1) The Commissioner may make an inspection of any premises to which a private water-supply is furnished by the corporation in order—

1. (a) to remove, test, examine and replace any meter for measuring water; or 1[(b) to examine any supply or distributing pipe, cistern, lock or fitting; or]
2. (c) to see if there be any waste or misuse of water. 2[(2) The Commissioner may, by written notice, require the owner or occupier of the premises to

remedy any defect which shall be found to exist in or to clean any such meter, not being a municipal

meter let to him for hire, or any such supply or distributing pipe, cistern, lock or fitting.] Cutting off private water-supply

1. (1) The Commissioner may 3[* * * * *] cut off the connection between any municipal water-work and any premises to which a private water-supply is furnished by the corporation or turn off the water from such premises in any of the following cases, namely :—
   • (a) in default of payment of any instalment of water-tax or any sum due for water 4[or hire of meter] 5[or expenses of any work done under or by virtue of the provisions of sections 272, 276 or 287A] within 6[sixty days after the date of the bill] for such tax or sum has been duly 7[served]; 8[(b) if the owner of the premises neglects, within the period prescribed in this behalf in any notice given under sub-section (1) or (1A) of section 274 or under section 274A, to comply with any requisition made to him by the Commissioner regarding the provisions of any cistern, fitting, lock or key or means of access to such cistern;
   • (c) if the owner or occupier of the premises fails, within the period prescribed in this behalf in any notice given under sub-section (2) of section 278, to comply with the terms of such notice or fails to use articles of the kind prescribed under sub-section (3) of section 274;]
   • (d) if after receipt of a written notice from the Commissioner requiring him to refrain from so doing the owner or occupier of the premises continues—
     • (i) to use the water, or to permit the same to be used, in contravention of any by-law made under this Act or of any condition prescribed under sub-section (2) of section 169;
     • (ii) when payment for the water is made not by measurement, to permit any person not residing on premises in respect of which water-tax is paid to carry away from such owner’s or occupier’s premises water derived from municipal water-work; 9[(e) if the owner or occupier of the premises wilfully or negligently injures or damages any meter, pipe, cistern or fitting or lock thereof in such premises;] 10[(f) if the owner or occupier of the premises fails to comply with any requisition made on him by the Commissioner under sub-section (2) of section 287B, to furnish the name of the licenced plumber;] 11[Provided that— This clause was substituted for the original by Bom. 5 of 1938, s. 30(a). This sub-section was substituted for the original by Bom. 5 of 1938, s. 30(d). The words “with the sanction of standing committee” were repealed by Bom. 6 of 1913, s. 2. These words were inserted by Bom. 5 of 1938, s. 31(1)(a). These words and figures were inserted by Bom. 10 of 1928, s. 13(a)(i). These words were substituted for the words “fifteen days after a notice of demand” by Mah. 11 of 2009, s. 51. This word was substituted for the word “presented” by Bom. 20 of 1952, s. 15. This clause was substituted for the original by Bom. 5 of 1938, s. 31(1)(b). This clause was substituted for the original by Bom. 5 of 1938, s. 31(1)(c). This clause was inserted by Bom. 8 of 1918, s. 13(b). This proviso was added by Bom. 6 of 1913, s. 2.

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1[(i) in any case under

2[clause] (a), the Commissioner shall not take action unless not less than fifteen days a previously copy of the notice of demand in receipt of the tax or sum has been affixed to a conspicuous part of the premises;]

3[(ii)] in case under

4[clauses] (a), (b),

5[(d) and (f)] the Commissioner shall not take action without the sanction of the

6[Standing Committee];

7[(iii)] in case under

8[clauses] (c) and (e) the Commissioner shall not take action unless written notice of not less than twenty-four hours has been given to the owner or occupier of the premises;

9[(iv) in any case falling under

10[clause] (b) the Commissioner shall not take action unless not less than fifteen days previously a copy of the notice under sub-section (1) or sub- section (1A) of section 274 or under section 274A, as the case may be, has been affixed to a conspicuous part of the premises:]

11[Provided that where in any case falling under clauses (a), (b), (d) and (f) the Commissioner has with the sanction of the

12[Standing Committee] cut off water supply or turned of water, and there is recurrence of any case under any of these clauses, the Commissioner shall take action without the sanction of the

13[Standing Committee].

1. (2) The expenses of cutting of the connection or of turning off the water in any such case aforesaid shall be paid by the owner or occupier of the premises.

No person to whom water is supplied by measurement or on payment of a fixed periodical sum shall contravene any condition prescribed under sub-section (2) of section 169 for the use of such water, or permit any such condition to be contravened.

The Commissioner shall have the same powers and be subject to the same restriction for carrying, renewing and repairing private water mains, pipes and ducts as he has and is subject to under the provisions hereinbefore contained for carrying, renewing and repairing private drains.]

The expenses for carrying, renewing

and repairing private water mains, pipe and ducts referred to in section 280A shall be recovered from the owner or occupiers in accordance with the provisions of this Act.]

16[(1)] No water-pipes shall be laid in a drain or on the surface of an open channel or house-gully or within twenty feet of a cess-pool, or in any position where the pipe is likely to be injured or the water therein polluted; and no

New proviso (i) was inserted by Bom. 10 of 1928, s. 13(b)(i). These words “clause” and “clauses” were substituted for the words “sub-clause” and “sub-clauses” by Mah. 21 of 1989, s. 37(a). Original clauses (i) and (ii) were re-numbered as clauses (ii) and (iii), respectively by Bom. 10 of 1928, s. 13(c). These words “clause” and “clauses” were substituted for the words “sub-clause” and “sub-clauses” by Mah. 21 of 1989, s. 37(a). These letters, word and brackets were substituted for the original word, letter and brackets “and (b)” by Bom. 8 of 1918, s. 13(e). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 107. Original clauses (i) and (ii) were re-numbered as clauses (ii) and (iii) by Bom. 10 of 1928, s. 13(c). These words “clause” and “clauses” were substituted for the words “sub-clause” and “sub-clauses” by Mah. 21 of 1989, s. 37(a). This paragraph was added by Bom. 5 of 1938, s. 3(i)(d). These words “clause” and “clauses” were substituted for the words “sub-clause” and “sub-clauses” by Mah. 21 of 1989, s. 37(a). This proviso was added by Mah. 21 of 1989, s. 37(b). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 107. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 107. Section 280A was inserted by Bom. 8 of 1918, s. 14. Section 280B was inserted by Mah. 21 of 1989, s. 39. Section 281 was re-numbered as sub-section (1) of that section by Mah. 21 of 1989, s. 39.

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well or tank, and except with the consent of the Commissioner, no cistern shall be constructed within twenty feet of a

1[privy, water-closet or] cess-pool.

2[(2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which shall not be less then five hundred rupees and which may extend upto five thousand rupees or with both.]

1. (1) No person shall fraudulently dispose of any water supplied to him by the corporation.
2. (2) No person to whom a private supply of water is furnished by the corporation shall, except when the water supplied is charged for by measurement, permit any person who does not reside on premises in respect of which water-tax is paid to carry away water from the premises to which it is supplied.
3. (3) No person, who does not reside on premises in respect of which water-tax is paid shall carry away water from any premises to which a private supply is furnished by the corporation, unless, in any case in which such supply is charged for by measurement, he does so with the permission of the person to whom such supply is furnished.

1. (1) No person shall fraudulently—
   • (a) alter the index to any meter or prevent any meter from duly registering the quantity of water supplied;
   • (b) abstract or use water before it has been registered by a meter set up for the purpose of measuring the same.
2. (2) The existence of artificial means under the control of the consumer for causing any such alteration, prevention, abstraction or use shall be evidence that the consumer has fraudulently effected the same. 3[(3) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to one month or with a fine which shall not be less than five hundred rupees and which may extend upto five thousand rupees or with both.] General Provisions

4[(1)] No person shall wilfully or negligently—

1. (a) injure or suffer to be injured any meter belonging to the corporation or any of the fitting of any such meter;
2. (b) break, injure or open any lock, cock, valve, pipe, work, 5[engine, cistern or fitting] appertaining to any municipal water-work;
3. (c) flush or draw off the water from any such water-work, thereby causing such water to be wasted;
4. (d) do any act 6[or suffer any act to be done] whereby the water in or derived from any municipal water-work shall be wasted;
5. (e) obstruct, divert or in any way injure or alter any water-main or duct; 7[(f) except with the permission of the Commissioner open, break, injure or tamper with any lock furnished under section 274A]; These words were inserted by Bom. 5 of 1905, s. 39. Sub-section (2) was added by Mah. 21 of 1989, s. 39. Sub-section (3) was added by Mah. 21 of 1989, s. 40. Section 284 was re-numbered as sub-section (1) of that section by Mah. 21 of 1989, s. 41. These words were substituted for “or engine” by Bom. 5 of 1938, s. 32(a). These words were inserted by Bom. 8 of 1918, s. 15. This clause was inserted by Bom. 5 of 1938, s. 32(b).

1888 : III] The Mumbai Municipal Corporation Act 245

1[(g) misuse the water duly provided by the Corporation for a specific purpose or use the same for any other purpose, whether specified or not.]

2[(2) Whoever contravenes any of the provisions of sub-section (1) shall, on conviction, be punished,—

1. (a) for the first offence, with an imprisonment for a term which may extend to one month or with a fine which shall not be less than one hundred rupees and which may extend upto one thousand rupees or with both;
2. (b) for the second every subsequent offence, with imprisonment for a term which may extend to six months or with fine which shall not be less than two hundred rupees and which may extend upto two thousand rupees or with both.]

Compensation shall be paid by the offender for any damage which the corporation sustains by reason of any contravention of section 283 or section 284.

If it

shall be shown that an offence against some provision of this Chapter or against some bye-law made

under this Act at the time in force relating to water supply has occurred on any premises to which a

private supply of water is furnished by the corporation, the owner, the person primarily liable for the

payment of water-tax and the occupier of the said premises shall be jointly and severally liable for the same.]

On the written request of any person who is required under any of the provisions of this Chapter to supply any materials, fittings, cistern or lock and key or to do any work, the Commissioner may, on such person’s behalf, supply the necessary materials, fittings, cistern or lock and key, as the case may be, or cause the necessary work to be done; but he shall not do so in any case to which the provisions of section 493 or 495 will not apply, unless a deposit is first of all made by the said

person of a sum which will, in the opinion of the Commissioner, suffice to cover the cost of the said

material, fitting, cistern, lock and key or work.]

(1) The Commissioner may, if he thinks fit, cause any

work described in this Chapter to be executed

6[or any cistern to be supplied with a lock and key] by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed

7[or supplied] the option of doing

8[or supplying] the same.

1. (2) The expenses of any work so done (or of supplying such lock and key) shall be paid by the person aforesaid, unless the corporation shall, by a general or special order or resolution, sanction, as they are hereby empowered to sanction, the execution of such work 9[or the supply of such lock and key], at the charge of the municipal fund.]

1. (1) No person other than

a licensed plumber shall execute any work described in this Chapter,

11[(other than the provision of a lock and key)] and no person shall permit any such work to be executed except by a licensed plumber.

1. (2) Every person who employs a licensed plumber to execute any such work shall when so required, furnish to the Commissioner the name of such plumber. Clause (g) was added by Mah. 21 of 1989, s. 41(a). Sub-section (2) was added by Mah. 21 of 1989, s. 41(b). This section was substituted for the original by Bom. 5 of 1938, s. 33. This section was substituted for the original by Bom. 5 of 1938, s. 34. Section 287A was inserted by Bom. 5 of 1905, s. 40. These words were inserted by Bom. 5 of 1938, s. 35. These words were inserted by Bom. 5 of 1938, s. 35. These words were inserted by Bom. 5 of 1938, s. 35. These words were inserted by Bom. 5 of 1938, s. 35. This section was inserted by Mah. 8 of 1918, s. 17. These words and brackets were inserted by Mah. 8 of 1918, s. 36(1).

246 The Mumbai Municipal Corporation Act [1888 : III

1[(3) Where any person causes or permits any pipe, cistern or fitting or other work necessary for conveying a private supply of water from a municipal water-work into any premises to be laid, applied or executed in contravention of sub-section (1), he shall, in addition to being liable to the penalty prescribed for such contravention, not be entitled to an independent or branch connection, until the defects, if any, in such pipe, cistern, fitting or work are removed to the satisfaction of the Commissioner.]

2[Brihan Mumbai].— The Commissioner may supply water from a municipal water-work to any local authority or person without

3[Brihan Mumbai] on such terms

as to payment and as to the period and conditions of supply as shall be, either generally or specially,

approved by the corporation.