Power of State Government to issue directions to Corporation in emergency arising out of scarcity of water

(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, if the State Government is of opinion that because of acute scarcity of water, it is necessary or expedient so to do, for securing the maintenance or equitable distribution of water supply available from any Municipal water works or any other water works, for drinking and other domestic use of the inhabitants receiving such water supply it may, by order published in the Official Gazette, and in such other manner as the State Government thinks fit, direct the Corporation or any other person in charge of the water works to regulate or prohibit the supply of water, from any such Municipal water works or any other water works to such undertakings or class of undertakings receiving such water supply, on such day or days, or during such times in any day or days and during such period or periods, as may be specified in the order.

1. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide,—
   • (a) that any undertaking, or any section thereof, shall not take water on any day or days, or during the time, or times in any day or days, or during the period or periods, specified in the order;
   • (b) for the exemption of any undertakings or any sections thereof, from the provisions of the

order, regard being had to the nature of the undertakings, such as, undertakings engaged for the

purposes of the defence of the country or undertaking engaged in work-which for technical reasons must be carried out continuously or cannot be interrupted;

1. (c) for any incidential or consequential or supplementary matters (including provision for entry upon, and the inspection of, any premises) which the State Government thinks necessary or expedient to give effect to the purposes aforesaid. Explanation.— In this section, “undertaking” means any undertaking by way of industry, trade or business or building construction.

1. (3) (a) If any person fails to comply with, or contravenes, any of the provisions of any order made under this section, he shall be guilty of an offence and, without prejudice to any other penalties to which he may be liable under this Act or any other law for the time being in force, he shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine not exceeding rupees one thousand, or with both.
   • (b) Where an offence under this section has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible, to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The heading and section 520A were inserted by Mah. 32 of 1966, s. 7.

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Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent such offence.

1. (c) Notwithstanding anything contained in this sub-section, where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this sub-section,—
   • (i) “company” means any body corporate, and includes a firm or other association of individuals; and
   • (ii) “director” in relation to a firm means a partner in the firm.

1. (4) No suit or prosecution or other legal proceedings shall lie against any person for anything in good faith done in pursuance of the provisions of this section; and no suit or other legal proceedings shall lie against the Government or any local authority, for any damage caused or likely to be caused by anything in good faith done in pursuance of the provisions of this section.]