Chapter VII WATER SUPPLY, LIGHTING AND DRAINAGE SYSTEMS

Supply of drinking water-

1. (1) Every Municipal Board shall provide or arrange for the provision of a sufficient supply of drinking water for the inhabitants of the areas within its jurisdiction.
2. (2) The Board shall make adequate provision for securing-
   • (a) that the water supply is continuous throughout the year, and
   • (b) that the water supply is at all times pure and fit for human consumption.
3. (3) A Municipal Board shall also provide or arrange for the provision of sufficient supply of water for other domestic purposes or for non-domestic purposes.

Satisfactory system of drainage-

1. (1) Every Municipal Board shall, so far as the fund at its disposal may permit, provide and maintain a sufficient and satisfactory system of public drains for the effectual drainage and its local area.
2. (2) If in the opinion of the State Government any area of the Municipality or part thereof should, for any special reason, be provided with a system of public drains or with other means of drainage, they may direct the Municipal Board to provide or execute, within such time as may be fixed by them in this behalf, such works as may be considered necessary by them.
3. (3) The Board shall at all time keep in good repair all drains cesspools and the like vested in or belonging to it.

Sanction of scheme by State Government-The State Government may, on the application, in accordance with rule, of any Municipal Board at a meeting, or of any such Board acting conjointly with any one or more of the local authorities specified in Section 4, sanction a scheme for water supply or for the introduction of a system of lighting by electricity or otherwise or for supply of gas or of a system of drainage or sewerage.

Publication of scheme-Before any scheme or a joint scheme for any of the purposes mentioned in Section 266 is sanctioned by the State Government there shall be published in the Official Gazette and locally the following particulars:

1. (a) a general description of the scheme;
2. (b) an estimate of the cost of carrying it out and its maintenance;
3. (c) source from which the cost will be met; and
4. (d) the amount of loan, if any, proposed to be taken.

Scheme to be carries out by municipalities-When a scheme has been sanctioned under Section 266, the Municipal Board or any of other local authorities concerned or a joint-committee constituted under Section 49, shall, if the tax on other moneys to be collected, received or recovered for or in respect of the supply of water or the lighting, drainage or sewerage system, be sufficient for the purpose, proceed to carry it out, or cause it to be carried out.

State Government may appoint on officer to execute the works-State government may order the works specified in any scheme as aforesaid, or any portion thereof be executed by an officer to be appointed by it, and may fix the remuneration of such officer; and may specify a period within which the work shall be completed and may extend such period from time to time as may be necessary.

Power of Board to lay or carry wires, pipes, drains, or sewers, through private land subject to payment of compensation for drainage sustained provided that no nuisance is created-The Board may carry any wire, pipe, drain, sewer or channel of any kind for the purpose of providing or of carrying out and establishing, or maintaining a system of water supply, lighting, drainage or sewerage, through, across, under or over any road, place laid out as or intended for a road, and after giving reasonable notice in writing to the owner and occupier, into, through, across, under over or up the side of any or building whatsoever situated within the limits of the municipality, and for the purpose of introduction, distribution or outfall of water or for the removal or outfall of sewerage, without such limits and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such wire, pipe, drain, sewer or channel, as the case may be in an effective state for the purpose for which the same may be used or intended to be used: Provided that no nuisance more than is necessarily caused by the proper execution of the work is created by any such operation; and Provided, further, that reasonable compensation shall be paid to the owner or occupier or both for any damage at the time sustained by him or them and directly occasioned by the carrying out of any such operations.

Provisions as to wires, pipes, drains or sewers laid or carried above surface of ground-In the event of any wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through, over, or up the side of any building such wire, pipe, sewer drain, or channel, as the case may be, shall be so laid or carried at to interfere as little as possible with the rights of the owner or occupier to the clue enjoyment of such land or building and reasonable compensation shall be paid respect of any substantial interference with any such right to such enjoyment.

Previous notice to be given-Except as otherwise provided the Board shall cause not less than fourteen days notice in writing to be given to the owner or occupier before commencing any operation under Section 270.

Power to permit connections with main-

1. (1) Subject to rule, the Board may, on the application of the owner or occupier of any premises, makes, or cause or permit to be made, any connection to such premises from any wire, pipe, drain, sewer or channel constructed or maintained by or vested in the Board, on such terms as the Board at a meeting may from time to time determine.
2. (2) Any person who shall, without the permission of the Board, made or cause to be made, any such connection or flush, draw off, divert take or use water or gas from any works belonging to or under the control of the Board, or, divert or take water from any water or stream by which water-works belonging to, or under the control of the Board, are supplied, shall be liable to a fine not exceeding one hundred rupees.

Power to make or require connections in certain cases-In municipalities to which the provisions of this section may, at any time, by notification, be extended by the State Government, the Board may establish any connection from any drain or sewer to any premises, or may by notice require the owner or occupier of any such premises to establish any such connection, in such manner and within such time as the Board by notice in that behalf may prescribe, at the cost of such owner or occupier.

Power to prescribe size of ferrules and to establish meters and the like-The Board may prescribe the size of the ferrules to be used for the supply of gas and water, and may establish meters or other appliances for the purpose of testing the quantity or quality of any gas supplied to the premises of any person or to for the use of any person or business.

Communication and connections to be made subject to inspection by and to the satisfaction of Board-All work in connection with the ferrules, communication-pipes, connections meters, stand-pipes and all fittings thereon or connected therewith, leading from main or service wires, pipe drains, sewers or channels into any house or land, and the wires, pipes, fittings and works inside any such house or within the limits of any such land, shall in all cases be executed subject to the inspection and to the satisfaction of the Board.

Connections may be made by Board's own agency-The Board may require such ferrules, communication pipes, connections, meters, standpipes and fittings to be supplied and fitted by its own agency upon such terms as may be agreed upon between it and the person requiring the connection or subject to such charges as may be fixed by the Boards; and may require the amount necessary for the execution of such works to be paid or deposited before such works are executed.

Power to enter premises-

1. (1) Any officer authorized in that behalf by the Board may, between the hours of seven in the forenoon, and five in the afternoon, enter into or any house or land the purpose of inspecting or repairing gas, water, or other installations and for taking readings of meters connection therewith.
2. (2) If such officer at any such time be refused admittance into such house or land for the purposes aforesaid, or be prevented from making such examination the Board may forthwith cut off the supply of gas or water, as the case may be, from such house or land; Provided that nothing hereinbefore contained shall authorize an entry into any room appropriated for the Zenana residence or women, which by the custom of the country is considered private, unless a notice in writing of not less than four hours is given.

Presumption as to correctness of water-Whenever water or gas supplied under this chapter through a meter, it shall be presumed that the quantity or quality indicated by the meter has been consumed until the contrary is proved.

Testing of meter-

1. (1) if the owner or occupier of any premises to which water or gas is supplied through a meter desires to have the meter tested, he may send a written application to the Board, and such application must be accompanied by a fee of five rupees.
2. (2) Upon receipt of any such application and fee, the Board shall forthwith cause such meter to be tested, at a time and place to be specified in a notice to be served upon such owner or occupier.
3. (3) If such meter is found, upon being so tested, to be incorrect by more than two per cent the said fee shall be returned to the person who sent it.

Penalty for fraud in respect of meter-

1. (1) Any person who shall fraudulently-
   • (a) alter the index to any meter, or prevent any meter from duly registering the quality or quantity of water or gas supplied, or
   • (b) abstract or use water or gas before it has been registered by a meter set up for the purpose of testing the quantity or quality of the same, shall be liable to a fine not exceeding one hundred rupees.
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 affected the same.

Penalty for injuring meter-Any person who shall willfully or negligently injure or suffer to be injured any meter or any of the fittings of any meter shall be liable to a fine not exceeding one hundred rupees.

Estimate and specification of works to be sent-No works for establishing any such connection as is referred to in section 273, shall be commenced by the owner without sending a specification and estimate of the cost thereof to the occupier, not: by the occupier without sending such, specification and estimate to the owner.

Owner to bear the cost of keeping works in repair-Except in the case of a special agreement to the contrary, the, owner of any premises shall bear the expense of keeping any such connection with such premises as is referred to in sections 273 and 274 and all works connected therewith in substantial repair and if he fails to do so the occupier may, after giving the owner three days notice in writing, himself have the repairs executed and deduct the expenses thereof from any rent which is due from him to the owner in respect of such premises:

Board to provide water supply Board to provide water supply,-

1. (1) In any municipality in respect of which a scheme for a supply of water has been sanctioned under section 66 and in which the imposition of a water tax has been sanctioned by State Government under section 68, sub-section (1) (b), the board shall provide a supply of water within the limits of the municipality for domestic purposes; and for this purpose it shall be lawful for it to cause such mains and pipes to be laid, and such tanks, reservoirs or other works to be made and constructed, as shall be necessary for the supply of water in the chief public roads; and it may also erect in all such roads sufficient and convenient stand pipes or pumps for the use of the inhabitants of the municipality for domestic purposes.
2. (2) The Board may supply water for other than domestic purposed.

Pressure at which water must be kept-

1. (1) The Board at meeting shall determine what pressure of water shall be maintained in its service pipes and mains, and during what hours such pressure shall be continued; and any order made under this section shall be published in such manner as the Board may direct, and shall not be altered except with the sanction of the Board at a meeting.

Provision for water meter-

1. (1) The Board may provide a water meter and attach it to the communication pipe of any premises to which water is supplied by the Board, and whenever a water meter is provided the Board shall maintain it in efficient state.
2. (2) When any meter attached to the communication pipe of any premises is out of order or under repair the Board shall forthwith replace it by another meter.
3. (3) The expense of providing, attaching and replacing a meter under sub-sections (1) and (2) may, at the discretion of Board, be borne by the municipal fund or may be recovered wholly or in part from the person requiring the supply, or if the communication pipe has been laid down before the commencement of this Act, from the owner of the premises except in the case of a special agreement to the contrary between the owner and the occupier in one installment or more than one instilment according as the Board thinks proper; and if the expense as aforesaid or any part of it is borne by the municipal fund, the Board may recover rent for the meter at such rate as may be fixed by it.

House-holder entitled to certain supply of water for domestic use-

1. (1) the Board at a meeting may determine what quantity of water shall be supplied for domestic purposes to the occupier of any premises free of further charge for every rupee paid to the Board as water tax on account of such premises.
2. (2) Any which may be used for domestic purposes over and above the quantity to which the occupier is entitled as aforesaid, and any water which may be used for other than domestic purposes, shall be paid for by him at such rate as the Board at a meeting may determine.

Power to provide water for latrine-It shall be at the option of the Board to provide water for all latrines and water closets, and it shall be lawful for it to require that all latrines and water closets supplied with water shall be provided with a cistern of such sizw and description as the Board shall direct, and all such cisterns shall be put up at the cost of the owner of the premises so supplied with water.

Power to turn off water

1. (1) The Board may cause the water to be turned of from any premises which are supplied with water after giving notice in writing of not less than twenty-four hours-
   • (a) if the premises are unoccupied; or
   • (b) if the person liable to pay the water tax or any charge made under Section 287
2. (3) or 288
3. (2) neglects to pay the same; or
   • (c) if any pipe, works fittings or meters connected with the supply of water and being the property of the owner or occupier are found, on examination by any officer of the Board authorized in that behalf, to be out of repair to such an extent as to cause the waste of water of; or
   • (d) if the owner or occupier of the premises willfully or negligently contaminates, misuses or cause water of water; and may recover from the owner or occupier of such premises, or from the person liable to pay the water tax or the charge, as the case may be, the expenses incurred for turning of the water: Provided that the stopping cutting off of the supply of water shall not relieve any person from any penalties of liabilities which he may have incurred.
4. (2) When the water has been turned off under sub-section (1)
   • (b) the Board shall restore the supply on payment of some for non-payment of which the water was turned off together with the expenses incurred in turning off the water or on the removal of the defects referred to in clause (c) and (d) of sub-section (1) for which the water was turned off.

Penalty for causing waste of water-

1. (1) The occupier of any premises, in which water supplied by the Board under this chapter is, from negligence or other circumstances under the control of the said occupier, wasted, or in whose house or land the pipes, works fitting or meters for the supply of water shall be found to be out of repair to such an extent as to cause waste of water, shall be liable to a fine not exceeding twenty rupees.
2. (2) Any person otherwise causing waste of water supplied by the Board shall be liable to a fine not exceeding five rupees.

Power to allow person outside the town to take water-It shall be within the discretion of the Board to allow any person not residing within the limits of the municipality to take or be supplied with water for domestic use, on such terms as the Board at a meeting may from time to time determine; and any person taking or causing to be taken for use, outside the limits of the municipality, water supplied by the Board without the permission of the Board, shall be liable, to fine not exceeding fifty rupees.