Amendment of Section 13

(1) In the principal Act, in section 13, for the marginal heading "power to lay or carry pipes", the marginal heading "power to lay or carry pipes or to construct water works and payment of compensation etc", shall be substituted. (2) section 13 shall be re-numbered as sub-section (1) thereof and after sub-section (1) as so re-numbered, the following sub-sections shall be inserted, namely:- "(2) All reservoirs, tanks, cisterns, fountains, wells, and bore wells, pumps, pipes, taps, conduits and other works connected with the supply of water to the notified area, including the headworks, reservoirs and the Government mains, and all bridges, building, machinery, works materials and other things connected therewith and all land (not being private property) adjacent and appertaining to the same, shall vest in the Department and be subject to its control. (3) The Department may construct, lay, or erect filtration plants, reservoirs, machinery, conduits, pipes, or other works in any place in the state for supplying the notified area with water, and may provide, tanks, reservoirs, machinery, mains, fountains and other conveniences within or outside the notified area for the use of the inhabitants. (4) The Department may cause existing water works to be maintained and supplied with water or it may close any such works and substitute other such work and may cause them to be maintained and supplied with water. (5) Notwithstanding anything contained in any other law for the time being in force, the Department may lay a main within or without the local limits of the notified area,- (a) in any street or any land vested in the Government, the Department or any other local authority or any Government Company or Department owned or controlled by the Government; (b) with the consent of every owner or occupier of any land not forming part of a street, in over or on that land, and may, from time to time inspect, repair, alter or renew or may, at any time, remove any main, whether laid under this Act or otherwise: Provided that where consent required for the purpose of this sub-section is withheld, the Department may, after giving the owner or occupier of the land a 15 (fifteen) days of written notice of its intention to lay the main in, over or on that land even without such consent. (6) Where the Department, under the provision of this section, lays a main in, over or on any land not forming part of a street or land referred to in clause (a) of sub-section (5) or inspects, repairs, alters, renews or removes a main so laid in, over or on any such land, it shall pay a compensation to every person interested in that land for any damage done to or injurious affection of, that land by reason of such laying, inspection, repairs, alteration, renewal or removal of the main. (7) The Department may, in any street or any land referred to in clause (a) of sub-section (5) whether within or without the local limits of the notified area, lay such service pipes with such stopcocks and other water fittings as it may deem necessary for supply of 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 under this Act or otherwise. (8) 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 (7), such officers as the Department may authorize, from time to time, 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. (9) The Department may place and maintain conduits and lines of mains or pipes, over, under, along or across any immovable property whether within or without the local limits of the notified area 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 Department 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. (10) If it appears to the Department that the only technically feasible alternative 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, authorize the owner of the premises to place carry such pipe, over, under, along or across such immovable property; Provided that before making any such order the Department shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by regulations so 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. (11) Upon making of an order under sub-section (10), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with the assistants and the 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. (12) In placing or carrying a pipe under sub-section (11), 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 and with the least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying of 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. (13) If the owner of the immovable property over, under, along or across, which a pipe has been placed or carried under this section while such immovable property was not built upon, desires to erect any building on such property, the Department shall on notice in writing, require the owner of the premises as indicated in sub-section (10), to close, remove or divert the pipe in such manner as shall be approved by that and to fill in, reinstate and make good the immovable property as if the pipe has 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 Department it is necessary or expedient for the construction of the proposed building or the sale enjoyment thereof that the pipe should be closed, removed or diverted. (14) No person shall obstruct or hinder any person authorized or empowered by or under this Act in the execution of his duty or of anything which he is authorized or empowered or required to do by virtue of or in consequence of any of the provisions of this Act or any rules or made thereunder. (15) No person shall, except with the permission duly obtained from the Department or the Public Health Engineer in charge of water supply, enter on land or premises or water works of the Department. (16) Save as provided for in any other section of this Act, any compensation to be paid under this section or the other provisions of this Act, shall be as determined by the local authority as established by law."