The Madras Metropolitan Water Supply and Sewerage Act, 1978
Chapter VI WATER SUPPLY AND SEWERAGE
Chapter VI WATER SUPPLY AND SEWERAGE
42. Water supply system
- (1) The Board shall provide or arrange for the provision of a sufficient supply of drinking water for consumption by the inhabitants of the Madras Metropolitan Area.
- (2) The Board shall, as far as may be practicable, make adequate provision for securing that the water supplied for drinking purposes is at all times wholesome and fit for human consumption.
- (3) The Board may also provide or arrange for the provision of a sufficient supply of water for other domestic or non-domestic purposes except irrigation: Provided that the water supplied under this sub-section may be different in quality to water supplied for drinking purposes.
- (4) The Board may regulate the hours, quantity and pressure of water supply.
- (5) No person shall use water supplied by the Board except as authorised by this Act or any regulation or other instrument made thereunder.
- (6) The Board shall furnish to the Government at such time as the Government may determine reports on the quality of the water supplied by it or available in the Madras Metropolitan Area.
Chapter VI WATER SUPPLY AND SEWERAGE
43. Supply of water to public authorities and payment therefor
- (1) The Board may supply water to the Government, the Madras Port Trust, the Municipal Corporation of Madras or any other public or local authority on such terms as to payment and as to the period and the conditions of supply as may be agreed upon.
- (2) The Board may, subject to the payment by an existing authority or other public authority of such charges as the Board may determine, provide gratuitous supply of wholesome water to the public within the Madras Metropolitan Area, and may erect public hydrants, fire hydrants or other conveniences.
Chapter VI WATER SUPPLY AND SEWERAGE
44. Payments for water supplied under the Act and non-liability of the Board
- (1) Except as otherwise provided in section 43, payment for water supply under this Act shall be made at such rates, which may be different,-
- (1) for different areas,
- (2) for different types of consumers,
- (3) for different purposes, as may be prescribed.
- (2) The Board shall not be liable to any penalty or damages for cutting off the supply of water, or for not supplying water, in the case of unusual drought, or other cause or accident, replacements, extensions, or the necessity for relaying or repairing pipes.
Chapter VI WATER SUPPLY AND SEWERAGE
45. Water connections for domestic consumption and use
- (1) The authorised authority shall, on the application by the owner or occupier of any building or premises, arrange to supply water thereto for domestic consumption and use if-
- (a) such building or premises has an annual value of more than three hundred rupees as assessed under section 35;
- (b) the building or premises is within thirty metres of a main of the Board from which water can be supplied; and
- (c) the cost of all works necessary for that purpose shall be borne by the applicant: Provided that the authorised authority may arrange for supply even if the building or premises is beyond thirty metres as aforesaid if the applicant agrees to bear all costs and expenses and if the supply is otherwise practicable.
- (2) Whenever it appears to the authorised authority that any building assessed to an annual value of not less than three hundred rupees is without a proper supply of water for domestic consumption and use and that such a supply can be furnished from a main not more than thirty metres distant from any part of such building, the authorised authority may by notice require the owner to obtain such supply and to execute all such works as may be necessary for that purpose at the cost of the owner.
- (3) It shall not be lawful for the owner of any dwelling house assessed at an annual value of not less than three hundred rupees, to occupy it or cause or permit it to be occupied until he has obtained a certificate from the authorised authority that there is provision within or within a reasonable distance of the house for supply of wholesome water for domestic consumption and use of the inmates of the house.
- (4) Where on any land there are two or more superstructures, the annual value of each of which is less than three hundred rupees and the owner of the land is not the owner of all the superstructures, the authorised authority may, if it appears to it that the superstructures are without a proper supply of water for domestic consumption and use and that a supply can be furnished from a main not more than thirty metres distant from any part of any such superstructure, by notice, require the owner of the land to obtain such supply.
- (5) In any other case, where any premises are without supply of water for domestic consumption and use, the authorised authority may arrange for such supply on the application of the owner and at the owner's cost or he may by written notice require the owner to obtain such supply from the Board's main, and may for that purpose provide at the owner's cost such pipes, hydrants, standpipes or posts and other fittings.
- (6) The Board may, subject to such conditions as it may impose, supply water for any purpose other than irrigation or domestic consumption or use, on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed. Explanation.—For the purposes of this Chapter —
- (a) supply of water for domestic consumption and use shall be deemed to include a supply —
- (i) for flushing latrines or house-sewers;
- (ii) for all baths other than swimming baths or public baths;
- (iii) for the consumption and use of inmates of hotels, boarding houses and residential clubs and for baths used by such inmates; or
- (iv) for the consumption or use of persons resorting to theatres and cinemas; and
- (b) supply of water for non-domestic consumption and use shall be deemed to include a supply —
- (i) for any trade, manufacture or business;
- (ii) for garden;
- (iii) for building purposes;
- (iv) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purpose;
- (v) for animals, when they are kept for sale or hire; or
- (vi) for washing vehicles where they are kept for sale or hire.
- (a) supply of water for domestic consumption and use shall be deemed to include a supply —
Chapter VI WATER SUPPLY AND SEWERAGE
46. Control over house and other connections
- (1) All house-connections, whether within or without the premises to which they belong, with the Board's water supply mains shall be under the control of the Board, but shall be altered, repaired and kept in proper order, at the expense of the owner of the premises to which they belong, or for the use of which they were constructed: Provided that the expenses of such alteration, repair or maintenance outside the premises shall be borne by the Board.
- (2) All connections to the mains of the Board for water supply to premises, street hydrants including fire hydrants and places of public resort and all pipes, taps and other fittings used for such supply shall be made, maintained and regulated in such manner and at such charges or fees for connection or reconnection as may be prescribed.
Chapter VI WATER SUPPLY AND SEWERAGE
47. Calculation of charges for water supply
- (1) For calculating the amount payable by the owner for consumption of water supplied by the Board, the Board may determine the quantity, consumed on the basis of reading recorded by a meter installed in the premises.
- (2) Where so required by the Board, meters shall be installed by the owner of the premises concerned at his cost and for this purpose, the Board shall arrange to supply the meters: Provided that where meter has already been installed prior to the commencement of this Act, the Board may discontinue the recovery of rent or charge therefor, and recover the value of the meter from the owner.
- (3) The readings of the meter indicating the quantity of consumption of water shall be presumed to be correct unless the contrary is proved.
- (4) Where meters are not provided to any premises, or the meters have become faulty or are not in working condition, the charges until the meters can be provided or until the meters are repaired or set right for consumption or use of water shall be such as may be prescribed.
- (5) If the owner of any premises having independent and private source of water supply is allowed by the Board to take sewerage service, he shall be liable to pay for such service, such amount and on such basis as may be prescribed.
Chapter VI WATER SUPPLY AND SEWERAGE
48. Prevention of wastage of water
- (1) No owner or occupier of any premises to which water is supplied by the Board shall negligently or otherwise suffer such water to be wasted or shall suffer pipes, taps, works and fittings for the supply of water to remain out of repair so as to cause wastage of water.
- (2) No person shall cause wastage of water provided by the Board by the misuse of public stand-posts or pipes, drinking fountains or hydrants.
- (3) Whenever the authorised authority has reason to believe that as a result of defects in pipes, taps, or fittings connected with the water supply to any premises, water is being wasted, it may, by written notice, require the owner of the premises, within such period as may be specified in the notice to repair and make good the defects.
- (4) If such repairs are not effected within the time specified in the said notice, the authorised authority may cause such repairs to be made in order to stop wastage.
Chapter VI WATER SUPPLY AND SEWERAGE
49. The cost of such repairs shall be recovered from the owner of the premises as if it were an arrear of tax, rate or charge provided under this Act.
Power to cut off water supply
- (1) Notwithstanding anything contained in this Act, the authorised authority may cut off the connection between any water works of the Board and any premises to which water is supplied from such works or may turn off such supply in any of the following cases, namely :-
- (a) if the premises are unoccupied ;
- (b) if after receipt of written notice from the authorised authority requiring him to refrain from so doing, the owner or occupier of the premises continues to use water or to permit the same to be used in contravention of this Act or any other law or any regulation or other instrument made thereunder ;
- (c) if the owner or occupier refuses to admit any authorised authority into the premises for the purposes of making any inspection relating to water supply or sewerage service, or prevents such authority from making such inspection ;
- (d) if the owner or occupier of the premises fails to fix or prevents the fixing of a meter as required by or under the provisions of this Act, or wilfully or negligently injures or damages the meter or otherwise interferes with any pipe or tap or main or other work conveying water from any works of the Board ;
- (e) if any pipes, taps, works or fittings connected with the supply of water to the premises be found on examination to be out of repair to such an extent as to cause such wastage of water that immediate prevention is necessary ;
- (f) if by reason of a leakage in the service pipe or fittings, damage is caused to a public street and immediate prevention is necessary ;
- (g) if there is any water-pipe situated within the premises to which no tap or other efficient means of turning off the water is attached ;
- (h) if house sewers are maintained without conforming to the provisions of this Act, or such sewers are not constructed or maintained, when required under this Act ;
- (i) if the owner or occupier fails to pay within due time any money due to the Board under this Act, or any regulation or other instruments made thereunder ;
- (j) if there is any default in complying with any requisition made under this Act, or of any provision of this Act or any instrument made thereunder is contravened : Provided that, except in the case, where by reason of any of the circumstances referred to in clauses
- (d) to (g), there is risk of contamination of water, the authorised authority shall not cut off such connection or turn off such supply unless notice of not less than twenty-four hours has been given to the owner or the occupier of the premises, as the case may be.
- (2) No action taken under or in pursuance of this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred.
- (3) The expense of cutting offthe connection or turning off the water supply and of restoring the same determined by the authorised authority in any case referred to in sub-section
- (1) shall be paid by the owner or occupier of the premises : Provided that no charge for such expense shall be made in the case mentioned in clause
- (a) of the said sub-section.
- (4) In cases where water supply has been cut off pursuant to clause
- (i) of sub-section (1), the authorised authority shall restore the water supply as before as soon as all money due, together with the expenses referred to in sub-section (3), have been paid by the owner or occupier.
- (5) Where the authorised authority has cut off or has issued any notice to cut off water supply to any premises under this section no court or other authority shall issue any order or direction in the nature of injunction, stay or otherwise except after giving a reasonable opportunity to the Board of being heard.
Chapter VI WATER SUPPLY AND SEWERAGE
50. Control over wells, etc
- (1) No person shall construct, reconstruct, drill, repair or alter any well, pond, tank, cistern intended for drinking purposes without the permission of the authorised authority and the maintenance thereof shall be regulated in such manner as the Board may determine, including the dimensions of the well, pond or tank or a cistern, the manner of enclosing it, and the means which shall be used to prevent pollution of the water.
- (2) Without prejudice to the provisions of sub-section (1), the provisions of sections 234, 235, 236, 242, 243, 244 and 245 of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) shall, so far as may be, apply to wells in the Madras Metropolitan Area :
Chapter VI WATER SUPPLY AND SEWERAGE
51. Provided that references in those sections to the Commissioner shall be construed as references to the authorised authority.
Control over use, etc., of underground water in certain cases
- (1) Save as otherwise provided in section 50, the Board may in the public interest and with the previous sanction of the Government, regulate, control and charge for existing or future extraction, conservation and use of underground water in any form for purposes other than irrigation, in the Madras Metropolitan Area.
- (2) Any person desiring to sink a well or a tube well or to continue existing use of underground water in the Madras Metropolitan Area for any purpose other than irrigation shall apply to the Board for the grant of a licence for the purpose and shall not proceed with any activity connected with such sinking or continue such existing use unless a licence has been granted by the Board.
- (3) Every application under sub-section
- (2) shall be made in such form and in such manner and shall contain such particulars as may be prescribed.
- (4) On receipt of an application under sub-section
- (1) if the Board is satisfied that it shall be in the public interest so to do, it may grant, subject to the payment of such fees as may be prescribed and subject to such conditions and restrictions as may be specified, a licence authorising the abstraction and use of the ground water : Provided that no person shall be refused a licence unless he has been given an opportunity of being heard.
- (5) In granting or refusing a licence under sub-section (2), the Board shall have regard to-
- (a) the purpose or purposes for which ground water is to be used ;
- (b) the existence of other competitive users ;
- (c) the availability of ground water :
- (d) the effect on other sources of water supply;
- (e) the compatibility with existing water supply system ;
- (f) availability of factors controlling or preventing pollution.
- (6) The licence shall be in such form as may be prescribed.
Chapter VI WATER SUPPLY AND SEWERAGE
52. Power to order cleansing of insanitary private water course, spring, tank, well, etc., used for drinking
- (1) The authorised authority may by notice require the owner or person having control over, any private water-course, spring, tank, well or other place the water of which is used for drinking purposes to keep the same in good repair, to cleanse it in such manner as the authorised authority may direct and to protect it from pollution caused by surface drainage or other matter in such manner as may be provided in the notice.
- (2) If the water of any private tank, well, or other place which is used for drinking is proved to the satisfaction of the authorised authority to be unfit for that purpose, the authorised authority may by notice require the owner or person having control thereof to-
- (a) refrain from using or permitting the use of such water for drinking, or
- (b) close or fill up such place or enclose it with substantial wall or fence.
- (3) In default of compliance with a notice under sub-section
- (1) or sub-section (2), the authorised authority shall carry out the work or any other thing to be done thereunder and recover the cost from the owner or the person having control and the amount thereto shall be recoverable as if it were an arrear of tax, under this Act.
Chapter VI WATER SUPPLY AND SEWERAGE
53. Prohibition of building over water mains
- (1) Without the permission of the authorised authority, no building, wall or other structures shall be newly erected and no street shall be constructed over any Board's water main.
- (2) If any building, wall or other structure be so erected or any street be so constructed the authorised authority may, with the approval of the Board, cause the same to be removed or otherwise dealt with as it shall appear fit and the expenses thereby incurred shall be paid by the person contravening the provisions of sub-section (1).
- (3) Nothing in this section shall apply to the Central Government.
Chapter VI WATER SUPPLY AND SEWERAGE
54. Prevention of pollution, etc
It shall not be lawful for any person to,-
- (a) bathe in any tank, reservoir, conduit, fountain, well or other place Set apart by the Board, or by the owner thereof, for drinking purpokes ;
- (b) wash or cause any animal or thing to be washed in any such place ;
- (c) throw, put or cause to enter into the water in any such place, any animal, or thing where by the water may be fouled or polluted ;
- (d) cause or allow to drain into or upon any such place, or cause or suffer anything to be brought there into or do anything whereby the water may be fouled or polluted; or
- (e) do, or cause to be done, anything which fails to comply with such requirement as may be prescribed for the purpo5e of preventing any pollution in the vicinity ofany source of water supply used for purposes of drinking, bathing or washing clothes.
Chapter VI WATER SUPPLY AND SEWERAGE
55. Sewerage system
- (1) As far as practicable, the Board shall construct and maintain sewers and provide a safe and sufficient system of sewers in or for the Madras Metropolitan Area, for the purpose of effectual discharge of sewerage of the said Area.
- (2) The power of the Board under sub-section
- (1) shall include the power to-
- (a) enlarge, arch-over or otherwise improve any of its sewers ; or
- (b) discontinue, close or destroy any of its sewers which has in its opinion become useless or unnecessary; or
- (c) construct any new sewer in the place of an existing sewer in any land wherein any of its sewers has already been lawfully constructed or repair or alter any sewer so constructed.
Chapter VI WATER SUPPLY AND SEWERAGE
56. Sewer connections
- (1) The authorised authority shall, on the application of the owner or occupier of any premises or the owner of a private street, arrange for thti applicant's house-sewer or other sewer in the privatz street to empty into a sewer of the Board if-
- (a) the premises or the property in which the private street is sltuated is asscssed to an annual value of not less than three hundred rupees as assessed under section 35;
- (b) there is a sewer of the Board within thirty metres of the nearest point from such premises or property ;
- (c) the owner or occupier agrees to bear all cost and expenses of the work and materials necessary for that purpose ; and
- (d) the owner or occupier complies with such conditions and requirements as may be prescribed.
- (2) If there is a public sewer or other place set apart by the Board for the discharge of the sewage within a distance not exceeding thirty metres of the nearest point on any premises, or if within such distance, a Board's sewer or other place for the discharge of sewage is about to be provided or is in the process of construction, the authorised authority may-
- (a) by notice direct the owner of the said premises to construct a sewer leading therefrom to such sewer or place and to execute all such works as may be necessary at such owner's expense, or
- (b) cause to be constructed a sewer leading from the said premises to such Board's sewer or place and cause to be executed all such works as may be necessary : Provided that-
- (i) not less than fifteen days before constructing any sewer or executing any work under clause (b), the authorised authority shall give notice to the owner of the nature of the intended work and the estimated expenses recoverable from the owner ; and
- (ii) the expenses incurred by the authorised authority in constructing any sewer or executing any work under clause
- (b) shall be recoverable from the owner in such instalments as the Board may deem fit and recoverable in the same manner as tax under this Act.
- (3) If any premises is in the opinion of the authorised authority without sufficient means of effectual sewerage, but no part thereof is situated within thirty metres of a Boards's sewer or other place set apart by the Board for the discharge of sewage, the authorised authority may, by notice, direct the owner of the said premises to construct a closed cess-pool (or other sewage disposal plant) of such material, dimensions and description in such position and at such level as the authorised authority thinks necessary and to construct a sewer or sewers emptying into such cess-pool and to execute all such works as may be necessary.
- (4) It shall not be lawful for the owner of any building to occupy it or cause or permit it to be occupied until he has obtained a certificate from the authorised authority that the said building is provided with such means of sewerage as appear to the authorised authority to be sufficient.
Chapter VI WATER SUPPLY AND SEWERAGE
57. Power to provide sewers in combination
- (1) When the authorised authority 1s of opinion that any group or block of premises any part of which is situated within thirty metres of a Board's sewer already existing (or about to be provided or in the process of construction), may be provided with sewer more economically or advantageously in combination than separately, the authorised authority may, with the approval of the Board cause such group or block of premises to be so provided by such method as appears to the authorised authority to be best suited therefor and the expenses incurred by the authorised authority inso doing shall be paid bythe owners in such proportions as the Board may deem fit and shall be recoverable in the same manner as tax, under this Act.
- (2) Not less than fifteen days before any work under this section is commenced, the authorised authority shall give written notice to the owners, of-
- (a) the nature of the intended work ;
- (b) the estimated expenses thereof; and
- (c) the proportion of such expenses payable by each owner.
- (3) The owners for the time being of the several premises constituting a group or block provided with sewersunder sub-section
- (1) shall be the joint owners of every sewer constructed, erected or fixed, or continued for the special use and benefit only of such premises and shall, in the proportion in which it is determined that they are t o contribute to the expenses incurred by t he aut horised authority under sub-section
- (1) be responsible for the expense of maintaining every such sewer in good repair and efficient condition.
Chapter VI WATER SUPPLY AND SEWERAGE
58. Power to close or limit the use of existing private sewers
- (1) Where a sewer connecting any premises with a Board's sewer or other place set apart by the Board for the discharge of sewage is sufficient and is otherwise unobjectionable, but is not, in the opinion ofthe authorised authority adopted to the general sewerage system of the araa,or of the part ofthe area in which such sewer is situated, the authorised authority with the approval of the Board may-
- (a) subject to the provisions of sub-section
- (2) close, discontinue or destroy the said sewer and do any work necessary for that purpose; or
- (b) direct that such sewer shall, be used for sewage only,or for water unpolluted with sewage only, and may construct at the cost of the Board an entirely distinct drain either for water unpolluted with sewage or for sewage.
- (2) No sewer may be closed, discontinued or destroyed by the authorised authority under clauses
- (a) and
- (b) of sub-section
- (1) except on condition of his providing another sewer as effectual for the premises and communicating with a Board's sewer or other place aforesaid and the expense of the construction of any sewer so provided by the authorised authority and of any work done shall be paid by the Board.
Chapter VI WATER SUPPLY AND SEWERAGE
59. Control over house sewers, privies and cess-pools
- (1) All house-sewers whdher within or without the premises to which they belong, and all septic tanks, cess-pools within the Madras Metropolitan Area shall be under the control of the Board, but shall be altered, repaired and kept in proper order, at the expense of the owner of the premises to which the same belong or for the use of which they were constructed.
- (2) Where the owner or occupier has failed lo pay any tax, rate or charge for sewerage or to pay any sums due under sub-section
- (5) of section 47, or under section 56 or 57, the authorised authority may, after giving written n~tice of fifteen days to such owner or occupier, disconnect any sewer so as not to permit such sewer to empty into the Board's sewer.
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60. Closure, removal, etc., of works in certain cases
- (1) If any house-sewer, ventilation shaft or pipe, cess-pool, house-gully, privy, urinal or bathing or washing place in any premises is found on examination and inspec- tion by the authorised authority to be not in good order or condition, or constructed in contravention of any of the provisions of this Act or any regulation or instrument made thereunder, the authorised authority may by written notice require the owner of the premises-
- (a) to close or remove the same or any encroach- ment thereupon; or
- (b) to renew, repair, cover, recover, trap, ventilate, pave and pitch, flush or cleanse or take such other action as it may think necessary in this regard.
- (2) In any such case, the authorised authority may, forthwith and without notice,-
- (a) close or demolish any house-sewer by which sewage, offensive matter or polluted water is carried through, from, into, or upon any premises in contravention of any of the provisions of this Act or any regulation or instrument made thereunder; or
- (b) clear, cleanse, or open out any house-sewer which is choked, blocked or in any way obstructed, and all expenses incurred in so doing shall be paid by the owner or the occupier of the premises.
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61. Sewers, etc., to conform to regulations
- (1) Sewers, septic tanks, cess-pools, privies and urinals and all appurtenances thereof shall be constructed, maintained, repaired, altered and regulated in accordance with such requirements as to sewerage as may be prescribed.
- (2) No owner or occupier shall allow the water of any sink, drain or latrine or drainage from any stable, or place, or any other filth to run down on, or to or be put upon, any street, or into any sewer in or along side of any street except in such a manner as shall prevent any avoidable nuisance from any such filth soaking into the walls or ground at the side of the said sewer.
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62. Obligations of owner and occupier
- (1) When under the provisions of this Act, the owner of any premises may be required to carry out any work, the occupier of the said premises may be required, instead, to carry out such work and the occupier shall be bound to comply with the requirement: Provided that except in the case of a special agreement to the contrary, such occupier may deduct the amount of the expenses reasonably incurred or paid by him in carrying out such work from the rent or any other amount payable by him to the owner or may recover the same from the owner by moving the court of competent jurisdiction.
- (2) The owner and occupier of the premises shall be jointly and severally liable for payment of all the sums referred to in sections 44, 45, 46, 47, 48, 49, 56 and 57.
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63. Board's power to carry pipes, sewers, and to maintain works
The Board or the authorised authority may carry any pipe, main, sewer or channel of any kind to establish or maintain any system of water supply or sewerage, through, across, under, over or up the side of any land or building, and may place and maintain contrivances to support pipes, mains, sewers and channels, and may do all acts necessary or expedient for repairing or maintaining any such pipe, main, sewer or channel or contrivances in an effective manner for the purpose for which it is intended to be used or for removing the same: Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person: Provided further that the Board shall pay compensation to any person who sustains damage by the exercise of such power.
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64. Works beyond the Madras Metropolitan Area
- (1) The Board may, in the execution and for the purposes of any works beyond the limits of the Madras Metropolitan Area, exercise all the power which it may exercise within that area throughout the line of territory through which conduits, channels, pipes, works and the like run or are situated, and over any lake, reservoir or other source from which a supply of water for the use of that area is derived, and over all lands at a distance not exceeding one kilometre beyond the high water level of any such lake or reservoir, and over any lands used for sewage farms, sewage disposal tanks, filters and other works connected with the sewerage of that area.
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65. Vesting of materials in pipes, sewers, etc., and Board's power to dispose of same
All things or materials in, or caused to be carried into or by, the Board's mains, pipes, or sewers, as the case may be, shall be the property of the Board and it shall be lawful for the Board to treat or reclaim such things or materials and to put to use or dispose off, the same, as so treated or reclaimed or otherwise, in such manner as it may deem fit.
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66. Power to carryout works, remove encroachments, sell unclaimed materials, etc
- (1) It shall be lawful for the Board-
- (i) to carry out any work required to be carried out under this Act or any regulation or other instrument made thereunder, which the owner or occupier or other person responsible therefor has failed to carry out and recover the cost and expenses therefor from the owner or occupier;
- (ii) to remove any material, construction, obstruc- tion or encroachment which is deposited or made in con- travention of any provision of this Act or any regulation or other instrument made thereunder;
- (iii) to clear materials, trees, shrubs, plants and other things which have been taken down or cut pursuant to any provision of this Act or any regulation or other instrument made thereunder;
- (iv) to treat any unauthorised encroachment on Board's land as encroachment on Government land and have, such encroachment removed, and any person causing the encroachment evicted under the Tamil Nadu Land Encroachments Act, 1905 (Tamil Nadu Act III of 1905) and the provisions of the said Act shall apply to encroach- ment in Board's land as they apply to encroachment in Government land.
- (2) The authorised authority may sell any material or other thing removed, taken down or cut as aforesaid, and after first applying the proceeds in or towards payment of the expenses incurred, pay the surplus accruing from such sale to the owner or other person entitled thereto on demand made within twelve months from the date of sale, provided that, if no such demand is made, such surplus shall be forfeited to the Board.
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67. Power to enter upon land, etc., and to place and maintain mains, etc
- (1) For the purposes referred to in sub-section
- (2) , it shall be lawful for the authorised authority with or without assistants and workmen,-
- (a) to enter into or upon any land or building, or to take level of any land or to obtain access to or to execute any work;
- (b) to enter any land for depositing thereon any soil, gravel stone or other materials connected with any work authorised by or under this Act;
- (c) to enter upon any immovable property and to place and maintain mains, pipes, sewers and other installations upon, along, across or under any such pro- perty;
- (d) to enter into any place and to open or cause to be opened any door, gate or other barrier if such opening is considered necessary by the authorised authority, or if the consent of the owner or occupier is refused or if the owner or occupier is absent;
- (e) to dig or bore into the sub-soil;
- (f) to take levels and make boundaries, by placing marks and cutting trenches;
- (g) to cut down and clear away any part of any standing crop, fence or plant; and
- (h) to issue orders for temporarily closing to traffic any street in order to carry out any repair or work conn- ected with water supply or sewerage.
- (2) The purposes relevant for any action under sub- section
- (1) are-
- (a) carrying out any survey or inspection under the provisions of this Act;
- (b) examining, repairing, altering or removing main pipes, sewers and other installations;
- (c) constructing or executing any work authorised by or under this Act;
- (d) ascertaining whether there has been any contravention of any provisions of this Act or any regula- tions or instrument made thereunder;
- (e) making any inquiry, inspection, examination, measurement valuation or survey authorised or required by or under this Act, or necessary for the proper adminis- tration of this Act; or
- (f) generally for discharging efficiently the func- tions entrusted to the Board under this Act.
- (3) The Board shall not acquire any title to, or any right other than user, to the land, building or immovable property (other than property belonging to the Board) in respect of which any action has been taken under this section, and before commencing any action under this section, the authorised authority shall, except in the case of an emergency, give not less than twenty-four hours notice in writing of its intention to do so to the owner or occupier: Provided that the authorised authority, shall, except in the case of an emergency, obtain the prior permission of the authority concerned where the land, building, or immovable property is owned by and is in the possession of such authority.
- (4) While exercising any power conferred under this section the authorised authority shall cause as little damage as possible to any property and the Board shall pay compensation to all persons interested in any such property for any damage sustained by them in consequence of the exercise of such power.
Chapter VI WATER SUPPLY AND SEWERAGE
68. Works to be done by licensed plumber
- (1) Except as otherwise permitted by the Board, no person other than a licensed plumber shall execute any work under this Act and no person shall permit any such work to be executed except by a licensed plumber.
- (2) The Board shall prescribe the manner, the principles and procedure for licensing of plumbers, the charges to be levied for any work done by them, the guidelines to be followed by them, the cancellation of licences and for all matters connected with plumbing.
Chapter VI WATER SUPPLY AND SEWERAGE
69. Prohibition of certain acts
No person shall-
- (a) obstruct any person including any contractor, contractor's workman and any agent of the Board, in the discharge of the duties imposed by or under this Act ;
- (b) obstruct, impede, impair or tamper or interfere or cause any damage or injury to or with any water-works or sewerage works or any meter, apparatus or appliance, including the flow of any water or sewage ;
- (c) take or utilise any water except as authorised by or under this Act ;
- (d) occupy or cause or permit to be occupied, any dwelling house or premises not provided with or having no access to adequate supply of wholesome water ;
- (e) occupy, or cause or permit to be occupied, any building or premises not having sufficient means of sewerage ;
- (f) discharge any sewage except as authorised by or under this Act ;
- (g) pull up or remove any pillar, post or stake or mark placed under the authority of the Board ;
- (h) tresspass or enter on land vested in the Board along which a conduit, main or pipe runs, and on any premises connected with water supply and sewerage except with the permission of the authorised authority ;
- (i) erect or place any fence or building or other structure over any pipes or mains belonging to the Board or under, in or across any sewer belonging to the Board.
PDF: pending for this language.