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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Water Supply & Drainage and Sewage Disposal
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181. Definitions. - In this
Chapter, unless the context otherwise requires, the following words
and expressions in relation to water supply shall have. the respective
meanings given below namely :-
{1) "communication pipe" means :-
(a) where the premises supplied with water abut on the
part of the street in which the main is laid, and the service pipe
enters those premises otherwise than through the outer wall of a
building abutting on the
street and has a stopcock placed in those premises and as near to'
the boundary of that street as is reasonably practicable, so much
of the service pipe as lies between the main and that stopcock;
(b) in any other case, so much of the service pipe as lies between
the main and the boundary of the street in which the main is laid,
and includes the ferrule at the junction of the service pipe with
the main, and also -
{i) where the communication pipe ends at a stopcock,
that stopcock; and
(ii) any stopcock fitted on the communication pipe between the
end thereof and the main;
{2) "main" means a pipe laid by the Corporation for the purpose giving
a general supply of water as distinct from a supply to individual
consumers and includes any apparatus used in connection with such
a pipe;
{3) "service pipe" means so much of any pipe for supplying water from
a main to any premises as is subject to water pressure from that main,
or would be so subject but for the closing of some tap'
{4) "supply pipe" means so much of any service pipe as is not a communication
pipe;
{5) "trunk main" means a main constructed for the purpose of conveying
water from a source of supply to a filter or reservoir or from one
filter or reservoir to another filter or reservoir, or for the purpose
of conveying water in bulk from one part of the limits of supply to
another part of those limits. or for the purpose of giving or taking
a supply of water in bulk;
(6) "water fitting" includes pipes {other than mains}, taps, cocks,
vanes, ferrules, meters, cisterns, baths and other similar apparatus
used in connection with the supply and use of water.
182. Power to require Corporation to carry
out surveys and formulate proposals. - The Government may
require the Corporation to (a) carry out a survey of the existing
consumption of and demand for water supplies in the City and of the
water resources in or available for the City;
(b) prepare an estimate of the future water supply requirements of
the City;
(c) carry out a survey of the existing quantity of sewage disposed
of and the manner in which it is disposed of;
(d) formulate proposals as to :
i) the existing or future water supply requirements of
the City;
(ii) the existing or future sewage disposal requirements in the
city including proposals for the manner in which and the place or
places at which such sewage should be carried, treated and disposed
of.
183. Power to construct additional works.
- If the Corporation is of opinion that the works and other properties
for the time being vested in it for the purpose of water supply, drainage
and sewage disposal are inadequate for the purpose of sufficient supply
of water or for the purpose of proper drainage and efficient disposal
of sewage under this Act, it may take steps in accordance with the
provisions of this Act for the construction of additional works, whether
within or without the local limits of the Corporation and for
the acquisition of additional properties for such works.
184. Functions in relation to water supply.
-(1) It shall be the duty of the Corporation to take steps from
time to time-
(a) for ascertaining the sufficiency and wholesomeness
of water supplies within the City;
(b) for providing a supply of wholesome water in pipes to every
part of[ the City in which there are houses, for the domestic purposes
of the occupants thereof, and for taking the pipes affording that
supply such point or points as will enable the houses to be connected
there- to at a reasonable cost, so however, that this clause shall
not require the Corporation to do anything which is not practicable
at a reasonable cost or to provide such supply to any part of the
City,, where such a supply is already available at such point or
points aforesaid;
(c) for providing, as far as possible, a supply of wholesome water
other. wise than in pipes to every part of the City in which there
are houses, for the domestic purposes of the occupants thereof and
which it is not practicable to provide a supply in pipes at a reasonable
cost, and in which danger to health arises from the in. sufficiency
or unwholesomeness of the existing supply and a public
supply is required and can be provided at a reasonable cost, and
for securing that such supply is available within a reasonable distance
of every house in that part.
(2) If any question arises under clause (b) of sub-section ( 1 ) as
to whether anything is or is not practicable at a reasonable cost
or as to the point 01 points, to which pipes must be taken in order
to enable houses to be connected to them at a reasonable cost, or
under clause (c) thereof as so to whether a public supply can be provided
at a reasonable cost the Corporation shall determine that question
and thereupon the Commissioner shall give effect to that determination.
185. Supply of water to connected premises.
- (1) The Commissioner may, on application by the owner of any
building, arrange for 'supplying water from the nearest main to such
building for domestic purposes in such quantities as he deems reasonable,
and may at any time limit the amount of water to be supplied whenever
he considers necessary.
{2) No additional charge shall be payable in respect of such supply
in any Corporation in which a water tax is levied, but for water supplied
in excess of the quantity to which such supply is under sub-section
(1) limited, and in any other Corporation for all water supplied under
this section payment shall be made at such rate as may be fixed by
the Government.
Explanation.-A supply of water for domestic purpose shall not be
deemed to include a supply-
{a)for animals or for washing vehicles where such animals
or vehicles · are kept for sale or hire:
(b) for any trade, manufacture or business;
(c) for fountains, swimming baths, or for ,any ornamental or mechanical
purpose;
(d) for gardens or for purposes of irrigation:
(e) for watering roads and paths;
(/) for building purposes.
186. Power to supply water for non-domestic
purposes.-(1) The Commissioner may supply water for any
purpose other than a domestic purpose on such terms and conditions
consistent with this Act and the bye-laws made thereunder as may be
laid down in this behalf by the Corporation on receiving a written
application specifying the purpose for which the supply is required
and the quantity likely 'to be consumed.
{2) The Commissioner may withdraw such supply at any time if it should
appear necessary to do so in order to maintain a sufficient supply
of water for domestic purposes.
187. Making connections with municipal water
works. -(1) Where an application under section 185 or section
186 has been received, all necessary communication pipes and fitting
shall be supplied by the Corporation and the work of laying and applying
such communication pipes and fittings shall be executed by Corporation
agency under the orders of the Commissioner; but the cost of
making any such connection and of all communication pipes and fitting
so supplied and of all works so executed, shall be paid by the owner
or the person making such application. The Corporation may either
provide a meter and charge rent for the same or may requite the owner
or applicant to provide a meter of such size, material and description
as it shall approve.
{2) Notwithstanding anything in sub-section ( 1 ), the Commissioner
may require any owner or person applying for a supply of water to
provide all communication pipes and fittings and to carry out at his
own cost under his supervision and inspection all the work of laying
and applying such communication pipes and fitting.
188. Obligation of owner or occupier to give
notice of waste of water:-Any owner or occupier of any
building or land. in or on which water supplied under this Act is
misused from negligence or other circumstances under his control,
or used without permission in excess of the quantity fixed under section
185 or section 1 86, or in which the pipes, mains or other works are
out of repair to such an extent as to cause waste of water, shall,
if he has knowledge thereof, be bound to give notice of the same to
such officer as the Corporation may appoint in this behalf.
189. Cutting of supply to premises.
- If any person whose premises are supplied with water, neglects
to pay the water-tax or any sum payable, under section 185 or section
186 when due, or to give notice as provided in the last preceding
section or will fully or negligently misuses or causes waste of water,
the corporation may cut off the supply of water from the said premises.
190. New premises not to be occupied without
arrangement for water supply. - It shall not be lawful
for the owner of any premises which may be newly constructed or reconstructed
within any portion of the City, in respect of which the Commissioner
has given public notice under clause {b) of sub-section ( 1 ) of section
92 to occupy it or cause or permit it to be occupied until he has
obtained a certificate from the Commissioner that there is provided
within, or within a reasonable distance of, the premises such supply
of
wholesome water as appears to the Commissioner to be adequate for
the person who may occupy, or be employed in such premises for their
domestic purposes.
191. Public gratuitous water supply.
- ( 1 ) The Commissioner, with the approval of the Corporation,
may provide gratuitous supply of wholesome water to the public within
the City and may, for that purpose, erect public hydrants or other
conveniences.
(1) The Commissioner, may, with like approval, close a public hydrant
or other convenience when it is no longer required for the supply
of wholesome water to the public.
192. Power to lay mains. -(1)
The Commissioner may lay a main whether Within or Without the local
limits of the Corporation-
(a) in any street; and
(b) with the consent of every owner and occupier of any land not
forming part of a street, in, over or on that land, and may. from
time. inspect, repair, alter or renew or may at any time remove
any main so laid whether by virtue of this section or otherwise:
Provided that where a consent required for the purpose of this sub-section
is withheld, the Commissioner may, after giving the owner or occupier
of the land a written notice of his intention so to do, lay the
main in, over or on that land even without such consent.
(2) Where the Commissioner, in exercise of the powers under this section
lays a main in, over or on any land not forming part of a street or
inspects, repairs, alters, renews or removes a main so laid down in,
over or on any such land, he shall pay compensation to every person
interested in that land for any damage done to, or injurious affection
of that land by reasons of the inspection, laying, repair, alteration,
renewal or removal of the main.
193. Power to lay service pipes etc.
- (1) The Commissioner may, in any street, whether within or without
the local limits of the Corporation, lay such service pipes with such
stopcocks and other water fitting as he may deem necessary for supplying
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 a street
whether by virtue of this section or otherwise.
(2) Where a service pipe has been lawfully laid In, over or on the
land not forming part of a street, the Commissioner may 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.
194. Provision of fire hydrants. -
( 1 ) The Commissioner shall fix hydrants on water mains {other than
trunk mains) at such places as may be most convenient for affording
supply of water for extinguishing any fire which may break out and
shall keep in good order and from time to time renew every such hydrant.
(2) To denote the situation of every hydrant placed under this section,
letters, marks or figures shah be displayed prominently on some wall,
building or other structure near such hydrant.
{3) As soon as any such hydrant is completed, the Commissioner shall
deposit a key thereof at each place where a public fire engine is
kept and in such other places as .he deems necessary.
(4) The Commissioner may, at the request and expense of the owner
or occupier of any factory, workshop, trade premises or place of business,
situated in or near a street in which a pipe is laid {and not being
a trunk main and being of sufficient dimensions to carry a hydrant),
fix on the pipe and keep in good order and from time to 'time to renew
one or more fire hydrants, to be used only for extinguishing fires
as near as conveniently may be to that factory, workshop, trade, premises
or place of business.
{5) The Commissioner shall allow all persons to take water for extinguishing
fires from any pipe on which a hydrant is fixed without any payment.
195. Power of Corporation to require owners
of premises to set up pumps, etc, -The owner of every premises
connected with the municipal water works shall, when so required by
the Commissioner, set up electric pumps or other contrivances whereby
water may be caused to reach to the top of the topmost storey of such
premises.
196. Power to enter premises to detect waste
or misuse of water. – The Commissioner or any Corporation
officer authorised by the Commissioner in writing may, between sunrise
and sunset; enter any premises supplied with water by the Corporation
in order to examine if there be any waste or misuse of such water
and the Commissioner or such officer shall not be refused admittance
to the premises nor shall be obstructed by any person in making his
examination.
197. Power to test water fittings.
- The Commissioner may test any water fitting used in connection
with water supplied by the Corporation.
198. Power to close or restrict use of water
from polluted source of supply. - (1) If the Commissioner
is of opinion that the water in or obtained from any well, tank or
other source of supply not vested in the Corporation, being water
which is or is likely to be used for domestic purposes, or for the
preparation of food or drink for human consumption, or is likely to
become so polluted as to be prejudicial to health the Commissioner
may after giving the owner or occupier of the premises in which the
source of supply is situated a reasonable opportunity of being
heard, by order, direct that the source of supply be permanently or
temporarily closed or cut off or the water therefrom be used for certain
purposes only or make such order as appears to him necessary to prevent
injury or danger to the health of persons using the water or consuming
food or drink prepared therewith or therefrom.
(2) Before making any order under this section, the Commissioner may
cause the water to be analysed at the cost of the Corporation.
(3) If the person to whom an order is made under this section fails
to comply therewith, the Commissioner may do whatever may be necessary
for giving effect to the order, and any expenses reasonably incurred
by him in so doing may be recovered by him from the person in default
as an arrear of tax under this Act.
199. Water pipes etc., not to be placed where
water will be polluted. - ( 1 ) No water pipes shah be
laid in a drain or on the surface of an open channel or house gully
or within six meters or a cesspool or in any position where the pipe
is likely to be injured or the water therein polluted: and no well
or tank and except with the consent of the Commissioner, no cistern
shall be constructed within six meters of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within six
meters of any well, tank, water pipe or cistern or in any position
where the pipe, well, tank or cistern is likely to be injured or the
water therein polluted.
200. Joint and several liability of owners
and occupiers for offence in relation to water supply. -
If any offence relating to water supply is committed under this Act
on any premises connected with the municipal water works, the owner,
the person primarily liable for the payment of the water tax, and
the occupiers of the said premises shall be jointly and severely liable
for such offence.
·201. Public drains etc. to vest in
Corporation. - (1) All public drains, all drains in, alongside
or under any public street, and all sewage disposal works whether
constructed out of the Corporation Fund or otherwise, and all works,
material and things appertaining thereto, Which are situated in the
City shall vest in the Corporation.
(2) All public and other drains which are vested in the Corporation
are hereafter in this Act referred to as municipal drains.
(3) For the purposes of enlarging, deepening or otherwise repairing
or maintaining any such drain or sewage disposal work so much of the
sub-soft' disposal work so much of the sub-soft appertaining thereto
as may be necessary for the said purposes shall be deemed also to
vest in the Corporation.
(4) All drains and ventilation-shafts, pipes and all appliances and
fittings connected with the drainage works constructed, erected or
set up out of the Corporation Fund in or upon premises not belonging
to the Corporation, whether-
(a) before or after the commencement of this Act, and
(b) for the use of the owner or occupier of such premises or not,
shall unless the Corporation has otherwise determined, or does at
any time otherwise determine, vest and be deemed always to have
vested in the Corporation.
202, Control of drains and sewage disposal
works. - (1) All municipal drains all sewage disposal works
and works, materials and things appertaining thereto shall be under
the control of the Commissioner.
{2) The Commissioner shall maintain and keep in repair all municipal
drains and sewage disposal works and when authorised by the Corporation
in this behalf, shall construct as many new drains and sewage disposal
works as may from time to time be necessary for effectual drainage
and sewage disposal.
203. Certain matters not to be passed into
municipal drains. - (1) No person shall throw, empty, return
into any municipal drain or into any drain communicating with a municipal
drain
(a) any matter likely to injure the drain or to interfere
with the free flow of its contents, or to affect prejudicially the
treatment and disposal of its contents; or
(b) any chemical, refuse or waste steam, or any liquid of a temperature
higher than forty-five degrees centigrade being refuse or steam
which or a liquid which when so heated, is either alone or in combination
with the contents of the drain, dangerous or the cause of a nuisance,
or prejudicial to health; or
(c) any dangerous petroleum.
(2) In this section, the expression "dangerous petroleum" has the
same meaning as in the Petroleum Act, 1934.
204. Application by owners and occupiers
to drain into municipal drains. - (1) Subject to such conditions
as may be prescribed by bye-laws made in this behalf, the owner or
occupier of any premises having a private drain, or the owner
of any private drain within the City may apply to the Commissioner
to have his drain made to communicate with the municipal drains and
thereby to discharge foul water and surface water from those premises
or that private drain:
Provided that noting in this sub-section shall entitle any person
to discharge directly or indirectly into any municipal drain
(i) any trade effluent from any trade premises,
except in accordance with bye- laws made in this behalf; or
(ii) any liquid or other matter the discharge of which into municipal
drains is prohibited by or under this Act or any other law; or
(b) where separate municipal drains are provided for foul water and
for surface water, to discharge directly or indirectly-
(i) foul water into a drain provided for surface water;
or
(ii) except with the permission of the Commissioner, surface water
into drain provided for foul water; or
(c) to have his drains made to communicate directly with a storm-water
overflow drain.
(2) Any person desirous of availing himself of the provisions of sub-section
(1) shall give to the Commissioner notice of his proposals, and at
any time within one month after receipt there of the Commissioner
may by notice to him refuse to permit the communication to be made,
flit appears to him that the mode of construction or condition of
the drain is such that the making of the communication would be prejudicial
to the drainage system, and for the purpose of examining the mode
of construction and condition of the drain he may, if necessary, require
it to be laid open for inspection.
(3) The Commissioner may. if he thinks fit, construct such part of
the work necessary for having a private drain made to communicate
with a municipal drain as is in or under a public street and in such
a case. the expenses incurred by the .Commissioner shall be paid by
the owner or occupier of the premises, or as the case may be, the
owner of the private drain and shall be recoverable from the owner
or occupier as an arrear of tax under this Act.
205. Drainage of un drained premises.
_ (1) Where any premises are in the opinion of the Commissioner,
without sufficient means of effectual drainage and a municipal drain
or some place approved by the Commissioner for the discharge of fifth
and other polluted and obnoxious matter is situated at a distance
of not exceeding thirty metres from any part of the said premises,
he may, by written notice, require the owner of the said premises-
(a) to make a drain emptying into such municipal drain
or place;
(b) to provide and set up all such appliances and fittings as may
appear to the Commissioner necessary for the purpose of gathering
and receiving the filth and other polluted and obnoxious matter
from, and conveying the same off, the said premises and of effectually
flushing such drain and every fixture connected therewith;
(c) to remove any existing drain or other appliance or thing used
or intended to be used for drainage which is injurious to health;
(d) to provide a close drain in substitution of an open drain or
to provide such other appliance or thing either newly or in substitution
of any existing appliance or thing or to provide both a closed drain
and
such other appliance or thing in substitution of the existing open
drain and other appliance or thing, which is or is likely to be
injurious to health;
(e) to provide a set up all such appliances and fittings as
may appear to the Commissioner to be necessary for the purpose of
gathering and receiving the waste water from floors and galleries
of buildings when
they are washed and conveying the same through spouts, by down take
pipes so as to prevent such waste water from discharging directly
on streets or inside any lower portion of the premises;
(f) to carry out any work to improve or re-model an existing drain
which is inadequate, insufficient or faulty.
(2) Where in any case not provided for in sub-section (1) any premises
are in the opinion of the Commissioner, without sufficient means of
effectual drainage he may, by written notice, require the owner of
the premises
(a) to construct a drain upto a point to be prescribed
in such notice but not at a distance of more than thirty metres
from any part of the premises; or
(b)to construct a close cesspool or soakage pit and drain or drains
emptying into such cesspool or soakage pit.
(3) Any requisition for the construction of any drain under sub-section
(2) may contain any of the details specified in sub-section (1).
206. New premises not to be erected without
drainage. - It shall not be lawful to erect or to re-erect
any premises in the City or to occupy any such premises unless-
(a) a drain be constructed of such size, materials, and
descriptions at such level and with such fall as shall appear to
the Commissioner to be necessary for the effectual drainage of such
premises;
(b) there have been provided and set up on such premises, such appliances
and fittings as may appear to the Commissioner to be necessary for
the purposes of gathering or receiving the filth and other polluted
and obnoxious matter from, and conveying the same off, the said
premises and of effectually flushing the drain of the said premises
and every fixture connected therewith.
{2) The drain so constructed shall empty into a municipal drain situated
at a distance of not exceeding thirty metres from the premises; but
if no municipal drain is situated within that distance then such drain
shall empty into a cesspool situated within that distance to be specified
by the Commissioner for the purpose.
207. Power to drain group or block of premises
by combined operation. –
(1) If it appears to the Commissioner that any group or block of premises
may be drained more economically or advantageously in combination
than separately, and a municipal drain of sufficient size already
exists or is about to be constructed within thirty metres of any part
of that group or block of premises, the Commissioner may cause
that group or block of premises to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section
( 1 ) in respect of 'any group or block of premises shall be paid
by the owners of such premises in such proportion as the Commissioner
may determine and shall be recoverable from them as an arrear of tax
under this Act.
(3) Not less than fifteen days before any such work is commenced,
the Commissioner shall give to each such owner-
(a) written notice of the nature of the proposed work,
and
(b) an estimate of the expenses to be incurred in respect thereof
and of the proportion of such expenses payable by him.
(4) The Commissioner may require the owners of such group or block
of premises to maintain the work executed under this section
208. Power of Commissioner to close or limit
the use of private drain in certain cases. - Where a drain
connecting any premises with a municipal drain is sufficient for the
effectual drainage of such premises and is other- wise unobjectionable
but is not in the opinion of the Commissioner, adapted to the general
system of drainage in the City, he may, by written notice addressed
to the owner of the premises, direct
(a) that such drain be closed, discontinued or destroyed
and that any work necessary for that purpose be done; or
(b) that such drain shall, from such date as may be specified
in the notice in this behalf, be used for filth and polluted water
only Or for rain water and unpolluted sub-oil water only:
Provided that-
{1) no drain may be closed, discontinued or destroyed by the Commissioner
under clause (a) except on condition of his providing another drain
equally effectual for the drainage of the premises and communicating
with any municipal drain which he thinks fit; and
{il) The expenses of the construction of any drain so provided by
the Corporation and of any work done under clause (a) may be paid
out of the Corporation Fund.
209. Use of drain by a person other than
owner. - ( 1 ) Where the Commissioner either on receipt
of an application from the owner of any premises or otherwise is of
opinion that the only or the most convenient means of effectual drainage
of the premises into a municipal drain is through a drain belonging
to another person, the Commissioner may, by notice in writing, require
the owner of such drain to show cause within a period specified in
the notice as to why an order under this section should not be made.
{2) Where no cause is shown within the specified period or the cause
shown appears to the Commissioner invalid or insufficient, the Commissioner
may, by order in writing, either authorise the owner of the premises
to use the drain or declare him to be joint owner thereof,
(3) An order made under sub-section (2) may contain directions as
to
(a) the payment of rent or compensation by the owner of
the premises;
{b) the construction a drain for the premises for the purpose
of connecting with the aforesaid drain;
(c) the entry upon the land in which the aforesaid drain is
situated with
assistants and workmen at all reasonable hours; and
(d)the respective responsibilities of the parties for maintaining,
repairing, flushing, cleaning and emptying the aforesaid drain.
210. Sewage and rain water drains to be distinct.
- Whenever it is provided in this Chapter that steps shall or
may be taken for the effectual drainage of any premises, it shall
be competent for the Commissioner to require that there shall be one
drain for filth and polluted water and an entirely distinct drain
for rain water and unpolluted sub-soil water or both rain water and
unpolluted sub-soil water, each emptying into separate municipal drains
or other suitable places.
211. Powers of Commissioner to require owner to carry out certain
works for satisfactory drainage. - For the purpose of efficient
drainage of any premises, the Commissioner may by notice in writing-
(a) require any courtyard, alley or passage between two
or more buildings to be paved by the owner or owners of such buildings,
with such materials and in such manner as may be approved by the
Commissioner, and
(b) require such paving to be kept in proper repair.
212. Appointment of places for the emptying
of drains and disposal of sewage. -The Commissioner may
cause any or all of the municipal drains to empty into, and all sewage
to be disposed of at such place or places as he consider suitable:
Provided that no place which has been not before the commencement
of this Act used for any of the purposes specified in this section
shall after such commencement be used therefor without the approval
of the Corporation:
Provided further that on and after such date as may be appointed by
the Government in this behalf no sewage shall be discharged into any
water-course until it has been so treated as not to effect prejudicially
the purity and quality of the water into which it is discharged.
213. Connection with waterworks and drains
not to be made without permission. - Without the written
permission of Commissioner, no person shall for any purpose whatsoever,
at any time make or cause to be made any connection or communication
with any drain referred to in section 202 or any water-works, constructed
or maintained by, or vested in the Corporation.
214. Buildings, railways and private streets
not to be erected or constructed over drains or water-works without
permission. - (1) Without the written permission of the
Commissioner no railway or private street shall be constructed and
no building, wall, fence or other structure shall be erected on any
municipal drain or on any water-works constructed or maintained by,
or vested in, the Corporation.
(2) If any railway or private street be constructed or any building,
Wall, fence or structure erected on any drain or water works as aforesaid
without the written permission of the Commissioner, the Commissioner
may remove or otherwise deal with the same as he may think fit.
(3) The expenses incurred by the Commissioner in so doing shall be
paid by the owner of the private street or of the building, fence,
wall or other structure or, as the case may be, the railway administration
or the person offending and shall be recoverable as an arrear of tax
under this Act.
215. Rights of user of property for aqueducts,
lines etc. - ( 1 ) The Commissioner may place and maintain
aqueducts, conduits and lines of mains or pipes or drains over, under,
along or across any immovable property whether within or without the
local limits of the City, without acquiring the same, and may at any
time for the purpose of examining, repairing, altering or removing
any aqueducts, conduits or lives of mains or pipes, or drains, after
giving a reasonable notice of his intention so to do, enter on any
property over, under, along or across which the aqueducts, conduits
or lives of mains or pipes or drains have been placed:
Provided that the Corporation shall not acquire any right other than
a right of user in the property over, under, along or across which
any aqueduct, conduit or line of mains or pipes, or drain is placed.
{2) The powers conferred by sub-section (1) shah not be exercisable
in respect of any property vested in the Government or under the control,
or management of the Government or railway administration or vested
in any local authority save with the permission of the Government
or railway administration or the local authority as the case may be,
and in accordance with any bye-law made in this behalf:
Provided that the Commissioner may, without such permission, repair,
renew or amend any existing works of which the character or position
is not to be altered if such repair, renewal or amendment is urgently
necessary in order to maintain without interruption the supply of
water, drainage or disposal of sewage or is such that delay would
be dangerous to health, human life or property.
(3) In the exercise of the powers conferred upon him by this section,
the Commissioner shall cause as little damage and inconvenience as
may be possible, and shah make full compensation for any damage or
inconvenience caused by him.
·
216. Power of owner of premises to place
pipes and drains through land belonging to other persons,_(1
) If it appears to the Commissioner that the only or most convenient
means of water-supply to, and drainage of, any premises is by placing
or carrying any pipe or drain over, under, along or across the immovable
property of another person, the Commissioner may, by order in writing,
authorise the owner of the premises to place on carry such pipe or
drain over, under, along or across such immovable property:
Provided that before making any such order the Commissioner shall
give to the owner of the immovable property a reasonable opportunity
of showing cause within such time as may be prescribed by bye-laws
made in this behalf 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 or drain is placed or carried.
(2) Upon the making of an order under sub-section (1) the owner of
the premises may, after giving reasonable notice of his intention
so to do, enter upon the immovable property with assistants and workmen
at any time between sunrise and sunset for the purpose of placing
a pipe or drain over, under, along or across such immovable property
or for the purpose of repairing the same.
(3) In placing or carrying a pipe or drain under this section, as
little damage as possible shall be done to the immovable property
and the owner of the premises shall -
(a)cause the pipe or drain to be placed or carried with
the least practicable delay;
(b) fill in, reinstate and make at his own cost and with the least
practicable delay, any land opened, broken up or removed for the
purpose of placing or carrying such pipe or drain: 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 or drain.
{4) If the owner of the immovable property, over, under, along or
across which a pipe or drain has been placed or carried under this
section whilst such immovable property was not built upon desires
to erect any building on such property, the Commissioner shah by notice
in writing, require the owner of the premises to close, remove or
divert the pipe or drain in such manner as shall be approved by him
and to fill in, reinstate and make good the immovable property as
if the pipe or drain had 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 Commissioner it is necessary or expedient for the construction
of the proposed building or the safe enjoyment thereof that the pipe
or drain should be closed, removed or diverted.
217. Railway administration to be informed
in certain cases. - If the Corporation desires to place
or carry any pipe or drain or do any other work connected with the
water-supply or drainage across any railway line it shah inform the
railway administration who may execute the same at the cost of the
Corporation.
218. Power of commissioner to execute work
after giving notice to the person liable. - ( 1 ) When
under the provisions of this Chapter any person may be required or
is liable to execute any work, the Commissioner may, in accordance
with the provisions of this Act and of any bye.-laws made in this
behalf, cause such work to be executed after giving such person an
opportunity of executing the same within such time as may be specified
by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Commissioner
in the execution of any such work shall be payable by the said person
and the expenses incurred by the Commissioner in connection with the
maintenance of such work or the enjoyment of amenities and conveniences
rendered possible by such work shall be payable by the person or persons
enjoying such amenities and conveniences
(3) The expenses referred to in sub-section (2) shall be recoverable
from the person or persons liable thereof as an arrear of tax under
this Act.
219. Power of Commissioner to affix shafts
etc., for ventilation of drain or, cesspool. -For the purpose
of ventilating any drain or cesspool, whether vested in the
Corporation or not, the Commissioner may, in accordance with bye-laws
made in this behalf, erect upon any premises or affix to the outside
of any building or to any tree any such shaft or pipe as may appear
to him to be necessary.
220. Power of Commissioner to examine and
test drain etc., believed to be defective. - (1) Where
it appears to the Commissioner that there are reasonable grounds for
believing that a private drain or cesspool is in such condition as
to be prejudicial to health or a nuisance or that a private drain
communicating directly or indirectly with a municipal drain is so
defective as to admit sub-soil water; he may examine its condition
and for that purposes may apply any test other than a test by water
under pressure, and if he deems it necessary, open the ground.
(2) If on examination the drain or cesspool is found to be in proper
condition, the Commissioner shall as soon as possible reinstate any
ground which has been opened by him and make good any damage done
by him.
221. Employment of Government agencies for
repairs, etc. – The Government may, for reasons to be recorded,
direct that any specified work repair, renewal or replacement which
is to be undertaken by or for the Corporation under this Chapter,
shall be carried out on behalf of the Corporation by the Government
and the Corporation shall pay the charges therefor at the rates and
subject to the terms for the time being applicable in the case of
works constructed by the Government on behalf of a local authority.
222, Work to be done by licensed plumber.
- (1) No person other than a licensed plumber shall execute
any work described in this Chapter and no person shall permit any
such work to be executed except by a licensed plumber:
Provided that if, in the opinion of the Commissioner, the work is
of a trival nature, he may grant permission in writing for the
execution of such work by a person other than a licensed plumber.
(2) Every person who employees a licensed plumber to execute any work
shall, when so required, furnish to the Commissioner the name of such
plumber.
(3) When any work is executed except in accordance with the sub-section
( 1 ), such work shall be liable to be dismantled at the discretion
of the Commissioner without prejudice to the fight of the Corporation
to prosecute under this Act the person at whose instance such work
has been executed.
(4) The Corporation may make bye-laws for the guidance of licensed
plumbers and a copy of all such bye-laws shall be attached to every
licence granted to a plumber by the Corporation.
(5) The Corporation may, from time to time, prescribe the charges
to be paid to licensed plumbers for any work done by them under or
for any of the purposes of this Chapter.
(6) No licensed plumber shall, for any work referred to in sub-section
(5) demand or receive more than the charges prescribed therefor, under
that sub- section.
{7) The Corporation shall make bye-laws providing for -
(a) the exercise of adequate control on all licensed .plumbers;
(b) the inspection of all works carried out by them; and
(c) the hearing and disposal of complaints made by the owners or
occupiers of premises with regard to the quality of work done, material
used delay in execution of work, and the charges made, by a licensed
plumber.
{8)'No licensed plumber shall contravene any of the bye-laws made
under section or execute carelessly or negligently any work under
this Act or make use of bad materials, appliances or fittings.
{9) If any licensed plumber contravenes sub-section (8), his licence
may be suspended or cancelled whether he is prosecuted under this
Act or not,
223. Prohibition of certain acts.
- (1) No person shall –
(b) wilfully obstruct any person acting, under the authority
of the Corporation or the Commissioner, in setting out the lines
of any works or pull up or remove any pillar, post or stake fixed
in the ground for the purpose of setting out lines of such work,
or deface or destroy any works made for the. same purple; or
(c)unlawfully obstruct the flow of or flush draw off, or divert,
or take water from any water-works belonging to the Corporation
or ,any water course by which any such water work is supplied; or
(d)unlawfully obstruct the flow of, or flush, draw off, divert or
take sewage from any sewage work belonging to the Corporation or
break or damage any electrical transmission line maintained by the
Corporation; or
(e) Obstruct any officer or other employee of the Corporation in
the discharge of his duties under this Chapter or refuse or wilfully
neglect to furnish him with the means necessary for the making of
any
entry, inspection, examination or inquiry thereunder in relation
to any water or sewage work; or
(f) bathe in, at or upon any water work or wash or throw or
cause to enter therein any animal, or throw any rubbish, dirt, filth
into any water-work or wash or clean therein any cloth, wool or
leather or the skin of any animal, or cause the water of any sink
or drain or any steam-engine or boiler or any polluted water to
turn or be brought into any water-work, or do any other act whereby
the water in any water-work is fouled or likely to be fouled.
(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer
closing the stopcock fixed on the service pipe supplying water to
his premises so long as he has obtained the consent of any other consumer
whose Supply will be affected thereby. |
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