The ARUNACHAL PRADESH WATER SUPPLY ACT, 2015

22
THE ARUNACHAL PRADESH WATER SUPPLYACI, 2OI5
(ACT NO. 3 ()F 20r 7)
(Received the ossent of the Governor on l lth April, 2017 ond
published in the Arunochol Prodesh E.O Gozette
No.ll6 Vo.. XXIV doted 26th April, 2017)
fui
Act
to regulote woter supply including levy of reosonoble toriff on
consumption of piped woter supply in the Stote of Arunochol Prodesh
ond motters conneded therewith and incidental thereto;
BE it enocted by the Legislotive Assembly ofArunochol Prodesh in
the Sixty-sixth Yeor of the Republic of lndio os follows:-
Chopter - |
Preliminory
l. Short title ond commencement: (1) ThisAct moy be colled
the Arunochol Prodesh Woter Supply Act, 201 5.
(2) lt sholl extend to the whole ofArunochol Prodesh.
(3) lt sholl come into force on the dote of its publicotion in the
Officiol Gozette.
2. Delinitions: ln this, unless the context otherwise requires-
(o) 'Act meons the Arunochol Prodesh Woter SupplyAct,20l5.
(b) 'Assistont Enginee/ meons, on Assistont Engineer in
chorge of o Sub-division or equivolent ronk of the Public
Heolth Engineering ond Woter Supply Deportment.
(c) 'Chief Engineer' meons the Chief Engineer of Public
Heolth Engineering ond Woter Supply Deportment.
(d) 'Competent outhority meons ond includes Chief
Engineer, Public Heolth Engineering ond Woter Supply
Deportment or ony other officer like Superintending
Engineer, Executive Engineer, Assistont Engineer ond
Junior Engineer oI Public Heolth Engineerlng ond Woter
Supply Deportment outhorized by him in this beholf.
23
(e) 'Consumer' meons owner (s) or occupier (s) of ony
building or premises provided with woter connection either
by piped connection or by hond pump, tube well or well or
tonker by the Public Heolth Engineering ond Woter Supply
Deportment.
(0 ' Consumer of Woter' meons who uses the woter supplied
by the deportment.
(g) 'Consumers Moin' meons woter pipes which connect
Government Moin with consume/s premises ond includes
service pipe ond internol plumbing line of the consumer's
premises.
(h) 'Deportment' meons Public Heolth Engineering ond Woter
Supply Deportment, of the Government of Arunochol
Prodesh.
(i) ' Executive Engineer' meons the Executive Engineer in-
chorge ol o Division in Public Heolth Engineering ond Woter
Supply Deportment.
(j)'Fire Hydront' meons hydrontfixed on the woter moin other
thon the trunk moin for offording supply of woter for
extinguishing ony fire;
(k) 'Government' meqns the government of Arunochol
Prodesh.
(l) 'Government Moin' meons woter pipeline for the purpose
oI giving o generol supply of woter which includes ony
opporotus used in connedion with such o pipe ond which
is mointoined by the Government.
(m) 'Junior Engineer' meons o Junior Engineer of Public
Heolth Engineering ond Woter Supply Deportment in
chorge of o section.
(n) 'Locol Body' meons o City Corporotion, o Municipol
Council or o Villoge or Nogor Ponchoyat.
(o) ' Ownel , in relotion to ony premises, meons the person
who receives the rent of thot premises or who would be
entitled to receive the rent thereof if the premises were
let, ond includes,-
(i) on ogent or trustee who receives such rent on beholf
ol the owner;
(ii) on ogent or trustee who receives the rent of, or is
entrusted with the monogement of ony premises
devoted to religious or choritoble purposes;
(p)
(q)
(r)
(s)
(t)
24
(iii) o receiver or monoger oppointed by ony court of
competent iurisdiction to hove the chorge of, or to
exercise the rights ol on owner of soid premises;
ond
(iv) o mortgogee in possession.
' Premises' meons ony lond or building ond includes-
(i) the gorden, lond ond outhouses, if ony, oppertoining
to o building or port of building; ond
(ii) ony fitting offixed to o building or port of o building for
more beneficiol enjoyment thereof .
' Public Hydront'meons hydront meontfor supply ofwoter
to the public within o locol oreo;
' Ru les' meons ony rules mode under this AcU
'Superintending Engineer' meons Superintending
Engineer in chorge of o Public Heolth Engineering ond
Woter Supply Deportment Circle.
' Semi Urbon' meons other DiskictTowns, Sub-Divisionol
towns, Circle Heodquorters which ore not yet declored/
notified os Urbon Towns by the Government ofArunochol
Prodesh-
'Section' meons o section of the Act;
'Service Line' meons the portion of consumer moin
storting from the point where consumer moin joins the
Government moin upto the point in the consumer moin
where woter meter is instolled.
'Top' meons ony outlet or inlet instolled for extrocting
woter from consumer pipeline connected to Government
woter pipeline. Some of specific exomples of tops ore
bibcock, inlet to cistern, shower, stop cock, boll cock
fixed ot reservoir etc.
'Urbon' meons the Stote Copitol or District Towns
declored/notified os Urbon Towns by the Government of
Arunochol Prodesh.
' Woter Connection' includes-
(i) ony tonk, cistern, hydront, stond-pipe, meter or top
situoted on a,ny premises or property ond connected
with o moin or the distribution pipe; ond
(u)
(v)
(w)
(x)
(y)
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(ii) the woter pipe connecting such o tonk, cistern,
hydront stond pipe, meter or top with such moin or
distribution pipe;
(z) 'Woter Supply' meons o system of providing woter to o
community for meeting its requirements both domestic
ond non-domestic, but does not include providing woter
for inigotion purposes.
Chopter - ll
Provision of woter ond collection of toriff
3. (l) Provision of Woter: (o) The deportment sholl on on
opplicotion mode to it by the owner of ony premises or by the
occupierwith the consent in writing ofthe ownerthereof, gront
supply of woter for domestic purposes under this Act excepl
the following, nomely:-
(i) for ony trade, monufacture or business;
(ii) for gordens or for purposes of irrigotion;
(iii) for building purposes including construction ond wotering
of roads or streets;
(iv) for public both or tonks or for ony ornomentol or
mechonicol purpose5
(v) for onimols where they ore kept for sole or hire or for the
sole of thet produce or ony preporotion therefrom;
(b) No person sholl use or be ollowed to use woter supply for
ony purpose other thon domestic purpose except with
the previous opprovol of the competent outhority.
(c) No person sholl, without the permission of the competent
outhority moke or couse to be mode ony connection with
the Government moin pipeline.
(d) Notwithstonding onything contoined in ony other low for
the time being in force or ony deed executed under this
Act or rules mode thereunder, the Government or its
officers ond employees sholl not be lioble for ony domoge
or penolty for, discontinuing the supply of woter or foilure
to supply woter to ony person or to ony oreo if the couse
of such loilure is beyond the control ol the Government,
its oflicers ond employees.
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(2) Procedure for woter connection-
(l) Applicotion lor woter connection
(o) An opplicotion for woter supply connection from the
Government Moin sholl be mode in Form W/S - I by
duly filling in oll the requisite informotion sought
therein.
(b) Applicotion Forms con be hod during office hours
from the office of the Executive Engineer, Public
Heolth Engineering & Woter Supply Division, on
poyment of { l0 (rupees ten) only
(c) The duly filled up Applicotion Form should be
submitted olong with the Site plon in the office of the
Executive Engineer, Public Heolth Engineering &
Woter Supply Division showing lollowing detoils.
(i) All units, such os Kitchen, out house, etc (not
oltoched to the building) where woter is
proposed to be token.
(ii) All roods, footpoth ond droins to be crossed
by the consumer line.
(ll) Approvol for Woter Supply Connection:-
(o) After the receipt of the opplicotion, the Deportment
sholl prepore o Doto Sheet in Form W/S-ll ond moke
necessory corrections in site plon, verify doto ond
corry out other necessory scrutiny of the opplicotion.
(b) The CompetentAuthority shollthereolter opprove the
connection point, method of the connection,
connection fees to be poid by opplicont , woter tox
ond/ or woter chorges if he is sotisfied thot the doto
os sought-for in the Applicotion Form ond other
procedures hove been correctly obided ond met by
the opplicont.
(3) lntimotion to opplicont lor moking Poyment {or Water
Connection :- The opplicont sholl, thereofter, be informed through on
intimotion letter in duplicote in Form WS -lll indicoting omount of
connection fee ond other chorges os moy be opplicoble. The opplicont
sholl, thereofter, return the originol Form duly signed, olong with the
Bonk Receipt for the omount poid os cost ol the Form.
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(4) Gront of Permission:- Consequent upon poyment of the
required omount bythe opplicont under sub-clouse (b) ofclouse (ll) of
section 3, the competent outhority sholl issue o letter in Form WS-lV
permitting the connedion of consumer's moin from the Government moin
os per the procedures stipuloted under the provisions of the Act ond os
per the directions communicoted to the opplicont.
(5) Method of Loying of Consumer Pipelines:-
(o) The connection sholl be provided to the ground floor or
ony other floor below the ground floor of ony building. For
li{ting of woter to higher levels, the owner sholl moke his
own orrongement with prior opprovol of the competent
outhority.
(b) All pipes ond fittings including meters, pumps, tonks ond
occessories sholl be of opproved lndion Stondord lnstitute
specificotion.
(c) Pipe must be buried minimum one foot underground in oll
coses. They con be exposed obove ground, provided
underground conceoling is not possible for which the prior
opprovol of the deportment sholl be obtoined.
(d) All pipe loy outs should be in geometricol form ond should
present oesthetic look.
(e) Sizes of pipes ond tops in oll coses sholl be holf inch
( l5mm) in dio unless otherwise opproved by the
Deportment in writing.
({) No pipe sholl be loid odjocent to sewer lines or droins
unless the pipe is encosed inside Cement Concrete or
Reinforced Cement Concrete beom ond is opproved by
the Deportment.
(g) All the connections sholl be corried out by Licensed/
designoted Deportment plumbers only.
(6) Supply of Woter to Government Agencies, etc :
(i) Where the Deportment ogrees to supply bulk woter or ony
quontity of woter to Government ogencies, institutions, or
Defense orgonizotions, such Government ogencies,
institutions or defense orgonizotion shqll Iurnish oll the
relevont detoils os moy be sought by the deportment prior
to opprovol ond provide oll such informotion in monners
stipuloted under sub-section (2) ond ollotment of fund.
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(ii) ln cose the Deportment hos to mointoin the Woter Supply
of the obove mentioned consumer/porties, the
mointenonce cost ossessed by the Deportment sholl be
finol ond sholl be borne by the consumer/porties wherever
opplicoble.
(7) LicensedPlumbers:-
(i) The Superintending Engineel hoving iurisdiction over the
oreo, on recommendotion of Executive Engineers, sholl
oppoint the plumbers from omongst the existing Work
Chorged fitters or cosuol lobourers bosed on their
performonce, sincerity, bosic procticol knowledge in the
field of fitting ond fixing of pipes ond fixtures ond issue
license occordingly.
(ii) No person other thon o licensed plumber oppointed by
the competent outhority or person duly outhorized by it
sholl execute ony work reloting to o woter connection,
not being o work of o triviol noture ond no person sholl
permit ony such work to be executed by o person other
thon such o person.
(iii) No licensed plumber sholl controvene ony of the
specificotions or stondords reloting to execution of such
works provided in the Act or specified by the competent
outhority or execute such works using sub-stondord
moteriols, opplionces or f ittings.
(iv) Where ony such work is executed in controvention of sub-
clouses (ii) ond (iii), such connection is lioble to be refused
or disconnected.
(v) No licensed plumber sholl demond or receive ony exlro
chorge for ony such work in excess of the estimoted cost
opproved by the competent outhority ond the omount
deposited to the Executive Engineer.
(vi) lf ony licensed plumber executes ony such works in
controvention of provision of this section or regulotions,
his license sholl be suspended or concelled irrespective
of whether ony criminol proceeding is token ogoinst him
or not.
(vii) Comploint ogoinst ony licensed plumber to the competent
outhority, regording violotion of the provisions of this Act,
sholl be filed belore the Executive Engineer, within thirty
doys, from the dote of notice of the violotion.
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(viii) Executive Engineer sholl dispose of the compliont refened
to in sub-clouse (vii) within thirty doys from the dote of
receipt.
(ix) Any person oggrieved by the orders of the Executive
Engineer, under the foregoing sub-clouse moy oppeol to
the Superintending Engineer, hoving jurisdiction over the
oreo ond he sholl dispose of the oppeol ofter offording o
reosonoble opportunity of being heord to the person
concerned. His decision thereon sholl be finol.
(x) Whoever, being o licensed Plumber, controvenes sub
clouses (iii) ond (v) of sub-section (7) o{ section 3, sholl
be punishoble with imprisonment for o term which moy
extend to six months or with fine which moy extend to
five thousond rupees or with both.
(8) Provision of Public Hydronts:-
(i) The competent outhority sholl, subject to poyment by o
locol body or orgonizotion, union etc. of such chorges os
the outhority moy determine provide supply of wholesome
woter to the public of Urbon ond Semi-urbon oreos through
the public hydronts within its locol oreo.
(ii) The competent outhority moy, ot the request of the locol
body, orgonizotion, union, ossociotion etc. ond sholl, if
Government so directs, subiect to poyment of such
contribution towords its cost in such monner os moy be
prescribed, provide ond mointoin within the locoloreo public
hydronts together with oll incidentol works for supply of
woter ot such ploces os moy be considered necessory
by the locol bodies.
(iii) The locol body, orgonizotion, union or ossociotion sholl
poy to the competent outhority quorterly, such sum os
moy be fixed by the outhority, towords the cost of woter
supplied by it through the public hydronts within its locol
oreo on the bosis of expected consumption of woter ond
in occordonce with such rule os moy be prescribed.
(iv) The woter from ony public hydront sholl not be used for
ony non-domestic purpose.
(v) No externol instruments or pipes or hose or other devices
sholl be connected to ony public hydronts for toping woter.
(vi) No cleoning or woshing of ony onimol, vehicle, cloth,
utensil or ony other moteriols sholl be done under or neor
ony public hydront.
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(9) Provision of Fire Hydronts:-
(i) The competent outhority moy, ot the request ond expense
of the owner or occupier of ony foctory or ony shop or
commerciol estoblishment provide ond mointoin fire
hydronts, together with oll incidentol work for the supply
of woter in cose offire in such foctory shop or commerciol
estoblishment ond in ony such cose levy chorge from such
owner or occupier the cost of woter supply in connection
therewith.
(ii) The competent outhority sholl provide ond mointoin fire
hydronts together with oll incidentol works for the supply
of woter in cose of fire ot such other ploces os moy be
considered necessory by o joint committee of the officers
of the deportment ond the Fire Services Deportment of
the Government ond supply woter in connection therewith.
(iii) The competent outhority moy olso provide fire hydronts
in villoges provided fund is mode ovoiloble to the
deportment.
(10) Provision of Woter Meters:-
(i) The consumer, ot his own cost, sholl provide o woter meter
ot o convenient point of service pipe between the premises
ond Government moin ofter obtoining opprovol from the
competent outhority.
(ii) All meters, connections, pipes ond other works incidentol
to the supply ol woter to ony building or lond sholl be
supplied, repoired, extended ond oltered os moy be
necessory ot the expenses of the person requiring such
supply but sholl remoin under the control of the
Government.
(iii) Notwithstonding onyhing contoined in sub-clouse (i), the
competent outhority sholl hove the power to instoll its
own woter meters to ony connections wherever need orise
ond sholl recover the cost of woter meter from the
consumer.
(iv) Whenever woter is supplied under this Ad through o meter,
it sholl be presumed thot the quontity indicoted by the
meter hos been consumed, until the controry is proved.
ll
4. Collection ol Toriff ond Chorges :-
(l) The monthly woter bill sholl be prepored by the Executive
Engineer or ony other officer outhorized by him ond sholl
be served to the consumer within 7 (seven) doys.
(2) The monthly woter chorges sholl be poyoble in the office
of the Executive Engineer or ony other officer quthorized
by him within the stipuloted time, to be refleded in the bill
which will normolly not exceed 30 (thirty) doys from the
dote of issue of the bill.
(3) Simple interest ot the rote of l8% per onnum on totol
omount due for eoch month sholl be levied if not poid within
the stipuloted period.
(4) ln cose ony consumer is in defoult of poyment o{ woter
chorges for three consecutive months, the deportment
sholl serve o notice in Form-V with woter bill including
interest os stoted in sub-section (3) obove. The consumer
sholl cleor the bill within 15 doys from the dote of receipt
of the notice. lf no poyment is mode within I 5 doys os
stipuloted, the house connection sholl be lioble Ior
disconnection. ln the event of reconnection being given to
the defoulting consumer, the cost of reconnection os
estimoted by the deportment ond the connection fee of
t 500 olong with pending omount sholl hove to be poid by
the de{oulting consumer in odvonce. ln cose due to some
other reoson, the bill is not reoched to the consumer within
the stipuloted time, it will be the duty of the consumer to
enquire obout the missing bill from the office of the
Executive Engineer or the outhorized officer os the cose
moy be, ond collect o duplicote bill.
(5) The omount reolized towords woter supply chorges by
the Executive Engineer/Sub- Divisionol Officer, Public
Heolth Engineering ond Woter Supply Deportment or ony
other outhorized officer os the cose moy be, should be
deposited in the Treosury under oppropriote Heod of
Account within 7 (seven) doys from the dote of receipt
ond o monthly occount ond the some sholl be submitted
to Superintending Engineer/Chief Engineer of the
deportment.
(6)
(7t
(8)
(e)
00)
s.0)
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All poyments mode by the consumers towords woter
chorges for privote connection orfrom Government building
sholl be issued proper receipt by the deportment.
The woter bill sholl be collected from the consumers from
the dote of completion o, providing woter connection.
ln cose ofbreok in woter supplydue to repoiror construction
of the premises or due to chonge of tenonts, the liobility
of poyment sholl rest on the owner of the premises.
A revenue collection register sholl be mointoined for eoch
sectionol office of urbon ond Semi-urbon towns.
The Executive Engineer sholl cross-check this register
every month while depositing the revenue into the
Government exchequerfor proper mointenonce of records
ond regulor revenue collection."
(i) Rote of woter chorges:- The toble of the rotes of
woter chorges where woter meters ore not instolled
sholl be os lollows-
sl.
No
Type oI conneciion Revised
rotes to be
effective from
enforcement
of the Act.
Existing
Rote
ellective
since
01/06/2006
No. of
dwelling
unit
2 3 4 5
1. New Woter Supply
connection Chorge
2. Privote domestic consumer in
Urbon oreo
3. Privote domestic consumer in
Semiurbon towns/Administr-
otive HQs
{ 2000
{ 100
month
I 50 per
month
I -3 Bedroom
(per dwelling
unit)
4-5 Bedroom
(per dwelling
unit)
5 ond obove
(per dwelling
unit)
l-3 Bedroom
(per dwelling
unit)
4-5 Bedroom
(per dwelling
unit)
5 ond obove
(per dwelling
unit)
{ 3000
{ 150 per month
{ 300 per month
t 400 per month
{ 75 per month
t 150 per month
t 200 per month
per
I
ll
52 4
4- Commerciol rote:
A. (i) Luxury hotels (with lounge,
conference, restouronts)
(ii) Budget hotels
{ 50 per
month/ top
{ 50 per
month/ top
{ 200 per room/
monfl
t 100 per room/
month
{ 2000 per month
I I000 per month
{ 200 per room/
month
{ 200/per room/
monfr
continue < 50
per month/top
{ 5 per studenv
monfr
tl00 per shop/
month
{ I00 per month
{ 50 per/ top/monttr
{ I00 per month
< 200 per monfi
I 300 per montl
t 400 per month
{ 600 per month
{ 800 per month
I 1000 per month
a 10,000 per rpfltl
(iii) Restouronts
(o) With woshroom
(b) Without woshroom
{ 50 per
month/ top
{ 50 per
month/ top
t 50 per
month/ top
{ 50 per
month/ top
(iv) Teo stoll/eoteries
B. Privotehospitols/Nursinghomes
C. Privote institutions/ colleges/
schools.
(i) Boording { 50 per
month/top
(ii) Non-Boording
D. (i) Shopping complex 150 per
month/ top
(ii) Commerciol shops with occess 4 50 per
to deportmentol woter supply month/ top
5. Government lnstitutions/offices < 25 per
month / top
6. Stote/Centrol Government
employees residing in
Government Quorters
(i) OBTMIBT (Bochelor BonocUQtr)
(ai) Type-l Quoner { 50 per month
(iii) Type-llQuorter 4 75 per month
(iv) Type-lll Quorter I I00 per month
(v) Type-lv Quorter < 125 per month
(vi) Type-V Quorter < 150 per month
(vii) Type-Vl Quorter/Bungolows { 175 per month
7. For bulk consumers (exomples,
Rojbhowon, CM Bungolow,
Secretoriot)
I 3
34
2 4
8. For Privote sources such os Dug
wells, Bore wells, Spring etc.
(i) One time regiskotion fee
(ii) Renewol fee
9. Public stond post
10. Bulk woter supplied through woter
hydront
IL Woter supply through tonkers
12. Religious institution with occess
to deportmentol woter supply i.e
Church/ Temple/ Gurudworo/
Mosque, etc.
I3. Bulk woter supply for Notionol/Stote
level functions (Govt./Semi-govt./
NGO/Public/Privote
14. Bulk woter supply for community
level functions
15. Chorges for use of deportmentol
woter supply for conskuction
purpose (Govt./Semi-Govt./ NGO
/Public/Privote)
16. Provision for bulk woter supply chorge
of oll Govt./ Semi-Government construclion
to be remitted to Government
{ 1000
I 200 onnuolly
{ 20 per
house hold
As per detoil
onolysis bosed
on prevoiling rote
to be opproved
by the competent
outhority
-do-
Exempted
from ony
woter chorge
{ 2000 per doy
I 1000 per doy
As per detoil
onolysis ond
ossessment
mode by the
competent
outhority
As per detoil
onolysis ond
ossessment
mode by the
competent
outhority.
(ii) Rotes of woter chorges where woter meters ore instolled :-
The woter supply services sholl be rotionolized with
introduction of volumetric toriff thot will reploce the top bosed
toriff system, wherever possible in the urbon ond semi-urbon
towns. The rotes of metered toriff per kilolitres ( I 000 litres)
will be os follows :-
I
35
sl.
No
Cotegory
1 . Domestic
(i) Urbon Areos
(ii) Semi Urbon/ Administrotive HQs
2. Commerciol
3. Bulk supply through Tonkersflrucks
4. lndustriolrequirement
{l5perKL
{SperKL
t 30 per KL
( 175 per KL
t 2001cer KL
Explonotion:
u)
(ii)
(o) 'Domestic"in section 5 meons ond includes-
All residentiol complexes including tenont complexes;
(b)
All Stote ond Centrol Government offices, institutions,
residentiol quorters ond oll educotionol institutions;
tommerciol" in section 5 meons lodges, restouronts,
hotels, confectionories/sweet shops, privote institutions
like schools ond colleges, guest houses, clubs, theotres,
cinemo holls, swimming pools, fountoins, woshing ploces
for vehicles, shops, goroges, petrol pumps, foctories,
bonks, nursing homes ond componies.
(2) Assessment ol woter chorges in cose ol und)tho zed use.-
(i) lf on inspection of ony ploce or premises or woter meters
or ony other devices, or ony record mointoined by ony
person, the outhorized officer of the deportmentfinds thot
ony consumer is indulging in unouthorized use of woter,
he sholl, notwithstonding ony criminol proceedings thot
moy be token ogoinst the consumer under ony other low
for the time being in force, provisionolly ossess, to the
best of his judgment, the woter chorges poyoble on
occount of such unouthorized use of woter.
(ii) The order or provisionol ossessment sholl be served to
the consumer in such monner, os moy be provided by
regulotions.
(iii) The consumer to whom o notice hos been served under
sub-clouse (ii) sholl be entitled to file obiection, if ony,
ogoinstthe provisionol ossessmentbe{orethe outhorized
Meter Toriff
36
officer of the deportment who moy, ofter offording o
reosonoble opportunity of heoring to such consumer, poss
o finol order of ossessment of the woter chorges poyoble
by such consumer.
(iv) Any consumer served with the order of provisionol
ossessment moy occept such ossessment ond deposit
the ossessed omount with the officer designoted for the
purpose within seven doys of service of such provisionol
ossessment order upon him.
(v) lf the ossessing officer finds thot unouthorized use .{ wotei'
hos token ploce, it sholl be presumed thot the unouthorized
use hos been continuing since the dote of storting of the
construction, in cose the unouthorized use is for
construction purpose or from the dote which the ossessing
officerfinds thotthe unouthorized use hos been continuing
in cose the unouthorized use is for other purposes.
(vi) The ossessment sholl be bosed on the plinth oreo of the
building, in cose of unouthorized use for construction
purpose or bosed on the number of inhobitonts, in cose of
domestic purpose or bosed on the proboble quontiry in
cose of other purposes.
(vii) The woter chorges under this section sholl be ossessed
in occordonce with provisions in thisActond Rules mode
thereunder.
6. Power to revise the rotes of woter toriff : The Government
moy, lrom time to time, by notificotion, fix the rote or rotes of chorge on
meter bosis or on the bosis of number of tops instolled or number of
dwelling units or on the dimension of the service pipe, poyoble by the
consumer for supply of woter under this Act ond different rote or rotes
moy be fixed lor different oreos ond for different consumers;
Provided thot the rote of chorges for supply of woter for purposes
other thon domestic purposes sholl not be less thon double the rotes
chorged in respect of woter supplied for domestic purposes os moy be
prescribed.
7. Exemption of woter chorges ond others : The Stote
Government sholl olso hove the power to exempt ony institution, or
Government body or orgonizotion from poyment of ony Toriff, fees or
chorges for hoving woter supply connection ond consumption thereof
os deemed fit.
37
8. Arronging pipes ocross rood, street,.
(l) The Government or the competent outhority sholl loyor
corryony pipesforthe purposes of orronging or mointoining
supply of woter, through, ocross, under or over ony rood
or street or o ploce loid out or intended to be loid out os o
rood or street or ony other ploce under the control of o
locol outhority or ony person ond moy ot oll times do oll
octs ond things which moy be necessory or expedient for
repoiring or mointoining such pipes in on effective stote.
Provided thot.
(o) such work sholl be corried out with leost onnoyonce
to the public ond within o reosonoble time;
(b) reosonoble compensotion os moy be determined by
the Government sholl be poid to the owner or the
locolouthority os the cose moy be, lor ony domoges
sustoined by him or it ond directly occosioned by
the corrying out of such operotions;
(c) the competent outhority sholl couse, not less thon
seven doys notice in writing to be given to the owner
or the locol outhority os the cose moy be, before
commencing ony operotion under this section except
in coses where immediote oction is considered
necessory in which cose, the competent outhority
moy by order ondior reosons to be recorded in writing,
dispense with the notice.
(2) The pipes, which cross the roods/streets, sholl be loid ot
leost I (one) feet (30cm) below the rood so os to ovoid
leokoges due to impoct of wheels.
(3) Disciplinory octions os per relevont rules, sholl be initioted
ogoinst the defoulting fitters/ plumbers/Junior Engineers who
foil to comply with sub- seaion (2).
9. Service line lo unouthorized occuponts:-
(l) When o request of on opplicont for gront of woter supply
to his/her premises, tempororily occupied unouthorizedly,
is received in writing, the Executive Engineer mqy occept
the proposol ond the person so opplying sholl, ot his/her
own cost, provide oll service pipe ond fiftings Ior corrying
out the works, or else he/she sholl deposit the money to
the concerned Executive Engineer os per the opproved
estimote, under this Act.
38
(2) Such woter supply connection to the unouthorized
occuponts sholl not be treoted os the bosis Ior cloim for
ollotment of lond ond or compensotion in the event of
eviction/demolition in occordonce with due process of low
in Urbon or Semi-urbon oreos.
10. Levy of woter tox on rurol consumers:-
(1) The rurol consumers who settle neor or within periphery
of urbon ond Semi-urbon towns but hos woter supplyfrom
the pipelines of urbon ond Semi-urbon oreos sholl poy
the woter chorges under the provisions o{ this Act.
Similorly, the consumers who settle within Urbon/semi-
urbon towns ond get woter from rurol woter supply pipe
lines sholl olso poy the woter chorges on equol footing.
(2) The consumers who ore settled in rurol oreos, villoges
but get the woter supply from rurol woter supply pipe in
his/her Reinlorced Concrete Cement, Semi-Reinforced
Concrete Cement ond Semi Permonent Type buildings
upto kitchen, bothroom, wosh bosin, sholl poy the woter
chorge ot holf the opproved rotes fixed under the Ad for
Urbon oreos.
Chopter - tll
Oflences ond Penolties
11. Prohibition ond Prevention of Wostoge of Woter :-
(l) No owner or occupier of ony lond or building to which
woter is supplied by the deportment sholl either willfully
or negligently or otherwise suffer such woter to be wosted
or sholl suffer pipe, tops, works ond fittings for the supply
of woter to remoin without repoir so os to couse wostoge
of woter.
(2) No person sholl couse wostoge of woter or misuse of
public stond post, hydronts pipe, etc.
(3) Wherever the Executive Engineer hos reoson to believe
thot os o result of ony defect in pipes, tops or fittings
connected with woter supply, the woter supply to the lond
or building is being wosted, he moy by o written notice,
require the owner or the occupont of the lond or building
within such period, os moy be specified in the notice to
repoir ond moke good the defect.
39
(4) lf the repoirs ore not effected within the time speciried in
the soid notice os in sub-section (3) of this section, the
Executive Engineer moy couse such repoirs to be conied
out ond recover the cost of repoir from the owner or
occupont of the lond or buildings os the cose moy be os
on orreor of woter chorge.
(5) The owner or occupont of ony lond or building or on which
the woter supplied by the deportment, under this Act, is
wosted for poor condition of pipes, moin or other works
he/she sholl give notice of the some to the competent
outhority lorthwith.
12. Misuse ond cousing domoge to woter works, volves ond
hydronts:-
(l) (o) No person sholl domoge or couse domoge to woter
reservoir moin, pipes or other opplionces, for supply
of woter under the monogement of the deportment.
(b) No person sholl drow off or divert ony woter from woter
reservoir, moin, pipes or hydront under the
monogement ond control of the deportment.
(c) No person other thon the outhorized stoff or licensed
plumber or fitter, sholl open or keep open the volves
or ony woter works of the deportment meont for the
supply of woter to the public.
(d) No person sholl couse or sufler to percolote or droin
into or upon ony woter works whereby the woter
therein moy, in ony woy, be fouled, polluted or its
quolity ond quontity oltered;
(e) No person sholl couse or ollow to enter ony onimol
into such woter works;
(0 No person sholl bothe or wosh clothes in such woter
works, notified woter sources;
(g) No person sholl throw or put onything into or upon
the woter in such woter works.
(2) Whoever controvenes sub.section (l) shollbe punishoble
with fine which moy exlend to t 50,000 (Rupees iifty
thousond) only.
10
'13. Other Offences ond penolties:-
Punishment for toping or moking illegol connection
or other illegol octivities :- Whoever, being o consumer or
otherwise, with on intention to get unlowfulgoin, connects service
lines without proper permission from the competent outhority,
domoges or tompers o woter meter, or uses ony device or method
which interferes with the occurocy ond proper metering of the woter
supply, sholl be punishoble -
( l ) ln cose of o domestic consumer, on first conviction
with fine which moy extend to ten thousond rupees,
ond in the event of o second or subsequent conviction
with imprisonment for o term not exceeding six
months ond with fine which moy extend to twenty-
five thousond rupees.
(2) ln cose of non domestic consumer, on first conviction
with fine which moy extend to i?fteen ihousond rupees
ond in the eventof o second or subsequent conviction
imprisonment for o term not exceeding two yeors
ond with line which moy extend to fifty thousond
rupees.
14. Offences reloting lo theft of moteriol :-
(l ) Whoever, dishonestly:-
(o) Cuts or removes or tokes owoy or tronsfers ony
moteriol or meter from ony instollotion or ony other
ploce, or site where it moy be rightfully or lowfully
stored, deposited, kept, stocked, situoted or locoted
including during tronsportotion, without the consent
of the concerned deportment or the owner or the
licensee, os the cose moy be, whether or not the
oct is done for profit or goin ; or
(b) Stores, possesses or otherwise keeps in his
premises, custody or control, ony moteriol or meter
without the consent of its owner, whether or not the
oct is done for prolit or goin; or
(c) Loods, corries or moves {rom one ploce to onother
ony moteriol or meter without the consent of its
owner, whether or not the oct is done for profit or
goin; or
(d) Obstructs or couses to obstruct personolly or in
connivonce with ony other person topping of ony
woter source, sholl be guilty of on offence ond sholl
4t
be lioble on conviction, to imprisonment for o term
which moy extend to three yeors but sholl not be
less thon three months, or fine which moy extend to
rupees twenty thousond but sholl not be less thon
rupees five thousond or with both.
(2) lf o person, hoving been olreody convicted of on offence
punishoble under sub- section (l) is found guilty of on
offence under the soid sub- section, sholl be punishoble
for the second or subsequent offence for o term of
imprisonment which sholl not be less thon six months
but which moy extend to three yeors ond sholl olso be
lioble to fine which sholl not be less thon rupees ten
thousond which moy extend to thirty thousond.
15. Punishment lor receiving stolen C:overnment Woter Supply
property: Whoever, dishonestly, receives ony stolen Government
Woter Supply moteriol knowingly or hoving reosons to believe the some
to be stolen property, sholl be lioble, on conviction to the punishment
of imprisonment o{ either description for o term which moy extend to
three yeors, or fine which moy extend to rupees ten thousond or with
both.
Chopter - lV
Powers of competent outhority ond resolution of disputes.
16. Power of Executive Engineer to cut off or turn off supply of
Woter:-Notwithstonding onyhing contoined in this Act, the Executive
Engineer moy cut off the connection of onywoterworks ofthe deportment
to ony lond or building to which woter is supplied or moy turn off such
supply for ony of the following coses:-
(i) lf the lond or building is unoccupied, or
(ii) lf ofter receipt of written notice from the Executive Engineer
requiring him to refroin from so doing the owneroroccupont
ofthe lond or building continues to use the woter or permits
the some to be used in controvention of this Act or ony
rules mode thereunder, or
(iii) lf the owner or occupont of ony lond or building to which
woter supply is mode by the deportment refuses to odmit
ony officer or employee ofthe deportmentduly outhorized
for the purpose of moking ony inspection or repoiring
reloting to woter supply or prevent such officer or employee
from moking such inspection or repoir, or,
12
(iv) lf the owner or occupont of the lond or building willtully
or negligently iniures or couses domoges to ony pipe or
ony fittings, volves etc. conveying woter of the
deportment, or
(v) lf ony pipe works or fitting conneaed with supply of woter
to the lond or building is found on exominotion, out of
order to such on extent os to couse wostoge of woter
ond immediote prevention is necessory or
(vi) lf by reoson of leokoge in the service pipe or fitting, domoge
is coused to o public slreet or ony public or privote
property ond immediote prevention is necessory or
(vii) lf there is ony woter pipe situoted within the lond or
building to which no top or other efficient meons of turning
the woter off is ottoched cousing wostoge of woter, or
(viii) lf due to ony reoson it is seen thot the pipeline is being
contominoted, or
(ix) lf ony fee, rentol, cost of woter or ony chorge or other
sum due under this Act, is not poid by the consumer
within the period of fifteen doys ofter receipt of o bill for
the some.
I 7. Disputes between the Deportment ond Consumer:-
(l) The Superintending Engineer or such other officer not
below the ronk of Executive Engineer or such other officer
speciolly empowered, sholl hove the power to decide oll
disputes reloting to the liobility for the poyment of toriff,
fees ond other chorges or exemption therefrom.
Provided thot notwithstonding onything contoined in
the oforesoid provisions, ony person oggrieved by the finol
order possed under sub-section (2) of section 5 ond other
relevont sections of the Act, moy, within thirty doys of
the soid order, prefer on oppeol to the Superintending
Engineer hoving jurisdiction over the oreo.
(21 No oppeol under sub-section (l) sholl be entertoined
unless on omount equol to one third of the ossessed
omount is deposited within the period prescribed lor the
purPose.
(3) The oppellote outhority relened to in sub-sedion (l ) sholl
dispose of the oppeol within thirty doys of presentotion
of oppeol ofter heoring the porties.
13
(4) The orders of the oppellote outhority possed under sub-
section (3) obove sholl be finol.
18. Advonce notice for stopping woter supply :- lf ot ony time,
supply of woter is proposed to be stopped for more thon twenty four
hours in ony locol oreo or to ony premises, the competent outhority
moy give orol or written notice before twenty four hours in odvonce,
inform the locol outhority, inhobitonts of such locol oreo or the owner of
such premises os the cose moy be.
19. lnspection of premises :-
(1) Any officer not below the ronk of Junior Engineer
outhorized in this beholf by the competent outhority moy,
between 9 om ond 5 pm, enter into ony premises for the
purpose oi inspecting ony woter instollotion.
(2) The power conferred by this section includes power to
breok open the door/gote where the Executive Engineer
or such Gozetted Oflicer hos o reoson to believe thot
woter is being misused or used without proper
permission.
Provided thot the power to breok open the door/gote
sholl be exercised only ofter the owner or ony other
person in occupotion of the premises, if he is present
therein, refuses to open the door/gote on being colled
to do so.
(3) lf such officer is, ot ony such time, refused odmission
into such premises for the purpose ond prevented from
moking such inspection, the competent outhority moy,
ofter giving the consumer on opportunity oi being heord,
cutoff the supply of woter to thot premises;
Provided thot if ony such premises is on oportment
in the octuol occuponcy of o womon who, occording to
the custom does not oppeor in public, such officer sholl,
before entering such oportment, give notice to such
womon thot she is ot liberty to withdrow ond offord her
every reosonoble locility for withdrowing ond moy then
enter the oportment.
14
Chopter - V
Notificotion of woter sources ond protection of woter supply
moins ond their ownership
20. Notified woter sources ond woter moin routes :-
(1) The Government moy, from time to time, identify ond
declore certoin woter sheds or woter sources or both or
woter moin routes os notified wotersheds or woter sources
or notified woter moin routes;
(2) Such notified wotersheds or woter sources or notified woter
moin routes sholl, thereupon be under the odministrotive
control of Public Heolth Engineering ond Woter Supply
Deportment, Government of Arunochol Prodesh;
(3) Any use of such notified wotersheds or woter sources or
woter moin routes by the public, locol outhority or ony
other ogency sholl require prior opprovol ofthe competent
outhority;
(4) The Government moy impose tox for use of woter from
the notified woter sheds, woler sources or woter moin
routes by the public, locol outhority or ony other ogency
ond the chorges sholl be not less thon seventy percent
of the chorges for supply of woter for domestic purposes,
os moy be prescribed;
(5) Privote Woter sources such os springs, dug wells, Bore
wells etc. sholl mondotorily be verified by the officiols of
Public Heolth Engineering ond Woter Supply Deportment
to certify its reliobility in terms of quolity ond o nominol
, surchorge sholl be levied from the consumer.
Explonotion:
(i) 'Wotershed" meons on oreo surrounding ony spring,
streom or pond (whether formed noturolly or otherwise)
' which conserves ond sustoins o source of woter, the
quontity whereof is likely to be voried by erosion of soil,
felling of trees or disturbonces by coftle grozing or humon
settlement/octivity ond includes the gothering ground of
o river system;
15
(ii) 'Woter route" meons the strip of lond olong which the
pipeline for supply of woter is loid ond includes the lond
odjoining such pipeline which, if disturbed by quorrying,
digging, or movement of vehicles etc. is likely to disturb
the stobility of the pipeline.
(iii) "Woter source" meons ony spring, streom, river, pond
(whether formed noturolly or otherwise) from where woter
is topped {or domestic or other purposes.
21. Ownership ol Assets creoted:-
(l) The ownership of the ossets creoted by Public Heolth
Engineering ond Woter Supply Deportment like
heodworks, sedimentotion tonks, filtrotion tonks, storoge
tonks, distribution tonks, overheod tonks, pumps, motors,
ring well, lift woter supply system, the moin ond service
lines, woter meter, woter tops etc. in Urbon, Semi-urbon
ond rurol oreos sholl vest with the Public Heolth
Engineering ond Woter Supply Deportment till these ore
honded over to the consumers, locol bodies, Non
Government Orgonizotion, Ponchoyots or Villoge Woter
Sonitotion Commiftee etc.
(2) The ownership of service line in the cose of privote
consumers sholl olso vest with Public Heolth Engineering
ond Woter Supply Deportment even though the cost of
ony connection or port thereof hos been borne by the
opplicont.
(3) The field officers of the Public Heolth Engineering ond
Woter Supply Deportment sholl be outhorized to toke
over old pipelines whenever new pipelines ore loid in lieu
of old pipes ond they moy shift ond use these old pipes
to ony other locotions os deemed fit.
(4) ln the event of such shifting ond re-use of old pipes under
section 21, the deportment sholl mointoin proper records
like Moteriol Account ot Site.
(5) The ownership of woter supply ossets creoted under
different progrommes by other deportments olso sholl be
vested in Public Heolth Engineering & Woter Supply
Deportment.
16
22. Prohibition of construction of buildings etc. over lond,
pipes etc.:-
(l) The Government/villoge outhorities sholl provide, lree of
cost, ot leost one ('l m) meter wide lond on both sides ol
roods, steets, povements etc in Urbon, Semi-urbon ond rurol
oreo for loying of pipelines by the Public Heolth
Engineering &Woter Supply Deportment.
(2) No person sholl without permission of the competent
outhority construct ony privote street, building, woll, fence
or other structure over ony lond or pipes or moins
belonging to the deportment.
(3) lf ony privote street is constructed or ony building, woll,
fence or other structure is erected on ony lond or pipes
or moins belonging to the deportment, the competent
outhority moy remove or couse to remove the some os
moy be provided in thisAct, or ony other low for the time
being in force.
(4) The expenses incurred by the competent outhority in so
doing sholl be poid by the owner ofthe privote street or of
the building, fence, woll or other structure or os the cose
moy be, by the person controvening the Act ond sholl be
recoveroble os orreors of lond revenue.
Chopter - Vl
Miscelloneous
23. Compensotion for lond ond woter:-
(l) No compensotion for the lond used lor construction of
Reinforced Concrete Cement structures like heodworks,
sedimentotion, storoge tonks etc ot privote londs sholl
be poid by the deportment excepts the volue of ossets
ston

Excerpt shown. Open the full act in Lexace.

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