The DELHI JAL BOARD ACT. 1998
Delhi · state statute
Open in Lexace · Ask the AI about this actTHE DELHI JAL BOARD ACT. 1998 Government of National Capital Territory of Delhi (Department of Law, Justice & Legislative affairs) No. F.13(4)/98-LAD/ Dated the 2 nd April, 1998 The following Act of the Legislative Assembly received assent of the President of India on 30 th March, 1998 and hereby published for general information: - The Delhi Water Board Act 1998 (Delhi Act No. 4 o 1998) (as passed by the Legislative Assembly of the National Capital Territory of Delhi) Dated 2 nd April, 1998 AN ACT To provide for the establishment of a board to discharge the functions of water supply, sewerage and sewage disposal and drainage within the National Capital Territory of Delhi and for matters connected therewith. BE it enacted by the Legislative assembly of National Capital Territory of delhi in the Forty Eighth Year of the Republic of India as follows: - CHAPTER – I PRELIMINARY Short Title Extent and Commencement 1. (1) This Act may be called the Delhi Water Board Act, 1998. (2) It will extend to the entire area of the National Capital Territory of Delhi excluding area under Ne w Delhi Municipal Council & Cantonment area. (3) It shall come into force on such date as the government may, by notification in the Official gaz ette, appoint; and different dates may be appointed for different prov isions of this act and any reference in any such provisi on to the commencement of this act shall be construed as a reference to the coming into force of that provision. Definitions 2. In this Act, unless the context otherwise requires - (a) “Administrator” means the Admi nistrator of the government of National Capital territory of Delhi; (b) “Board” means the Delhi Water board established under subsection (1) of section 3 and includes any member, officer or employee of the Board to whom the Board may delegate its powers under Section 22; (c) “Cantonment area” means the area within the lim its of Delhi Cantonment as defined by the notifications of Central government under Section 3 of Cantonment Act, 1924. (d) “Central ground Water Authorit y” means the central Ground Water Authority constituted under Section 3(3) of the environment (Protection) Act, 1986 (29 of 1986); (e) “Charges” includes any rates, tariff, duty cess, deposits, rentals, surcharge, development charges or any other charges levied by the Board or payable to it; (f) “Delhi means the National Capital territory of Delhi; (g) “Delhi Contonment Board” means the body corporate having perpetual succession & common seal as incorporated under Sections 10 & 11 of the Cant onment Act, 1924 (Central Act 2 of 1924) (h) “Delhi Development Authorit y” means the Delhi Development authority established under Se ction 3 of the Delhi Development Authority Act, 1957 (central Act 61 of 1957) and included any successor body thereto; (i) “Delhi Electric Supply Underta king” means the undertaking of that name established under the provisions of the Delhi Municipal Corporation Act, 1957 and includes any successor body thereto; (j) ‘Departmental Charges” means the charges fixed by the Board for defraying its establishment and overhead costs in respect of any work; (k) “Development” means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment; (l) “Development Charges” means charges to defray the cost incurred by the Board in initially providing any service to any premises or group of premises or for augmenting such service and includes departmental charges. (m)“Drain” included a sewer, a house drain, or a drain o any other description, a tunnel, a culvert, a ditch, a channel or any other device for carrying of sewage, offensive matter, polluted water, waste water, but not designed to carry rain water or sub-soil water; (n) “Fittings” includes any pipe, taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water or for the carrying of, collection, treatment or disposal of sewage; ] (o) “Government” means the Govern ment of the National Capital Territory of Delhi; (p) “Industrial Effluent” means e ffluent which is not sewage and includes environmental pollutants in the form of solid, liquid or gaseous substances present in su ch concentration as may be injurious to the environment, to human beings, or other living creatures, including plants or micro-organisms or to property; (q) “Legislative Assembly” means the legislative assembly of the National Capital Territory of Delhi; (r) “Licensed Plumber” means a plumber who has been temporarily permitted to operate as licensed plumber in any area of the Board or by any erstwhile body substituted by the Board and will include a licensed plumber who will be licensed by the Board in accordance with the regulations made in this regards; (s) “Local Authority” includes the Municipal Corporation of Delhi, New Delhi Municipal Council, the Delhi Development Authority, the delhi Cantonment Board, or any successor body to any of them, and any other statutory authority performing municipal functions; (t) “Main” means a pipe laid by the Board for the purpose of 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 upto the ferrule; (u) “Military engineering Servic es” means an-organization dedicated to provide infrastruc ture support to the Defence Services and other users under the Ministry of Defence. (v) “Municipal Corporation” means the Municipal Corporation of Delhi established under Section 3 of the Delhi Municipal Corporation Act, 1957 (central Act 66 of 1957) and includes any successor body or bodies thereto; (w) “Municipal drain” means any drain under the control or formerly under the control of a local authority; (x) “New Delhi Municipal Council” means the New delhi Municipal council established under the Ne w Delhi Municipal Act, 1994 (Central act 44 of 1984) and incl udes any successor body or bodies thereto; (y) “Occupier” in relation to any premises includes – I. any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the premises in respect of whic h such rent is paid or is payable; II. an owner in occupation of, or otherwise using, such land or building; III. a rent free tenant of such land or building; IV. a licensee in occupation; and V. any person who is liable to pay to the owner damages for the use and occupation of such land or building; (z) “Owner” means a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and other or as an agent, trustee, guardian of rece iver for any other person or who should so received the rent or be entitled to receive it if the land or building or part ther eof were let to a tenant and also includes - I. The custodian of Evacuee Pr operty in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (central Act 31 of 1950). II. The Director of estates in the Central Government, the Secretary of the Delhi Devel opment authority, constituted under the Delhi Development Act, 1957 (central Act 61 of 1957), the General Manager of a Railway and the head of a government Department, in regard to properties under their respective control; (aa) “Premises” means any l and or building or part of a building and includes – I. the garden, grounds and out- houses, if any, appertaining to a building or part of a building; and II. any fittings affixed to a bu ilding or part of building; (ab) “Prescribed” means prescr ibed by rules framed by the Government under Section 108; (ac)”railway administration”, in relation to – I. a government Railway means the General Manager of a Zonal Railway; and II. A non-government railway means the person who is the owner or lessee of the Railwa y or the person working for the Railway under an agreement; (ad) “Regulation” means regulat ion made by the Board under Section 109; (ae) “Reside” – I. a person shall be deemed to “reside” in any dwelling house which or some portion of which he sometimes, whether uninterruptedly or not, uses a sleeping apartment and II. a person shall not be deemed to cease to “reside” in such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is the liberty of returning to it any time and no abandonment of the intention of returning to it; (af) “Rule” means a rule made by the government under this Act by notification in the Official Gazette. (ag) “Sewage” means night-soil and ot her contents of water closets, latrines, privies, cess pools or drai ns, and waste water or other normal effluent from shafts, kitchens, bat hrooms, stables, cattle sheds and other like places but excludes cow-dung; (ah) “Sewer” means any device for carrying of sewage; (ai) “Sewerage Work” means any sewer channel, duct, collection, treatment and disposal unit, pumping st ation, engine, mobile collecting unit and other machinery and any adj acent land not being private property and any land, bu ilding or other thing for the collection or treatment or disposal of sewage; (ak) “Street” means any way, road, lane, square, court, alley, passage, whether a through fare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway; (al) “Telegraph Authority” means the authority as defined under Section 3 (6) of the Indian Telegraph act, 1985 (13 of 1985) (am) “telegraph line” means a wire or wires for the purpose of a telegraph as defined in the Indian Telegraph Act, 1885 (13 of 1885); (an) “trunk main” means a main constructed for the purpose of conveying water from a source of supply to a reservoir or from a reservoir to another reservoir, or fo r the purpose of conveying water, in bulk from one part of t he limits of supply t anothe r part of those limits, or for the purpose of giving or taking a supply of water in bulk; (ao) “Water woks” means any sour ce of water supply like a stream, lake, spring, river, or cancel, well reservoir, cistern and tank, dug well, bore well, dug-cum-bore well, tubewell, ranny well, filter points and infiltration galleries, any channel, duct, whether converted or open, desalination plants, treatment units , sluice or supply main culvert, bridge, engine, water tank hydran t, stand pipe or post, conduit and machinery and any adjacent land not being private property and any adjacent land not being private property and any land, building or other thing for supplying water or for prot ecting a source of water supply and pipe or for treatment of water. Chapter II Constitution of Delhi Water Board Constitution of the Board 3. (1) The Government shall, as s oon as may be after the issue of the notification under sub-section (3) of Section 1, constitute the Delhi Water Board by notification in the official Gazette. (2) The Board shall consists of: i. A chairperson who shall be the minister incharge of the subject matter of t he government and a vice chairperson to be nomi nated by speaker from amongst members as per clause 2 (iii). ii. A chief executive office to be nominated by the Government who shall be an office drawing pay in the scale not less than that of a joint secretary to the Government of India. iii. Three members of the l egislative assembly of the National Capital territory of Delhi to be nominated by the speaker. iv. Two members of the Munici pal Corporation of Delhi, Ex-officio. v. The commissioner of the Municipal Corporation of Delhi, Ex-Officio. vi. The chairperson of the New Delhi Municipal Council, ex-officio. vii. A member (Water S upply) to be nominated by government who shall be an engineer, drawing pay not leas than that of a joint secretary to the Government of India, having specialized knowledge and experience in the matters relating to drainage. viii. A member (Drainage) to be nominated by government who shall be an engineer, drawing pay in scale not less than that of a joint se cretary to the Government of India, having specialized knowledge and experience in the matters relating to drainage. ix. A member (Finance) to be nominated by the government drawing pay in the scale not less than that of a joint secretary to the Government of India, having specialized knowledge and practical experience of accounting and financial matters. x. A member (administrati on) to be nominated by the Government drawing pay in the scale not less than that of a joint secretary to the government of India, having specialized knowledge ad practical experience of personnel and administrative matters. xi. Secretary Incarge of the Department of the government dealing with the Board, Ex-officio. xii. A representativ e of the Ministry of urban Affairs & employment, government of India who shall not be below the rank of joint Secretary to the Government of India, to be nominated by the Central Government. xiii. One representat ive of the Delhi Cantonment Board, preferably an elected repr esentative of the Delhi Cantonment Board, to be nominated by its President. xiv. A representative of the Central Ground Water Authority who shall not be bel ow the rank of a Chief Engineer, to be nominat ed by the Central Government. (3) Members nominated under clauses (ii), (vii), (viii) (ix) and (x) shall be entitled to receive from the funds of the Board such salaries and allowances, and shall be governed by such conditions of service, as may be prescribed. (4) Except in the case of ex-officio members and members nominated under clauses (iii), (iv), (xiii of sub section (2), the members of the Board shall hold office at the pleasure of the government. (5) The members of the Board nom inated under clauses (iii), (iv) and (xiii) of sub-section (2) shall not hold office for a continuous period for more than two years and shall cease to hold office whenever they cease to be members of the legislative assembly of the National Capital Territory of delhi or members of the Munici pal Corporation of de lhi or of the delhi Cantonment Board, as the case may be. (6) No decision taken by the B oard or under the authority of the Board shall be called into ques tion on the ground only of the existence of any vacancy among the members of the Board or of any defect or infirmity in the constitution of the Board. 4. (1) In the absence of the Chairper son, the Vice Chairperson and in the absence of chairperson & vice-chairperson, the Chief Executive Officer shall be competent to carry out the duties and functions of the chairperson. (2) If the chief executive offer of t he board is by reason of illness or otherwise rendered temporarily in capable of carrying out his duties, or is granted leave of absence by the government, or is otherwise unable to attend to hi s duties, in circumstances except the cessation of his me mbership, the government may appoint another person to act for him as the chief executive office to carry out his duties and functions by or under this Act. Such person shall vacate office on the date when the Chief Executive Officer resumes his duties. Non-participation of a member of he hold interest in any firm, etc. 5. (1) If the Board has entered into or is considering entering into any contract or agreement with any firm or company in which a member holds any share or inte rest, he shall disclose the fact and nature of such interest and he shall not be entitled to participate in any decision of the Board relating to such contract or agreement. (2) Every disclosure referred t in sub-section (1) shall forthwith be recorded in the minutes and communicated to the Government, and the government may thereupon give such direction as it may deem proper. Incorporation of the Board 6. (1) The board shall be a body corporate having perpetual succession and a common seal and the power to acquire and to hold property, both movable and immovable, and may sue and be sued. (2) All orders and decisions of the Board shall be authenticated in such manner as may be provided in the regulations. Appointment of staff 7. The Board may appoint a secret ary and all such offices as may be required to enable the Board to carry out its functions under this Act: Provided that the Government may prescribe that appointment to certain posts shall be subject to its approval. Water consultative council 8. (1) The government may constitute a water consultative council. (2) The functions o the water consultative council shall be: - i. To advice the Board on po licy matters pertaining to the interests of consumers and issues affecting the environment; ii. To give expert advice on administrative, financial and technical matters; iii. To advice the board on ma tters pertaining to the interests of consumers and issues affecting the environment; iv. To advice the board on any other matter regarding which the board secks its advice. (3) The chairperson of the Board shall be the chairperson of the Water Consultative Council and its members shall be as follows: - i. All members of the board, ex-officio; ii. Two members of the legi slative assembly of the national capital territory of Delhi to be nominated by the speaker. iii. Two members of the Munici pal Corporation of Delhi to be nominated by the mayor; iv. One expert in environmental and ecological matters to be nominated by the government; v. Two experts in water management to be nominated by the government. vi. Two persons representing consumer interests to be nominated by the Government; vii. One member represent ing the employees to be nominated by the government; viii. One member from the Ne w Delhi Municipal Council out of the Non-official members. Chapter III Power and Functions of the Board Functions of the Board 9. (1) Without prejudice to any other provisions of this Act, the Board may perform the following functions: - a. Treat, supply and distribute water for household consumption or other purposes to those parts of Delhi where there are houses, whet her through pipes or by other means; Provided that this clause shall not be construed to require the board to do anything which is not in the opinion of the board practicabl e at a reasonable cost, or to provide water supply to any premises which have been constructed in contraventi on of any law or in which adequate arrangement for internal water supply, including internal storage, as may be required by the Board, does not exist: b. Plan for, regulate and m anage the exploitation of ground water in Delhi in consultation with Central Ground water Authority and also give advice in this regard to the New Delhi Municipal Council, the Delhi Cantonment Board or any other local authority, except with the prior approval of the central government; Provided that the Board s hall, as far as may be, take over the management of a ll drains fed wholly or in part by drains under the management of the Board; c. Promote measures for c onservation, recycling and reuse of water; d. If so directed by the Government or the Central government, take over and carry out any functions relating to the management and regulation of sewerage and ground water or the drains of any area, hitherto being carried out by the Government, the Delhi Development authority or any other agency; Provided that the Board s hall, as far as may be, take over the Management of a ll drains fed wholly or in part by drains under the management of the Board; e. Collect, treat and dispose-of sewage from any part of Delhi and carry out works connected with sewerage, sewage treatment and sewage disposal including the planning, design, cons truction, operation and maintenance of works relating thereto; f. Take up or promote any other measures necessary for or ancillary to the functions of the Board laid down under this Act, including negotiations with other Boards or similar authorities, or t he central or any state government, and entering into agreement with them, or the formulation and implement ation of schemes, or research and development works. g. Make provision for unfiltered water supply. (2) The Board may, with the prio r approval of the Government entrust any of the tasks and functions referred to in this section to a local body, limited company, registered society, research institute or government undertaki ng, including provision for private investment in any works thereof including ownership of the facility, on such terms and conditions as may be approved by the Board. Water supplied for domestic purpose not to be used for non-domestic purposes 10. (1) No person shall, without written permission of the Board, use or allow use of water supplied for domestic purpose for ay purposes, other tan domestic purpos es, except to extinguish a fire. (2) No person shall willfully pollute water in or obtained from any well, tank, water works or other source of supply being water which is or is likely to be used for domestic purpose or for the preparation of food or drink for hum an consumption, so as to be prejudicial to health. Supply of water for domestic purposes not to include any supplies for specified purposes 11. The supply of water for domestic purpose shall not be deemed to include supply thereof: i. For animals or for wa shing vehicles, where such animals or vehicles are kept for sale or hire; ii. For any trade, manufacture or business; iii. For fountains, swimming, baths or any ornamental or mechanical purposes; iv. For any construction work of any kind. Power to supply water for non-domestic purposes 12. The board may, in its discr etion and subject tot sufficient availability of water, supply wate r to any person or organization including industrial establishment s for non-domestic purpose or other public purposes, on such terms and conditions, including payment of such charges, as may be specified by regulations: Provided that the B oard shall allow all persons to take water for extinguishing fires only from any pipe on which a hydrant is fixed, without any payment. Power to require water supply to be taken and power not be allow occupation of a new premises wi thout arrangement for water supply. 13. (1) It shall not be lawful to cons truct or occupy any premises without adequate arrangements for water supply in accordance with such regulations as may be made in this behalf. (2) If it appears to the Board that any premises in Delhi are without supply of water for domestic pur poses or that the existing supply of water for domestic purpos es available for the persons usually occupying or employed in such premises, is inadequate or objectionable for reasons of health and sanitation, the Board may, by notice in writ ing, require the owner of the premises or the person primarily liable for the payment of property taxes in respect of them: a. To take a connection adequate for the persons occupying or employed in the premises, or to take such additional or enlarged connection or connections from the Water Works: b. To provide supply pipes and water fittings, install and work a pump and do all such works and take all such measures as may, in t he opinion of the Board, be necessary for the above purposes. (3) The Board may in the notic e issued under sub-section (2) specify: a. The size, material and quality of the pipes and water fittings to be provided; b. The position of the pipes and water fittings to be provided and the means of access for the inspection thereof; c. The type of pump that s hould be installed and the hours during which it should be kept working; d. The period within which any or all the works specified in the notice should be carried out; e. Any other requirement which the Board may deem necessary. Power to lay mains, sewers, pipes or drains. 14. (1) The Board may lay water mains, sewers, or service pipes, or drains of any type in any street or, with the consent of the owner and occupier of land not forming part of the street, in over or on any such land and may from time to time inspect, repair, alter or renew such main, pipe, sewer or drain wherever situated. Provided that where a cons ent required for the purpose of this sub-section is withheld, the Board may after giving the owner or occupier a written notic e of its intention to do so, lay the main pipe, sewer or drain in, over or on that land even without such consent. (2) Where the Board, in exercise of its powers under this section, lays or inspects, repairs, alters or renews a water main, service pipe, sewer or drain, it shall pay compensation to every person interested in such land for any damage or injury done to such land by reasons thereof. (3) The compensation payable under sub-section (2) shall be such as may be fixed by the Board in accordance with such procedure as may be prescri bed and after considering any claims made by any person interested in such land. Power to require water supply to be taken and to require maintenance of service pipe. 15. (1) The Board may require ay pers on, who desires the supply of water for domestic or any other purpose, to comply with such requirements as may be specified in requirements made in this behalf including the provisions of any supply pipes or any tanks, pumps or other pipes or fittings, as may be required by the Board, or deposit of the cost of so doing, and the payment of any amount required by way of development charges. (2) After obtaining the sanction of water connection from the Board the delivery pipe shall be got la id by consumer through a licenced plumber at his own cost from the main to consumer’s premises including ferrule. (3) It shall be the duty of the consumer to maintain, repair and replace, if required, such delivery pipe at his own cost. (4) All service pipes laid for a period of 15 years or more shall be got inspected by the consumer , at his own cost, through a licenced plumber. If the service pipes are found rusted/ leaking, and this is likely to result in cont amination of water, the work of repair/ replacement s hall be got executed by the consumer, at his own cost, through a licenced plumber. (5) It shall be the responsibility of the Development Agency carrying out, any construction, including multi-storeyed construction or additions to existing construction, to ensure provision of water supply through storage tanks, ei ther underground or overhead, and booster pumping stations. T he construction shall be the responsibility of the Developing agency and the maintenane and operation of the arrangements sha ll be the responsibility of the occupant of such premises. The board shall be responsible for giving water in the mains fe eding the service pipe. The construction arrangements sha ll be done with the prior permission of construction a rrangements shall be done with the prior permission of the Board and on such terms & conditions as shall be determined by the Board. Provision of fire hydrants 16. The board shall, on payment by the agency responsible for fire services, fix hydrants on water mains (other than trunk mains) at such places as may be conveni ent for supply of water for extinguishing any fire which may break out and shall kept these in order. Providing that the board shall allow water to be taken for extinguishing fires from any pipe on which a hydrant is fixed, by the agency responsible for fire services, without any payment. Power of Board to provide meters 17. (1) The board may provide water meters to measure the consumption of water by any per son using water supply by the Board and, until the contrary is proved, it shall be presumed that the quantity of water shown by the meter has been consumed. Provided that the Board may in its discretion permit a consumer to use his own water meter. (2) The use, installation fees and rent to be paid for such use, maintenance and testing of meteres shall be in accordance with regulations framed under this Act. Power to cut off or turn off water supply. 18. The Board may, subject to regul ations made in this behalf, cut off or turn off water supply to any premises or part thereof and the expense of cutting or turning off the water supply shall be paid by the occupier of the premises. Prohibition of waste or misuse of water or instillation of booster pumps. 19. (1) No person shall wildfully or negligently cause or suffer any water fittings to be so constructed or so adopted, or to remain out of order in such a manner, that th e water supplied to him by the board is, or is likely to be wast ed, misused or unduly consumed or contaminated, or t hat foul air or any impure mature is or is likely to be returned to any pipe belonging to, or connecting with a pipe belonging to the Board. (2) The Board may without prejudice to its right to proceed against such person under any other prov ision of law, acquire any person infringing the provisions of sub-section (1), to carry out any necessary repairs or alterations and, if he fails to do so within forty eight hours, may carry out the work and recover the cost incurred in so doing from such person. (3) No person shall install a boos ter pump or any other appliance without the permission of the B oard on any water main or service pipe or shall pump wa ter supplied by the Board otherwise than in accordance with such conditions as may be specified by regulations made in this behalf. Power to enter premises to detect waste or miscue of water and to restrict use of water from polluted source of supply. 20. (1) Any officer, authorized in wr iting by the board may, between sunrise and sunset, enter any prem ises using water supplied by the Board in order to check if there is any misuse of water and no person shall refuse entry to such officer or obstruct him. (2) If the board is of t he opinion that the water of any well, tank, or other source of supply, being water which is likely to be used for domestic purpose or for the preparation of food for human consumption, is or it likely to be so polluted as to be prejudicial to health, the board may, after gi ving the owner or occupier of the premises a reasonable opportunity of being heard, by order, direct that the source of supp ly be permanently or temporarily cut off or may impose restrictions upon the use of such water. (3) No person shall construct any latrine or cesspool within ten- meters of any well, tank, water pipe or in any position where such well, tank or pipe is likely to be injured or the water therein polluted. (4) No person shall sink any well, tubewell or hand pump except in accordance with such conditions as may be laid down by regulations in this behalf havi ng regard especially to the proximity of any sewer or storm water drain or of any polluted water and the Board may further require, in accordance with the regulations made in this behalf, that its permisson should be obtained. Power to require every premises to have separate water connection and service pipe. 21. (1) Unless otherwise permitted by B oard, every premises supplied with water shall have a separate water connection. (2) If, in respect of any premises already supplied with water but not having a separate service pipe, th e Board gives notice to the owner of the premises requiring hi m to provide such a pipe, the owner shall, within three mont hs, lay the said pipe and the board shall, as soon as may be after the owner has done so, give the connection to the said pipe from its own supply line. (3) If an owner on whom a notice has been served under sub- section (2) fails to comply t herewith the Board may itself execute the said work and recover the cost incurred. Power of the Board to delegate its power to an officer of the Board. 22. The Board may by order direct that any power conferred or duty imposed on it under this Act shall in such circumstances and under such conditions, if any, as may be s pecified in the or der, be exercised and performed also by any offer of the Board, as specified in the order. Power to restrict or prohibit use of water. 23. When Delhi or any part thereof is visited or threatened by an out-break of disease and the Board considers it necessary to do so, the Board may: - a. By public notice, restrict in any manner or prohibit for any period, as may be specified in the notice, the sale of water for human consumption as specified in the notice; b. Without notice and at any time inspect and disinfect any well, tank, public hydrant or other plac e from which water is or is likely to be taken for the purpose of drinking. Power to control use of water from wells, tanks, public hydrants etc. 24. If the Board is of the opinion that water in any well, tank or other place, is likely if used for drinki ng to endanger or cause spread of any diseases, the Board may: - a. Require the owner or person having control of such well, tank, hydrant or place to take such steps as the Board may consider necessary to prevent the public from having access to or use of such water; b. Take such other steps as the board may cnsider expedient to prevent the out-break of such diseases. Power of owner of premises to place pipes and drains through land belonging to other persons. 25. (1) If it appears to the Board that the most convenient means of supply water to and draining of any premises is by means of a pipe or drain over, under, al ong or across the immovable property of another pers on, the board may, by order in writing, authorize the owner of such premises to place or carry such pipe or drain over, under, along or access such property. Provided that before making any such order, the Board shall, in accordance with such regulations as may be made in this behalf, give to the owner of the property affected a reasonable opportunity to show Provided further that the owner of the premises shall not acquire ay right other than a right of use in the property where nay such pipe or drain is placed. (2) After an order under sub-secti on (1) has been made, the owner of the premises may, after gi ving reasonable notice of his intention to do so, enter upon the property referred to in such order to carry out the work of plac ing the pipe or drain or for the purpose of repairing it. (3) The owner of the premises shall cause as little damage as possible to the said property, fill in, reinstate and make good at his own cost any ground broken up or removed by him and shall complete the work with the leas t possible delay and shall pay compensation t the owner of t he property or other persons affected. (4) If on the application of the owner of the property, it is necessary in the opinion of the Board to do so, in order to allow for the construction or safe enjoyment of any building, the Board may by notice in writing require the owner of the premises to relocate or divert any pipe or drain laid under the provisions of his section at the cost of the owner of such property, which shall be fixed by the Board. (5) In case of dispute between t he owner of the pr emises and the owner of the property, respectively referred to in this section, or between the owner of the premises and any other person, either may refer the matter to the Boar d whose decision, after giving due opportunity to the parties, shall be final. Power to execute works 26. When, under the prov isions of this Act, any person is required or is liable to execute any work the Board may cause such work to be executed after giving such person an opportunity of executing it, within such work to be executed after giving such person an opportunity of executing it, within such period as the Board may fix for the purpose, and the board shall recover the cost in curred in the execution of such work, from the said person, in accordance with such regulations ask may be made in this regard. Power to execute works 27. For the purpose of ventilating any drain or cesspool, whether vested in the Board or Not, the Board may in accordance with regulations made in this behalf, erect upon any premises or affix to the outside of any building any such shaft or pipe as may appear necessary. Power to examine private drains and cess pools 28. Where it appears necessary to do so, private drains and cess pools having regard to public healt h and sanitation, the board may examine the condition of any privat e drain or cess pool, by means of such tests as the Board may deem fit, or take such measures in respect o such drain or cess pool as the Board may deem necessary; Provided that the Board shall, as soon as possible thereafter, reinstate any ground or make good any damage done. Disposal of Sewage Specifying of place for the emptyi ng of drains and disposal of sewage 29. (1) The board may cause any or all its drain to empty into, and all sewage to be disposed of at su ch place or places as it considers suitable, subject to t he provision of the Environment (protection) Act, 1986. Provided that no sewage s hall be discharged into any water course until it has been so treated as not to affect prejudicially the purit y and quality of the wate into which it is discharged. (2) Notwithstanding anything contained in sub-section (1) the board may permit disposal of sewerage for the time being in such place or places and in such manner as existed at the time of commencement of the Act. (3) No place which has not been used for any of the purposes specified in sub-section (1) before the commencement of this Act shall be used therefore without the approval of the Board Rights of user of property for aquaducts, mains, drains etc. 30. (1) The Board may place and maintain aquaducts, conduits and mains or pipes of drains over, under, along or across any immovable property without acquiring the same, and may at any time for the purpose of examin ing, repairing, altering or removing any such facility, ent er on any property over, under, along or across which such facility has been placed; Provided that the Board shall not acquire any right other than right of user in the property where such conveniences have been placed. (2) The powers conferred by sub-section (1) shall not be exercisable in respect of any pr operty vested in the Union or under the control or management of the Cent ral government or Railway administration or vested in any local authority except with the specific permission of t he said body in accordance with any bye-laws made in this behalf; provided that the Board may, without such permission repair, renew or amend any existing works if it is urgently required to maintain interrupted supply of wate r, drainage or disposal of sewage or if delay would be dangerous to health, human life or property. (3) In exercise of the power conf erred by this section, the board shall cause as little damage ad inconvenience as possible and shall compensate for any damage or inconvenience so caused, as determined by the board. Drainage and Sewerage Public drains to vest in the Board 31. (1) All drain which are municipal drains under the control of the Delhi water supply & sewage disposal undertaking constituted under the DMC Act1957 existing at the commencement of this Act, together with all ventilati ons, shafts, pipes and all appliances and fittings pertaining to such drains, and the sub soil appurtenant thereto, shall vest in the Board. (2) The board may construct as many new drains a it may, from time to time, consider necessary, and all such drains shall vest in the Board. Permission to connect private drain with public drain 32. Subject to such conditions as may be laid down by regulations made in this behalf, and to payment of any consequential expenditure incurred by the Board, as assessed by the Board, the Board may allow the connection of any private drain to any public drain under its control; Provided that nothing in this sub-section shall entitle any person: - a. to discharge any industrial e ffluent into any public drain except in accordance with regulations made in this behalf, which may include provision for treatment of such effluent before its discharge into such drain; or b. to discharge into such drai n any substance the discharge of which is prohibited under any law; or c. to discharge foul water into a drain provided for surface water or surface water into a sewer, unless expressly permitted by the Board as a purely temporary measure Drainage of undrained premises 33. (1) Where any premises are, in the opinion of the Board, without sufficient means of drainage the B oard may, by wr iting notice, require the owner of such premises – a. To provide and set up all such appliances and fittings as may appear to the board to be necessary of the purposes of gathering and receiving po lluting and there obnoxious matter and conveying it from the premises; b. To provide and set up all such appliances and fittings as may appear to the Board to be necessary to prevent waste water from being discharged into the street. (2) Where a public drain or any place approved by the Board for the discharge of filth and other po lluted and obnoxious matter is situated at a distance not exceed ing 30 mts. From any part of the premises, the Board may, by written notice, require the owner of the said premises – a. To make a drain emptying into such public drain or place; b. To remove, cover, augment, replace, or other appliance or thing used or intended to be used for drainage in relation to such existing drain, if such existing drain or appliance or thing is inadequate, insufficient, faulty or injurious to health. (3) Where any premises not provided for in sub-section (2) are, in the opinion of the Boar d, without sufficient means of drainage, the Board may, by written notic e, require the owner of the premises - a. To construct a drain upto poi nt to be prescribed in such notice, which is not more than 30 mtrs. From any parts of the premises; or b. To constructed a closed cesspool or soakage pit and drain or drains emptying in to such cesspool or soakage pit. (4) The provisions of this secti on shall not apply to areas falling within the jurisdiction of the Ne w Delhi Municipal Council or the Delhi Cantonment Board, Military Engineering Services. New Premises not to be erected/ occupied without drainage 34. (1) It shall not be lawful to cons truct or occupy any premises without adequate provision for drainage in accordance with such regulations as may be made in this behalf (2) The board may, if it appears expedi ent to do so, provide for any group or block of premises, to be drained in combination rather than separately. Work to be done by licensed plumber 35. (1) No person other than a licensed plumber shall execute any work connected with water supply and sanitation described in this Act and no person shall permit any such work to be executed except by a licensed plumber; Provided that if, in the opinion of the Board, the work is of a trivial nature, it may grant permi ssion for the execution of such work by a person other than a licensed plumber. (2) The board may make regulations for the guidance of licensed plumbers and a copy of all such regulations shall be attached to every licensed plumber. (3) The board may make regulations for: - a. The exercise of adequate control on all licensed plumbers; b. The inspection of all works carried out by licensed plumbers; and c. The hearing and disposal of complaints made by
Excerpt shown. Open the full act in Lexace.
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