LexThe HIMACHAL PRADESH WATER SUPPLY ACT,1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH WATER SUPPLY ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Water supply scheme.
4. Recovery of cost.
5. Levy of water rates.
6. Handing over of water supply schemes.
7. General control by the State Government.
8. Liability of consumer.
9. Powers of State Government to modify the schedu le
10. Offences under the Act.
11. Power to make rules.
12. Rights of Municipal Committee.
13. Repeal and savings.
THE SCHEDULE
THE HIMACHAL PRADESH WATER SUPPLY ACT, 1968
(ACT NO. 8 OF 1969)
1
(Received the assent of the President on the 24 th March, 1969 and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the 11 th
July, 1969, pp. 643-649)
Amended, repealed or otherwise affected by -
(i) The Himachal Pradesh Adaptation of Laws (State and
Concurrent Subjects) Order, 1973, published in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated the 20
th January,
1973, pp. 91-112, effective from 25 th January, 1971.
(ii) H.P. Act No. 18 of 1978 2, assented to by the Governor on the
26 th April, 1978, publish in the Rajpatra, Himachal Pra desh
(Extra-ordinary), dated 29 th April, 1978, pp. 402-403,
effective from 1st day of April, 1978.
1. For Statement of Objects and Reasons, see the Ra jpatra, Himachal Pradesh (Extra-
ordinary), dated the 13 th August, 1968, p. 822.
2. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated 22 nd April, 1978, p. 384.
2 THE HIMACHAL PRADESH WATER SUPPLY ACT, 1968
(iii) H.P. Act No. 10 of 1983 1, assented to by the Governor on the
20 th April, 1983, published in the Rajpatra, Himachal P radesh
(Extra-ordinary), dated 30 th April, 1983, pp. 508-510.
An Act to provide for the development, control and management of the
water supply works in rural and urban areas of Hima chal
Pradesh.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Water Supply Act, 1968.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(i) 'Beneficiary' means, in respect of any water s upply scheme,
any local authority for the time being deriving, or which is to
derive, benefit from such scheme;
(ii) 'Consumer' means a person who takes water fro m a
beneficiary to whom a water supply scheme may be
entrusted or who takes water from a water supply sc heme
managed directly by the Government;
Explanation .-Consumer does not include a beneficiary.
(iii) 'Co-operative society' means a society regis tered or deemed
to be registered under the provisions of the Himach al
Pradesh Co-operative Societies Act, 1956, (13 of 19 56), or
the Punjab Co-operative Societies Act, 1961, (25 of 1961) as
in force in the areas added to Himachal Pradesh und er
section 5 of the Punjab Re-organisation Act, 1966, (31 of
1966).
(iv) 'Official Gazette' means the Rajpatra, Himach al Pradesh;
(v) 'Government' or 'State Government' means the G overnment
of Himachal Pradesh;
(vi )
2['Gram Panchayat', Panchayat Samiti' and 'Zila Pari shad'
have the meanings respectively assigned to these expressions
1. For Statement of Objects and Reasons see the Ra jpatra, Himachal Pradesh (Extra-
ordinary), dated 19 th March, 1983, p. 341.
2. Substituted for the words sign and figures ‘Gra m Panchayat', Panchayat Samiti'
and 'Zila Parishad' have the meanings respectively assigned to these expressions in
the Himachal Pradesh Panchayati Raj Act, 1952 (6 o f 1953), or the Pradesh
Punjab Gram Panchayat, 1952 (4 of 1953) or the Punj ab Panchayat Samitis and
Zila Parishads Act, 1961 (3 of 1961)” by A.O. 1973.
THE HIMACHAL PRADESH WATER SUPPLY ACT, 1968 3
in the Himachal Pradesh Panchayati Raj Act, 1968 ( 19 (of
1970);]
(vii) 'Local authority' means a co-operative societ y, gram
panchayat, panchayat samiti, zila parishad, municip al
committee or any other authority entrusted by the
Government with the development or control or management
of a water supply scheme;
(viii) ‘Municipal Committee' and 'Notified Area Co mmittee' have
the meanings respectively assigned to these express ions in
1[the Himachal Pradesh Municipal Act, 1968 (19 of 1968)];
(ix) 'Prescribed' means prescribed by rules made u nder this Act;
(x) 'Rural area' means the whole of the territorie s of Himachal
Pradesh with the exclusion of the urban area;
(xi) 'Schedule' means schedule to this Act
(xii) 'Scheme' means a water supply scheme initiat ed under
section 3
(xiii) 'Urban area' means the towns specified in the schedule;
2[(xiv) 'Water rate' means the charge for the time b eing levied by
the Government under section 5 or by the local auth ority
under sub-section (2) of section 6.]
3. Water Supply Scheme.- The State Government may, from time to
time, initiate drinking water supply schemes for th e benefit of the public in
rural and urban areas in Himachal Pradesh and may a lso maintain and
improve the existing water supplies.
3[4. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
4[5. Levy of water rates .- (1) The State Government shall levy a
water rate for water supplied to a consumer, by a w ater supply scheme
managed directly by the Government or by the benefi ciary to whom the
scheme may be entrusted, at such rates as may be sp ecified by the State
Government, by notification published in the Official Gazette, from time to
time.
(2) The recovery of the water charges shall be effe cted from the
individuals on the basis of flat rate or on the basis of metered connections.
(3) The water rate levied shall, if not paid when d ue, be recovered as
if it were an arrear of land revenue.]
1. Substituted for the words, sign and figure "the Punjab Municipal Act, 1911 as in
force in Himachal Pradesh" vide AO, 1973.
2. Clause (xiv) substituted vide H.P. Act No. 10 o f 1983.
3. Section 4 omitted vide H.P. Act No. 10 of 1983.
4. Section 5 amended vide H.P. Act No. 18 of 1978, effective from 1
st April, 1978
and substituted vide H.P. Act No. 10 of 1983.
4 THE HIMACHAL PRADESH WATER SUPPLY ACT, 1968
1[6. Handing over of water supply schemes. - (l) Where a local
authority is prepared to take over and maintain any scheme as a beneficiary,
the State Government shall hand over the developmen t, management or
control of such scheme to such local authority subj ect to such conditions as
the State Government may deem fit to impose.
(2) The local authority, which takes over a scheme under sub-section
(1) of this section, shall fix water rate as it con siders necessary and shall be
responsible for the efficient management of such scheme.
(3) The water rate that the local authority may fix shall, in no case,
exceed the water rate as may be specified by the St ate Government under
section 5.
(4) The water rate levied by the State Government, if any, shall cease
to have effect on the fixation of such rate by the local authority.]
7. General control by the State Government. - (1) All schemes
taken over by beneficiaries under section 6 shall b e subject to the general
superintendence and control of the State Government and the working of the
scheme shall be liable to periodical inspection by an agency of the State
Government in the prescribed manner.
(2) Should a beneficiary be incompetent to perform, or persistently
make default in the performance of the duties impos ed on it by or under this
Act, or exceed or abuse its powers, or fail or neglect to maintain the scheme in
an efficient manner, the State Government may, by n otification in which the
reasons for so doing shall be stated, take back the development, management,
or control of the scheme from the beneficiary:
Provided that before the notification mentioned in sub-section (2) is
made, the beneficiary shall be given a reasonable o pportunity in the
prescribed manner of showing cause against the action proposed to be taken.
(3) When the development, management and control is so taken back,
the following consequences shall ensue:-
(a) the development, management and control of the scheme
shall, from the date of the notification, vest in t he State
Government;
(b) the water rate levied by the beneficiary shall continue to be
operative until substituted by a fresh water rate f ixed by the
State Government.
(4) The State Government shall review the position, at such intervals
as may be prescribed, but which shall not be less t han one year, and may, if it
shall think fit, at any time, re-entrust the scheme to the beneficiary.
8. Liability of consumer.- ( 1) Any consumer who has a water
connection registered in his name shall be liable t o pay a water rate to the
beneficiary in case a scheme has been handed over t o that beneficiary for
1. Section 6 substituted vide H.P. Act No. 10 of 1 983.
THE HIMACHAL PRADESH WATER SUPPLY ACT, 1968 5
development, management or control of a water supply scheme.
(2) In case there is no beneficiary and a water sup ply scheme is
managed by the State Government directly, the consu mer shall be liable to
pay the water rate to the State Government.
9. Powers of State Government to modify the schedul e.- The State
Government shall have the power to add to, amend, v ary or rescind the
schedule.
10. Offences under the Act.- (l) Whoever, without proper authority,
and voluntarily, does any of following acts, that is to say:-
(a) corrupts or fouls the water of any water supply scheme so as
to render it less fit for the purpose for which it is ordinarily
used;
(b) destroys, damages, alters, obstructs or injures , any dam, well,
embankment, sluice, reservoir, pipe, tap, structure or other
works constructed, maintained or controlled by the State
Government, or by a beneficiary for purification, s torage or
supply of water under a water-supply scheme;
(c) violates any rule made under this Act, for br each whereof, a
penalty may be incurred, shall be liable on convict ion before
a Magistrate of such class as the State Government directs in
this behalf in the prescribed manner, to a fine not exceeding
five hundred rupees or to imprisonment not exceedin g one
month, or to both.
(2) Nothing herein contained shall prevent any pers on from being
prosecuted under any other law for any offence puni shable under this Act,
provided that no person shall be punished twice for the same offence.
(3) Nothing herein contained shall prevent the Stat e Government or
the beneficiary, as the case may be, from recovering damages from the person
who commits any of the acts mentioned in sub-section (1) of this section.
11. Power to make rules.- (1) The State Government may make rules
for carrying out the purposes of this Act.
(2) In partic1uar and without prejudice to the gene rality of the fore
going power, such rules may prescribe for,-
(a) the principles and conditions on which the sche me under
section 3 shall be initiated;
1[(b) the guiding principles to be followed in the f ixation of water
rate under section 5;
(c) the conditions subject to which the water suppl y scheme is to
be handed over to a local authority under section 6;]
1. Clauses (b) and (c) substituted for existing cl ause (b) vide H.P. Act No. 10 of
1983.
6 THE HIMACHAL PRADESH WATER SUPPLY ACT, 1968
1[(d) any other matter which is to be, or may be, prescribed.]
(3) Every rule made, under this Act shall be laid, as soon as may be
after it is made, before the Legislative Assembly w hile it is in session for a
total period of not less than fourteen days which m ay be comprised in one
session or in two or more successive sessions and i f, before the expiry of the
session in which it is so laid or the sessions afor esaid, the Assembly makes
any modification in the rule or decides that the ru le should not be made, the
rule shall thereafter have effect only in such modi fied form or be of no effect,
as the case may be, so, however, that any such modi fication or annulment
shall be without prejudice to the validity of anyth ing previously done under
that rule.
12. Rights of Municipal Committee.- The provisions of this Act
shall not affect the rights of the Municipal Committees enjoyed by them under
2[the Himachal Pradesh Municipal Act, 1968 (19 of 1968)].
13. Repeal and savings.- (1) The Himachal Pradesh Water Supply
Act, 1956 (15 of 1956), as in force in the areas co mprised in Himachal
Pradesh immediately before 1 st November, 1966, is hereby repealed.
(2) Notwithstanding the repeal of the Act under sub -section (1),
anything done or any action taken, including any or ders notifications issued
and rules made in exercise of the powers conferred by or under the said Act
shall, to the extent of being consistent with the p rovisions of this Act, be
deemed to have been done or taken in exercise of th e corresponding powers
conferred by or under this Act.
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THE SCHEDULE
MAHASU DISTRICT
Theog, Rampur, Solan, Jubbal and Arki.
SIRMUR DISTRICT
Nahan, Sarahan, Paonta Sahib, Majra, and Rajgarh.
CHAMBA DISTRICT
Chamba, Bharmour, Chowari, Tissa and Bhandal
MANDl DISTRICT
Mandi, Jogindernagar, Sarkaghat, Sundernagar and Karsog.
BILASPUR DISTRICT
New Bilaspur Township and Ghumarwin.
1 Clauses (c) and (d) omitted and existing clause (e) renumbered as (c) vide H.P. Act
No. 18 of 1978, and again clause (c) was renumbered as clause (d) vide H.P. Act
No. 10 of 1983.
2. Substituted for "the Punjab Municipal Act, 1911 , as in force in Himachal Pradesh”
by AO. 1973.
THE HIMACHAL PRADESH WATER SUPPLY ACT, 1968 7
KINNAUR DISTRICT
Peo, Karcham, Sangla, Kalpa, Pauri, Pangi and Kanam.
KANGRA DISTRICT
Kangra, Dharamsala. Dehragopipur, Palampur, Baijnat h, Una and
Nurpur.
SIMLA DISTRICT
Simla, Kandaghat, Nalagarh, Dharampur and Kasauli.
KULU DISTRICT
Kulu, Manali, Banjar, Nirmand, Ani in Outer Seraj.
LAHAUL AND SPITI
Keylong and Kaza.
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