The Mizoram Water Tariff Act, 1991.

NOTIFICATION
No.H. 12018/3/91-LJD, the 14th March, 1991. The following Act of the Mizoram Legislative Assembly
which received the assent of the Governor is hereby published for general information.
The Mizoram Act No. 4 of 1991.
The Mizoram Water Tariff Act, 1991.
(Received the assent of the Governor of Mizoram on the 4th March, 1991)
AN
ACT
to levy reasonable tariff on the consumption of piped water supply or so in the State of  Mizoram.
Whereas it is expedient to levy water charges connection fee in Mizoram in Supersession of all
earlier orders issued by the Government in this regard and to control and regulate the water supply system
with with a view to promoting a sense of  belonging to the public and meeting a substantial part of the
operational and maintenance expenses of the water supply system.
It is hereby enacted by the Legislative Assembly of Mizoram in the Forty Second Year of the
Republic of India as follows :-
1. (1) This Act may be called the Mizoram W ater Tariff Act, 1991.
(2) It shall extend to the whole of Mizoram.
(3) It shall be deemed to have come into force with effect from 11th Septem-
ber, 1990.
2. In this Act, unless the context otherwise required :-
V ol XX Aizawl, Tuesday 19.3.1991 Phalguna 28. S.E. 1912 Issue No. 52
Regd. No. NE 907
Short title extent,
and commence-
ment
Definitions
(a) “Consumer" means an owner of the land and buildings to which piped
connection for supply of water has been provided by the Department under this Act,
and includes a tenant or lessee of such owner :-
(b) “Department” means the Public Health Engineering Department
(c) Executive Engineer means the Executie Engineer Deepartment incharge
of a Division in Public Health Engineering Department.
(d) “Government" means the Government of Mizoran
e) Ground Floor" means the floor at the road level.
(f) “Semi-Urban Areas" means the areas declared as Sub-Town
(b) The Mizoram Revenue and Settlement Department;
(g) "Urban Areas" means the areas declared as urban areas by the
Government in oficial gazette;“Consumers of
3. On and from the commencement of this Act, Water tariff fees and other charges
shall be levied in respect of lands and buildings of a consumer in urban or semi-urban
areas;
(a) to which water supply is provided by the Department or which are con-
nected by means of pipes from water tanks or mains of the Department; or
b) where water supply is made available by the Department through pipes,
public water points or Hand Pump Tube wells or by any other means.
4. (a) Any person having own land or building within the urban new and sem-
urban areas where water supply facility is made available by the Department may
apply to the Executive Engineer concerned  in prescribed form for pipe water connec-
tion;
(b) The application so received shall be recorded by cerned Executive Engi-
neer who shall submit  the same to the Government or any other officers authorised in
this behalf for sanction if technically found feasible.
(c) After obtaining sanction of the Government or the authorised officer, the
concerned Executive Engineer shall prepare estimate after detailed site inspection/
mesurement as may be necessary. The estimate so prepared will among others include
cost of materials, wages of labour.
Consumer of
W ater
Procedure of
new Water Con-
nection
Short title ex-
tent, and com-
mencement
Ex-52/91 - 2 -
(d) The etimate duly approved by the Executive Engineer shall be submitted
to the applicant who will deposit the amount under the Head-Deposit-II1 After the
estimated amount is deposited, the concerned Executive Engineer shall cause to pro-
vide water connection as expeditiously as posible and allot a definite consumer num-
ber :
(e) The Water Connection shall be ordinarily provided from the supply tank,
In case, this is not feasible, the concerned Executive Engineer shall obtain approval of
the concerned Superintending Engineer for providing water connection from other
than supply tank;
(f) A galvanised Iron Pipe of 15 millimeter diameter or 20 millimeter diam-
eter of medium quality shall be normally used for providing water connection. In the
event of any requirement of bigger size of Galvanised Iron Pipe, the concerned Execu-
tive Engineer shall obtain prior approval of concerned Superintending Engineer;
(g) The water connection shall be provided to the ground floor or any other
floors below the ground floor of any building only.
5. (a) No applicant under clause (a) of section 4 shall be given a new Water Con-
nection unless such applicant makes payment for new connection fee and all other
charges within 30 day of the receipt of the Bill form the Department;
(b) The monthly water charges shall be payable within the stipulated time limit
to be reflected in the bill which will not normally exceed 30(thirty) days from the date
of issue of the Bill;
(c) Simple interest at the rate of 18% per annum on total amount due shall be
levied if not paid within the stipulated period;
(d) The fee from consumer other than the owner of piped water connection
as in clause (b), (c) and (d) of section 6 shall be collected without prefering any bill
byan officer of persons designated and authorised by the Department in writing for the
purpose.
(e) In the event of any default in the matter of payment of water charges, fees,
etc., the water connection shall be liable for disconnection.
(f) Any sum due from a Consummer on account of supply of water and
charged under section 6 and interest, if any, if not paid within the prescribed time and
and in the prescribed manner, shall be recoverable by the State Government as an
arrear of land revenue from the defaulting consummer of his heirs of assigns as the case
may be.
Collection of tar-
i f f , f e e a n d
charges
Short title ex-
tent, and com-
mencement
Ex-52/91- 3 -
6. The rate of water turiff fees and charges levied shall be same for all purposes
and paid by a consummer as follows :-
(a) A new connection fee of Rs. 500/- (Rupees five hundred only) for each
new pipe woter connection;
b) Re. 0.025 (Two and half paise) only per Gallon per piped water connec-
tion shall be charged as tariff for supply mayimum 3000 (three thousand) Gallons per
month per piped water connection for lands or buildings of the consummer subject to
minimuin charge of Rs. 75.00 (Rupees seventy five) anly per month:
(c) Rs. 0.07 (Seven paise) only per Gallons per piped water connection for
supply of water in excess of 3000 (Three thousand) Gallons but not exceeding 9000
(nine thousand) Gallons por month to the consumer;
(d) Re 0.10 (ten pais) only per Gallon per piped water connection supply of
water in excess of 9000 (nine thousands) Gullons per month to the consumer:
(e) Rs. 5.00 (Rupees five) only per month shall be charged to each of con-
sumer from public point and Hand Pump Tubewells in all urban and seni-urban areas:
(f) Re. 0.07 (seven paise) only shall be charged only per Gallon if water is
purchased from the Department.
7. The Government shall provide water meter for Water connection as far as  pos-
sible irrespective of whether the consummer asked for it or not. However, the reading
of metters indicating the quantity of consumption of water shall be presumed to be
correct unles the contrary is proved and in case of dispute, the decission of the De-
partment shall be final.
8. No water shall be except for the purpose for which water supply is provided.
9. (1) No owner of occupier of any land of building to which water is supplied
by the Department shall either wilfully or negligently of otherwise suffer such water to
be wasted or shall suffer pipe, taps, works and fitting for the supply of water to remain
without repair so as to cause wastage of water.
(2) No person shall cause wastage of water misuse of public stand posts,
pipes, drinking foundation of hydrants.
(3) Whenever Executive Engineer has Engineer has reasons to believe that as
result of any defect in pipes, taps or fitting connected with water supply, the water
supply to the land or building is being wasted, he may, by a written notice,  require the
owner or occupier of the land or building within such period as may be notified in the
notice to repair and make good the defect.
Water Meters
Restriction on the
use of water
Prohibition and
prevention of
wastage of Wa-
ter
Rates of fees,
charges, etc.
Ex-52/91 - 4 -
(4) If the repairs are not effected within the time specified in the said notice,
as in sub-section (3) of this section the Executive Engineer may cause such repairs to
be made in order to stop wastage of water. The cost of such repairs shall be recovered
from the owner of the occupier of the land building as an arrear of water charges.
(5) No owner or occupier of any land or building in or on which the water is
supplied by the Department under this Act is misused either wilfully or negligently for
which pipes, mains or other works are out of order to such an extent as to cause
wastage of water, shall, if he has knowledge thereof, be bound to give notice of the
same.
10 (1) No person shall damage or cause damage to water Reservoirs, mains,
pipes or other appliances for supply of water under the management or control of the
Government.
(2) No person shall draw off or divert any water from Water Reservoir, mains,
pipes or hydrants under the management and control of the Government.
(3) No person shall tamper with any meter or valves provided by the Depart-
ment.
(4) No person shall open or keep open the valves or any water works of he
Department used for supply of water to the public.
(5) No person having opened such valve shall fail to close the same tamper
with any valve or hydrant not intended for supply of water to the public.
11. (1) Notwithstanding anything contained in this Act, the Executive Engineer
may cut off the connection of any waterwork of the Government to any land or build-
ing to which water is supplied from such works or may turn off such supply, for any of
the following cases namely :-
(a) if the land or building is unoccupied ; or
(b) if after receipt of a written notice from the Executive Engineer requiring
him to retain from so doing the owner of accupier the land or building continues to use
the water or permit the same to be used there contravention of this Act, or any regula-
tion made there under ; or
(c) if the owner or occupier of any land or building to which water supply is
made by the Department refuses to admit any officer or employee of the Government
duly authorised in that behalf into the land or building for the purpose of making any
inspection to water supply or prevent such officers or employees from making such
inspection; ; or
Misuse and
causing damage
to water-works
valves and hy-
drants
Power of Execu-
tive Engineer to
dut off or turn off
supply oa water
to land and
building
Ex-52/91- 5 -
(d) if the owner or occupier of the land or building wilfully or negligently in-
jures or causes demage the mater of any pipe or tap conveying water from any works
or the Government ; or
(e) if any pipes, works or fitting connected with supply of water to the land or
building is found, on examination out of order to such an extent as to cause such
wastage of water that immediate prevention is necessary: or
(f) if by reasons of leak in the service pipe or nitting, damage is caused to a
public street and immediate prevention is necessary: or
(g) if there is any water pipe situated within the land or building to which no
tap or other efficient means of turning the water off is attached;
Provided that except in the case where by reason of any of the circumstances
referred to in clauses (a), (b), (c), (d), (e), (f), and and (g) of this section, there is a risk
of contamination of water, the Executive Engineer shall not cut off such connection or
turn off such supply unless notice of not less than 24 hours is given to the owner or
occupier of the land or building as the case may be.
(2) No action taken under or in pursuance of this section shall relieve any
persons from any penalties or liabilities, which he otherwise may have incurred.
(3) The expense of cutting off the connection or turning off the water and or
restoring the same as referred to in sub-section (1) shall be paid by the owner or
accupier of the premises.
12. If any person contravenes any order made under section 9 and 10, shall be
guilty of an offence triable by Magistrate of the first class and on conviction, shall be
liable
(a) in the case of an order made with reference to sub-section (1) and (2) of
section 9 and sub-sections (1), (2) and (3) of section 10, to punishiment with impris-
onment for a term which may extend upto six months and shall also be liable to fine not
exceeding one thousand rupees;
(b) in the case of an order made with refercence to sub-section (4) and (5)
of section 10 to punishment with imprisonment for a term which may extend to 3
months and shall also be liable to fine not exceeding five hundred rupees:
Provided that none of such contraventions as mentioned above shall be
deemed to be a cognizable offence as defined in the Code of Criminel Procedure,
1973:
Ex-52/91 - 6 -
Provided further that if the Court is of the opinion that sentence of fine
only will meet the ends of justice, it may for reasons to be recorded refrain from
sentence of imprisonment.
13 (1) The Superintending Engineer or such other officer not below the rank of
Executive Enginear or such other officer may be authorised by the Government in that
behalf shall have the power to decide all disputes relating to the liability for the payment
of tariff, fees, and other charges of exemtion therfrom.
(2) Subject to the decision in appeal before such authority as may be consti-
tuted by the State Government in that behalf by a duly notified order in the Mizoram
Gazette, preferred within three months from the date of the order under sub-section
(1) above and such order shall be final.
14. (1) The State Government may make rules for the purpose of carrying into
effect the provisonsof this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for:
(a) the manner of cellection and payment to the State Government of the
water tariff, fees and charge in section 5;
(b) the matter relating to consumption and fixation of water tariff, fees and
charges including marginal adjustments whether covered specifically by section 6 or
not;
(c) the manner and procedure of entertainment and disposal of the disputes
and the appeals therefrom as provided in section 13;
(d) manner of maintenanee of records, returns etc. and prescription of forms
necessary thereof :
(e) any other matter for which provision is  in the opinion of the State Gov-
ernment necessary to be for giving effect to the provisions of this Act.
15. The State Government shall have the power to exempt any person or institution
or Government body or Organisation from payment of any tariff, fees or charges for
having water supply connection and consumption thereby from the Department in the
cases as willdeem in section 6 from time to time by way of necessary amendment.
16. If any defficulty araises in giving effect to the provisions of this Act,  the State
Goverument shall have the power as occasion may arise, by order to do anything not
Disputes be-
tween the De-
partment and the
consumer
Power to make
rules
Ex-52/91- 7 -
inconsistent with the provisions of this Act which may appear to it necessary for the
purpose of renmoving the difficulty.
17. (1) The Mizoram W ater Tarift Ordinance 1990 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the
Ordinance so repealed shall be taken into account as action taken or done under this
Act.
K.N. Srivastava,
Secretary to the Govt, of Mizoram,
Law, Judicial & Parliamentary Affairs DEptt.
Published and Issued by Controller, Printing & Stationery Department, Government of Mizora “
Printed at the Mizoram Government Press,  Aizawl. C-700
Ex-52/91 - 8 -

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