Maharashtra Irrigation (Pimpri Water Supply) Rules, 1964

The Maharashtra Irrigation (Pimpri Water Supply) Rules, 1964

Published vide Notification No. G. N., I. & P. D., No. TSW. 1359/18270-P-H., dated 12th February, 1964 (M.G., Part 4B, p. 1754)

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In exercise of the powers conferred by section 70 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules for regulating the supply of water from Government water works at Pimpri in the district of Poona, namely:-

1. Short title, application and commencement.- (1) These rules may be called the Maharashtra Irrigation (Pimpri Water Supply) Rules, 1964.

(2) They apply to the supply of water to Pimpri, Pimpri Township, Kasarwadi, Chinchwad, Pimpri Waghere and to such other areas as the Executive Engineer with the previous approval of the State Government may specify in this behalf.

(3) They shall come into force from the date of issue of the Notification.

2. Executive Engineer to be responsible for all matters connected with supply of water.- The Executive Engineer, Public Health Works Division, Poona-1 (hereinafter referred to as the "Executive Engineer") shall be responsible for all matters connected with the water supplied from the water main of the Government Water Works at Pimpri (hereinafter referred to as the Water Main and water means water supplied from that main).
3. Water supplied to be charged according to consumption.- Except in cases covered by rule 12, and in cases provided by the special orders of the State Government, all water supplied shall be charged according to the quantity consumed as registered by a meter.
4. Application to be made for attachments and detachments to water mains.- (1) Any person desiring to have attachments to and detachments from the water main shall make an application in that behalf to the Executive Engineer in the form approved by him.

(2) Where the application is made by the owner of the premises, it may, except where the sanction of a higher authority is required by any rule or order, be granted by the Executive Engineer on the applicant's signing an agreement promising to pay for the water supply at the rates sanctioned by the State Government from time to time and to observe the rules for the time being in force relating to the supply of water.

(3) Where the application is made by a person other than the owner of the property, it may, subject to the provisions of sub-rule (2), be sanctioned by the Executive Engineer on the applicant undertaking to pay three months' estimated water charges in accordance with rule 8, 9 or 12, as the case may be, and the usual water charges on the prescribed dates under these rules.

5. Attachments and fees therefor, etc.- (1) Attachments to the water main shall be made by the Executive Engineer according to the specifications laid down in the Public Works Department Hand Book, from time to time.

(2) In respect of each of the attachments having a diameter specified in column 1 of the Table below, there shall be paid in advance a fee specified in column 2 thereof :-

Table

(3) Where any attachment described in column 1 of the Table below is cut off for any reason (including the non-payment of fee), there shall be paid in advance before re-opening the supply of water the penalty specified in column 2 thereof :-

Table

(4) All service pipes from the connection on the water main to any premises shall be laid by the owners thereof through the agency of a licensed plumber according to the specifications of the Executive Engineer.

(5) All cocks and taps attached to service pipes in any premises shall be of the screwdown pattern and not of the plug pattern.

6. Application for closing water connection.- Subject to the provisions of rule 7, where an application is made for closing a water connection, the applicant may, at his option, pay in advance a fee at half the penalty provided for in sub-rule (3) of rule 5 for re-opening the attachment subsequently. The amount so paid shall cover the cost of closing and reopening the water supply.
7. Detachment fee not to be charged in certain cases.- Where an owner provides a stop-cock on the service pipe at reasonable distance from the Water Main behind the meter, no fee for closing the water supply shall be charged in case any repairs to the service pipes are required to be carried out; but an intimation to the Executive Engineer shall be given before any such repairs are carried out.
8. Rates for water supply.- Subject to payment of meter rent provided for in rule 9, and the minimum charges specified in the Table hereto, there shall be charged 22 np. per 1,000 litres for water supplied by meter for domestic purposes, and 44 np. per 1,000 litres for non-domestic purposes, or such revised rates as may be determined by the State Government, from time to time under the Act.

Table

9. Rent for meter.- In respect of each attachment described in column 1 of the Table below, meter shall be provided and fixed at the expense of Government and meter rent per month shall be charged as specified in column 2 thereof :-

Table

10. Installation of meters.- The meter shall, wherever practicable, be installed close to the premises or within the compound thereof, if any, or at the site shown by the person on whose application the attachment is sanctioned, or his agent and such person shall, except for any reasonable wear and tear, be liable for any damage to the meter and for the cost of all repairs. Such person shall keep the meter box in a clean condition and if he fails to do so, any expense incurred in cleaning it to enable reading to be taken shall be recovered from him.
11. Action to be taken when meter is out of order.- If, on examination, any meter is found to be out of order, the quantity of water consumed during the period commencing on the date of the last reading and ending on the date on which the meter is repaired or a new meter is installed, shall be calculated on the basis of the average consumption during the period immediately before such examination of which the reading has been taken or of the corresponding period of the previous year or any period during which, in the opinion of the Executive Engineer, the consumption was most likely to be similar and of these that whichever is more shall be charged.
12. Charging of water rates where meters are not installed.- (1) Where meters are not installed, and water is supplied from one point only, that is from one stand-post, one tap or any other method, of draw-off from the service pipe attached to the Water Main, then subject to the provisions of this rule, in respect of each attachment having a diameter specified in column 1 of the Table below, water supplied shall be charged at the rate specified against each such attachment in column 2 of the Table :-

Table

(2) The rate for each service pipe attachment leading to a tank, cistern or houd shall, irrespective of the number of taps drawing from the tank, cistern or houd, be the same, as for the tap fixed to the similar service pipe referred to in sub-rule (1).

(3) In cases falling under sub-rule (1), there shall be charged for each additional stand-post, tap or other method of draw-off from the same attachment the same rates provided for in sub-rule (1).

(4) If an owner fails to intimate an increase in the number of his taps he shall be charged for the additional taps from the date of the previous verification of his taps.

13. Charging of water rates where premises are vacant.- (1) When any premises are completely vacant (and not partially) and the owner is not in receipt of rent therefor, then only from the date of receipt of a written intimation of the vacancy in the office of the Executive Engineer, there shall be charged one-half of the rates provided by rule 12 and such intimation shall, if the premises continue to remain vacant, be given at the commencement of each quarter.

(2) The Executive Engineer may, if he considers it advisable, order the attachment to any vacant premises to be closed, in which case no charge shall be made for water.

(3) If a tap is not required, the owner may remove the same and fix an iron plug in its place in which case no charge shall be made, provided that written intimation in that behalf is received in the office of the Executive Engineer eight days in advance and it is duly verified by the Executive Engineer.

(4) If at any time, it is found by the Executive Engineer that the plug has been removed or tampered with, without prior intimation to him, then water charges at the rates provided for the entire period from the date on which the intimation for fixing the plug was given shall be recovered from the owner.

14. Executive Engineer may install meters.- If in the opinion of the Executive Engineer, it is advisable so to do -

(a) he may install a meter to the service pipe from any attachment charged for in accordance with rule 12, and after 24 hours' notice, the charge for the water supply shall be made in accordance with rules 8 and 9;

(b) he may remove the meter when requested to do so by the owner.

15. Payments when to be made.- (1) Rates charged under rules 8 and 12 shall be payable in advance in four equal quarterly instalments not later than 15th April, 15th July, 15th October and 15th January. If any refund is claimed, it may be granted but only in respect of a period of not less than half a month.

(2) In respect of charges provided for in rules 8 and 9, bill shall be prepared in the name of the landlord generally unless, in any case, the tenant has undertaken to pay charges. The Bills shall be sent to persons primarily liable for the same every month.

(3) In order to facilitate the adjustment of accounts between landlords and tenants, the Executive Engineer may, when requested in writing by a landlord, furnish a memorandum showing the consumption and probable charge on account of water rates and meter rent for any broken period of the month or quarter since the preparation of a bill for the preceding month or quarter.

16. Executive Engineer to disconnect service pipe.- (1) The Executive Engineer may disconnect any service pipe in any of the following events, namely :-

(a) In default of payment of water charges and meter rents or of any bill submitted on account of repairs to meters within twenty days after the same has been demanded in writing;

(b) If any owner or occupier of any premises who is supplied with water under rule 8 or rule 12 permits without the previous sanction of the Executive Engineer the supply of water to persons other than those residing on the premises or uses water in contravention of the conditions for which it is supplied, and six days notice in writing of such disconnection with reasons therefor is previously given by the Executive Engineer;

(c) If any leakage or defect in any private service arrangements is likely to be caused loss to Government;

(d) If water is allowed to run waste after the owner or this occupier is warned in writing by the Executive Engineer in this behalf;

(e) In the case of broken pipes or fittings causing loss of water, and likely to cause damage to property after notice has been given to the owner or occupier;

(f) In case of refusal to allow the Executive Engineer or his authorised agents to enter on any premises for the purpose of inspecting service pipes, fittings and other appliance or to take meter readings;

(g) If the owner of any premises fails to embed pipes which are exposed or are laying above the ground surface in a manner approved of by the Executive Engineer, or to remove pipes from the place which, in the opinion of the Executive Engineer, would cause contamination of water supply, or if he refuses to clean pipes which are obstructing or contaminating the water supply, within a period of forty-eight hours from the date of issue of a written notice by the Executive Engineer or an Officer authorised by him in this behalf;

(h) If any service pipes are laid of any extension or alteration or repairs to service pipes are carried out by any person other than a plumber licensed under any law for the time being in force in that behalf;

(i) If a pump or any other contrivance for increasing supply of water through a pipe be unauthorised connected to the service pipe of any premises;

(j) If the owner fails to provide suitable arrangements to the satisfaction of the Executive Engineer for the proper disposal of waste water, which is likely to be insanitary and injurious to public health;

(k) If any attempt is made to obtain water supply direct from the attachment and not through the meter installed by the Executive Engineer;

(l) If any attempt is made to tamper with the meter in any way.

(2) If the water supply is stopped under sub-rule (1), the water rate chargeable for any broken period of a month shall be recovered for the full month.

17. Owners not to install tanks for storing water.- No owner of a premises shall install any tanks for storing water from unmetered attachment to the Water Main without the sanction of the Executive Engineer. The owner who installs any tanks without such sanction shall be charged for taking water in an unauthorised manner from the date of the previous verification of his taps.
18. Owners to be responsible for payment of rent, etc.- (1) Subject to sub-rule (3) of rule 4, all rents and charges shall be payable primarily by the owners of premises to which water is supplied under these rules :

Provided that, the Executive Engineer may receive payment from an agent or a tenant duly authorised by the owner.

(2) If any payments due under these rules remain in arrears for any cause whatsoever, the supply of water shall be stopped by the orders of the Executive Engineer until the arrears are paid.

19. Owners to be liable for waste, etc., of water.- If any water is wasted or used in an unauthorised manner, the owner shall be liable to be charged for a sum not exceeding three times the value of the water estimated by the Executive Engineer to have been wasted or used in an unauthorised manner.
20. Testing fees for meters.- (1) If any owner or tenant desires that the meter fixed to his attachment should be tested, then he shall pay in advance the testing fees specified in column 2 of the Table below, according to the diameter of each attachment specified in column 1 thereof :-

Table

(2) If the meter on testing is found to register incorrectly, i.e.. fast or slow beyond a margin of a 5 per cent, either way, the testing fee shall be refunded and it shall be lawful to the Executive Engineer to correct the water rate bill accordingly.

(3) If the meter is found to register correctly, the testing fee under sub-rule (1) shall not be refunded.

21. Contractors to pay fees.- Contractors applying for temporary connections for construction purposes shall be required to pay the usual attachment fees in advance. The Military, Civil or local authorities requesting for attachment on behalf of contractors shall be held responsible for the payment of all charges in connection with the attachment and water consumption.
22. Persons responsible for unauthorised consumption to be prosecuted.- If any unauthorised connection is made to the Water Main or to private pipe between the Water Main and meter with the object of getting water without payment in whole or in part, the person so consuming water shall be liable to prosecution under section 379 of the Indian Penal Code.
23. Consumers not to claim compensation.- Inadequacy of water to the connection, low pressure thereof or failure of water supply for reasons beyond the control of Government or through act of God shall not entitle the consumer to claim any compensation therefor.
24. Appeal against orders of the Executive Engineer.- Every order passed by the Executive Engineer under any provisions of these rules shall be applicable to the Superintending Engineer, Poona Public Health Circle, Poona :

Provided that, the appeal is presented within thirty days of the date on which the order appealed against is communicated to the applicant.

25. Penalty for breach of rules.- Any person whose service pipe is disconnected for any of the reasons falling under clause (b), (h) or (i) of sub-rule (1) of rule 16 or who contravenes the provision of rule 17, shall, in addition to any other punishment to which he may be liable under any law for the time being in force, on conviction be punished under section 61 of the Bombay Irrigation Act, 1879.