Bombay Irrigation (Poona Water Supply) Rules, 1955

The Bombay Irrigation (Poona Water Supply) Rules, 1955

Published vide Notification No. G. N., P.W.D., No. WST. 5254, dated 28th January, 1955 (B. G., Part 4B, p. 699)

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LEGISLATIVE HISTORY 6

 

·  Amended by G. N., I. & P.D., No. WST. 6063/77983/PH-(I), dated 26th May, 1967 (M.G., Part IV-B, p. 1518)

In exercise of the powers conferred by section 70 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879), and in supersession of Government Notifications in the Public Works Department, No. 1250/36, dated the 18th February, 1938 and No. WST. 5254, dated the 3rd August, 1952, the Government of Bombay hereby prescribes the following rules for regulating the supply of water from the Government Water Works at Poona, namely :-

1. (1) These rules may be called the Bombay Irrigation (Poona Water Supply) Rules, 1955.

(2) They shall apply to the supply of water from the Government Water Works at Poona to the Military Cantonments and the Civil Stations of Poona and Kirkee including Bopodi, Chikalwadi and Pashan.

(3) They shall come into force with effect from the date of publication of this Notification in the Bombay Government Gazette.

2. The Executive Engineer, Central Public Health Works Division (hereinafter referred to as the "Executive Engineer") is responsible for all matters connected with the water supplied from the Government Water Works at Poona.
3. All water supplied shall be charged according to the quantity consumed, as registered by a meter, except-

(a) in cases covered by rule 12, or

(b) in cases provided for by the special orders of Government

4. (1) Application for attachments and detachments to the water mains shall be made to the Executive Engineer in the forms prescribed by him.

(2) Where the application is made by the owner of the property, 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 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 conditions of sub-rule (2), be sanctioned by the Executive Engineer, provided that three months' amounts of water charges as estimated by him in accordance with rule 8, 9 or 12 as the case may be are paid in advance as a deposit. The usual water charges in this case shall be paid by the applicant on the prescribed dates under the rules and, if they are not so paid, they may be recovered from the deposit. The balance of the deposit, if any. shall be returned only after the attachment is closed and all arrears of water rates are paid.

5. (1) Attachments to the water mains shall always be made by the Executive Engineer, according to specifications which may be laid down from time to time.

(2) The following fees shall be paid in advance in respect of the attachment shown against them:-

Diameter of attachment			Fee
			Rs.
⅜ “	...	...	4
½ “	...	...	5
¾ “	...	...	6
1“	...	...	8
1 ½ “	...	...	14

Attachment having 2" diameter or more shall be charged as per estimate on application.

(3) In case the attachment is cut off for non-payment of fees or for any other cause, the following penalty shall be paid in advance before the water supply is re-opened:-

Diameter of attachment			Penalty
			Rs.
⅜ “	...	...	2
½ or ¾ “	...	...	3
1“	...	...	4
1 ½ “	...	...	5

(4) All service pipes from the attachment on a Government water main to the premises of a house or bungalow must be laid by the owners of the properties according to the specifications of the Executive Engineer through the agency of licensed plumbers.

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

6. When an application for closing an attachment is made, the applicant may, at his option, pay in advance, a fee at half the rates fixed under sub-rule (3) of rule 5 for re-opening the attachment subsequently. The amount will cover the cost of closing and re-opening the water supply.
7. In case an owner provides a stop cock on the service pipe at reasonable distance from a Government water main behind the meter no detachment fee shall be charged in case any repairs to the service pipe system are required to be carried out but an intimation to the Executive Engineer should invariably be given before any such repairs are carried out.
8. Save as provided in rule 18, water supplied and sold by meter shall be charged at the rate of [70 Paise]per 1,000 gallons for domestic water supply and [Rs. 1.40 (P.)] per 1,000 gallons for non-domestic water supply or at such revised [rates] as shall be determined by Government from time to time.

The total monthly charge under this rule shall be in addition to the rent in respect of the meter which shall be charged according to the provisions of rule 9 but always subject to the following minima:-

Diameter of attachment			Charges per mensem
			Rs.
⅜ “	...	...	[2.50
½ “	...	...	3.75
¾ “	...	...	7.50
1 “ and above	...	...	11.25]

9. Meters shall be provided and fixed at the expense of Government and rent shall be charged as follows:-

Diameter of attachment			Monthly rent for a meter
			Rs.	a.	p.
⅜ “	...	...	0	8	0
½ “	...	...	0	8	0
¾ “	...	...	0	12	0
1 “	...	...	1	0	0
1 ½ “	...	...	1	8	0
2 “	...	...	2	0	0
2 ½ “	...	...	2	8	0
3 “	...	...	3	0	0
4 “ and above	...	...	4	0	0

10. The meter shall wherever practicable be fixed close to the premises of a house or within the compound of a bungalow or at the site shown by the owner, his agent or any responsible person, at whose instance water is supplied and the owner of the premises shall be liable for any damage to the meter and for the cost of all repairs except those due to fair wear and tear. The owner shall keep the meter box in a clean condition and if he fails to do so any expense incurred in cleaning it to enable the reading to be taken shall be recovered from him.
11. If, on examination, any meter is found to be out of order the quantity consumed during the period commencing from the date of the last reading and ending on the date on which the meter is repaired or a new meter is attached shall be calculated on the basis of the average daily consumption of the period last registered 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.
12. (1) (i) In the case of small houses without gardens, where meters are not fixed, water supplied shall be charged for as follows:-

For each tap fixed to a service pipe which is connected to an attachment having -

Diameter of attachment			Rate per mensem
			[Rs. P
(i) ⅜ " diameter	...	...	1.25
(ii) ½ " diameter	...	...	2.50]

(ii) The above rate shall apply only in the case of the draw-off from one point only. i.e., from one stand-post, one tap or any other method of draw-off from the service pipes attached to the Government water main. 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 for the tap fixed to the similar service pipe referred to in clause (i).

(iii) The same rates shall be paid for every additional stand-post, tap or other method of draw-off from the same attachment.

(iv) If an owner fails to intimate that he has increased the number of his taps, he shall be charged for the additional taps from the date of the previous verification of his taps.

13. (1) When a house is vacant only one-half of the rates prescribed in rule 12 shall be charged from the date of receipt of a written intimation of the vacancy in the office of the Executive Engineer. The intimation should be repeated (if the house continues to remain vacant) at the commencement of each succeeding quarter.

(2) The Executive Engineer may, if he considers it advisable, order the attachment to a vacant house to be closed, in which case no charge shall be made for water. The charge for renewing the attachment to the premises shall be made in accordance with the provision of sub-rule (3) of rule 5.

(3) If a tap is not required, the owner may remove the same and fix on iron plug in its place. When this is done no charge shall be made from the date on which written intimation to that effect is received in the office of the Executive Engineer and verification to that effect is made.

(4) If at the time, it is found by the Executive Engineer that the plug has been removed or tampered with, without prior intimation to the department, water charges at prescribed rates for the entire period from the date on which the intimation of the plug having been fixed was given shall be recovered.

14. (1) If the Executive Engineer considers it advisable a meter may be fixed 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 may thereafter be made in accordance with rules 8 and 9.

(2) Similarly in cases in which water is charged for in accordance with rule 8, the Executive Engineer may remove the meter when requested to do so by the owner of a house provided the Executive Engineer is satisfied that the removal of the meter is not likely to reduce the charges for water consumed below the sanctioned rale.

15. (1) Rates charged under rule 12, shall be payable in advance in four equal quarterly instalments not later than 15th April, 15th July, 15th October and 15th January. Should a refund be claimed under rule 18, it shall be granted for a period of not less than half of a month.

(2) In respect of charges under rules 8 and 9, bills shall be prepared in the office of the Executive Engineer in the name of the landlord generally and in the name of the tenant if the connection is given to him on his responsibility after receiving a deposit and posted monthly.

(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 rate 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. (1) The Executive Engineer shall have power to disconnect the service pipe between a private pipe and a Government water main in any of the following events:-

(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 of a house or occupier who is supplied with water under rule 8 or rule 12, shall, without the previous sanction of the Executive Engineer, permit the supply of water to persons other than those residing on the premises or shall use the water for purposes in contravention of the conditions for which it is supplied; provided that the water shall not be stopped unless six days' printed or written notice is previously given by the Executive Engineer;

(c) If the leakage or other defects in the private service arrangements is likely to cause loss to Government;

(d) If water shall be allowed to run to waste after the owner or the occupier shall have been warned in a printed or written notice by the Executive Engineer not to allow it to do so:

(e) In the case of broken pipes or fittings causing loss of water likely to cause damage to property after such notice as may be possible has been given;

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

(g) If the owner of a house fails to embed pipes which are exposed or are lying above the ground surface, in a manner approved of by the Executive Engineer, or to remove pipes from the place which in the Executive Engineer's opinion would cause contamination of water supply, or if he refuses to clean pipes which are obstructing and contaminating the water supply in each case within a period of forty-eight hours from the date of issue of a written notice by the Executive Engineer or his authorised representatives;

(h) If any new service pipes are laid or any extension or alteration or repairs to service pipes is carried out by any other person than a plumber licensed by the Executive Engineer;

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

(j) If the owner fails to provide suitable arrangements to the satisfaction of the Executive Engineer for the proper disposal of the waste water which otherwise 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 fixed 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. Tanks for storing water from unmetered attachment to the water mains shall not be fixed without the sanction of the Executive Engineer, and if so fixed, the owner shall be liable to be charged at the discretion of the Executive Engineer, for taking water in an unauthorised manner from the date of the previous verification of his taps.
18. Quantity of water to poor persons entitled to free water supply shall be limited to such quantity as may be decided by Government in each case and the excess shall be charged for at annas 9 per 1,000 gallons.
19. (1) Subject to sub-rule (3) of rule 4, the owners of the property shall be solely responsible for the payment of all rents and charges, preferred under these rules. The Executive Engineer may, however receive payment from an agent or a tenant duly authorised by the owner of the property who, in all cases, shall, however, be held responsible for default in payment by his agent or tenant.

(2) If any payments due under these rules on a house or property which is sold or whose ownership is transferred remain in arrears, the supply of water shall be stopped until the arrears are paid.

20. In the event of any water being 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.
21. If the owner or a tenant of the premises considers that the meter fixed to his attachment is not registering correctly and requires the same to be tested this will be done on his paying a meter testing fee as follows:-

Diameter of attachment			Fee
			Rs.
⅜ “	...	...	3
½ “	...	...	3
¾ “	...	...	3
1 “	...	...	3
1 ½ “	...	...	5
2 “	...	...	5
2 ½ “	...	...	5
3 “	...	...	10
3 ½ “	...	...	10
4 “ and above	...	...	10

If the meter on testing is found to register incorrectly, i.e., fast or slow beyond a margin of 5 per cent, either way the testing fee shall be refunded and the water rate bill corrected at the discretion of the Executive Engineer.

If the meter is found to register correctly, the meter testing fee so paid shall not be refunded.

22. Contractors applying for temporary connections on their own behalf for constructing purposes shall be required to pay deposit and the usual attachment fees in advance. The amount of deposit to be paid shall be fixed by the Executive Engineer. The military, civil or local authorities requesting for attachments on behalf of contractors shall be held responsible for the payment of all charges in connection with attachment and water consumption.
23. If any unauthorised connection be made to the Government water mains or private pipe between the Government mains and the 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.
24. The Executive Engineer shall have power to open any road for the purpose of laying or repairing mains or any departmental repair work or for any other purpose in connection with the distribution of water and shall be responsible for the efficient repairs to the roads, drains, and other things that may have been opened in connection with works referred to herein.
25. Any person committing a breach of clause (b), (c), (h) or clause (i) of sub-rule (1) of rule 16 and of rule 17, shall on conviction by a Magistrate be liable to the penalty provided in section 61 of the Bombay Irrigation Act, 1879 :

Provided that, nothing herein contained shall be deemed to affect the liability of such person to prosecution under any other enactment.