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| Water Supply & Drainage and Sewage Disposal |
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| 202 |
Definitions. - In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have. the respective meanings given below namely
(1) "communication pipe" means
(a) where the premises supplied with water abut on the part of the street in which the main is laid, and the service pipe enters those
premises otherwise than through the outer wall of a building abutting on the street and has a stopcock placed in those premises and as near to' the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock;
(b) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and
includes the ferrule at the junction of the service pipe with the main, and also
(i) where the communication pipe ends at a stopcock, that stopcock;
(ii) any stopcock fitted on the communication pipe between the end thereof and the main;
(2) "main" means a pipe laid by the Corporation for the purpose 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;
(3) "service pipe" means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some tap'
(4) "supply pipe" means so much of any service pipe as is not a communication pipe;
(5) "trunk main" means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits. or for the purpose of giving or taking a supply of water in bulk;
(6) "water fitting" includes pipes {other than mains}, taps, cocks, vanes, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water. |
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| 203 |
Power to require Corporation to carry out surveys and formulate proposals. - The Government may require the Corporation to
(a) carry out a survey of the existing consumption of and demand for water supplies in the City and of the water resources in or available for the City;
(b) prepare an estimate of the future water supply requirements of the City;
(c) carry out a survey of the existing quantity of sewage disposed of and the manner in which it is disposed of;
(d) formulate proposals as to :
(i) the existing or future water supply requirements of the City;
(ii) the existing or future sewage disposal requirements in the city including proposals for the manner in which and the place or places at which such sewage should be carried, treated and disposed of.
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| 204 |
Power to construct additional works. - If the Corporation is of opinion that the works and other properties for the time being vested in it for the purpose of water supply, drainage and sewage disposal are inadequate for the purpose of sufficient supply of water or for the purpose of proper drainage and efficient disposal of sewage under this Act, it may take steps in accordance with the provisions of this Act for the construction of additional works, whether within or without the local limits of the Corporation and for the acquisition of additional properties for such works. |
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| 205 |
Functions in relation to water supply. -(1) It shall be the duty of the Corporation to take steps from time to time-
(a) for ascertaining the sufficiency and wholesomeness of water supplies within the City;
(b) for providing a supply of wholesome water in pipes to every part of[ the City in which there are houses, for the domestic purposes
of the occupants thereof, and for taking the pipes affording that supply such point or points as will enable the houses to be connected
there- to at a reasonable cost, so however, that this clause shall not require the Corporation to do anything which is not practicable at a
reasonable cost or to provide such supply to any part of the City,, where such a supply is already available at such point or points aforesaid;
(c) for providing, as far as possible, a supply of wholesome water other. wise than in pipes to every part of the City in which there are houses, for the domestic purposes of the occupants thereof and which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the in. sufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that part.
(2) If any question arises under clause (b) of sub-section ( 1 ) as to whether anything is or is not practicable at a reasonable cost or as to the point 01 points, to which pipes must be taken in order to enable houses to be connected to them at a reasonable cost, or under clause (c) thereof as so to whether a public supply can be provided at a reasonable cost the Corporation shall determine that question and thereupon the Commissioner shall give effect to that determination. |
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| 206 |
Supply of water to connected premises. - (1) The Commissioner may, on application by the owner of any building, arrange for 'supplying water from the nearest main to such building for domestic purposes in such quantities as he deems reasonable, and may at any time limit the amount of water to be supplied whenever he considers necessary.
(2) No additional charge shall be payable in respect of such supply in any Corporation in which a water tax is levied, but for water supplied in excess of the quantity to which such supply is under sub-section (1) limited, and in any other Corporation for all water supplied under this section payment shall be made at such rate as may be fixed by the Government.
Explanation.-A supply of water for domestic purpose shall not be deemed to include a supply
(a)for animals or for washing vehicles where such animals or vehicles · are kept for sale or hire:
(b) for any trade, manufacture or business;
(c) for fountains, swimming baths, or for ,any ornamental or mechanical purpose;
(d) for gardens or for purposes of irrigation:
(e) for watering roads and paths;
(f) for building purposes.
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| 207 |
Power to supply water for non-domestic purposes.-(1) The Commissioner may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down in this behalf by the Corporation on receiving a written application specifying the purpose for which the supply is required and the quantity likely 'to be consumed.
(2) The Commissioner may withdraw such supply at any time if it should appear necessary to do so in order to maintain a sufficient supply of water for domestic purposes. |
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| 208 |
Making connections with municipal water works. -(1) Where an application under section 185 or section 186 has been received, all necessary communication pipes and fitting shall be supplied by the Corporation and the work of laying and applying such communication pipes and fittings shall be executed by Corporation agency under the orders of the Commissioner; but the cost of making any such connection and of all communication pipes and fitting so supplied and of all works so executed, shall be paid by the owner or the person making such application. The Corporation may either provide a meter and charge rent for the same or may requite the owner or applicant to provide a meter of such size, material and description as it shall approve.
(2) Notwithstanding anything in sub-section ( 1 ), the Commissioner may require any owner or person applying for a supply of water to provide all communication pipes and fittings and to carry out at his own cost under his supervision and inspection all the work of laying and applying such communication pipes and fitting. |
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| 209 |
Obligation of owner or occupier to give notice of waste of water:-Any owner or occupier of any building or land. in or on which water supplied under this Act is misused from negligence or other circumstances under his control, or used without permission in excess of the quantity fixed under section 185 or section 1 86, or in which the pipes, mains or other works are out of repair to such an extent as to cause waste of water, shall, if he has knowledge thereof, be bound to give notice of the same to such officer as the Corporation may appoint in this behalf. |
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| 210 |
Cutting of supply to premises. - If any person whose premises are supplied with water, neglects to pay the water-tax or any sum payable, under section 185 or section 186 when due, or to give notice as provided in the last preceding section or will fully or negligently misuses or causes waste of water, the corporation may cut off the supply of water from the said premises. |
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| 211 |
New premises not to be occupied without arrangement for water supply. - It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of the City, in respect of which the Commissioner has given public notice under clause {b) of sub-section ( 1 ) of section 92 to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Commissioner to be adequate for the person who may occupy, or be employed in such premises for their domestic purposes. |
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| 212 |
Public gratuitous water supply. - ( 1 ) The Commissioner, with the approval of the Corporation, may provide gratuitous supply of holesome
water to the public within the City and may, for that purpose, erect public hydrants or other conveniences.
(1) The Commissioner, may, with like approval, close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public. |
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| 213 |
Power to lay mains. -(1) The Commissioner may lay a main whether Within or Without the local limits of the Corporation
(a) in any street;
(b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may. from time.
inspect, repair, alter or renew or may at any time remove any main so laid whether by virtue of this section or otherwise:
Provided that where a consent required for the purpose of this sub-section is withheld, the Commissioner may, after giving the owner
or occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent.
(2) Where the Commissioner, in exercise of the powers under this section lays a main in, over or on any land not forming part of a street or inspects, repairs, alters, renews or removes a main so laid down in, over or on any such land, he shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reasons of the inspection, laying, repair, alteration, renewal or removal of the main. |
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| 214 |
Power to lay service pipes etc.
(1) The Commissioner may, in any street, whether within or without the local limits of the Corporation, lay such service pipes with such stopcocks and other water fitting as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise.
(2) Where a service pipe has been lawfully laid In, over or on the land not forming part of a street, the Commissioner may from time to time enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action. |
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| 215 |
Provision of fire hydrants. - ( 1 ) The Commissioner shall fix hydrants on water mains {other than trunk mains) at such places as may be most convenient for affording supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.
(2) To denote the situation of every hydrant placed under this section, letters, marks or figures shah be displayed prominently on some wall, building or other structure near such hydrant.
(3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as .he deems necessary.
(4) The Commissioner may, at the request and expense of the owner or occupier of any factory, workshop, trade premises or place of business, situated in or near a street in which a pipe is laid {and not being a trunk main and being of sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order and from time to 'time to renew one or more fire hydrants, to be used only for extinguishing fires as near as conveniently may be to that factory, workshop, trade, premises or place of business.
(5) The Commissioner shall allow all persons to take water for extinguishing fires from any pipe on which a hydrant is fixed without any payment. |
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| 216 |
Power of Corporation to require owners of premises to set up pumps, etc, -The owner of every premises connected with the municipal water works shall, when so required by the Commissioner, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the topmost storey of such premises. |
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| 217 |
Power to enter premises to detect waste or misuse of water. – The Commissioner or any Corporation officer authorised by the Commissioner in writing may, between sunrise and sunset; enter any premises supplied with water by the Corporation in order to examine if there be any waste or misuse of such water and the Commissioner or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination. |
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| 218 |
Power to test water fittings. - The Commissioner may test any water fitting used in connection with water supplied by the Corporation. |
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| 219 |
Power to close or restrict use of water from polluted source of supply. -
(1) If the Commissioner is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the Corporation, being water which is or is likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, or is likely to become so polluted as to be prejudicial to health the Commissioner may after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order, direct that thesource of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom.
(2) Before making any order under this section, the Commissioner may cause the water to be analysed at the cost of the Corporation.
(3) If the person to whom an order is made under this section fails to comply therewith, the Commissioner may do whatever may be necessary for giving effect to the order, and any expenses reasonably incurred by him in so doing may be recovered by him from the person in default as an arrear of tax under this Act. |
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| 220 |
Water pipes etc., not to be placed where water will be polluted. -
(1) No water pipes shah be laid in a drain or on the surface of an open channel or house gully or within six meters or a cesspool or in any position where the pipe is likely to be injured or the water therein polluted: and no well or tank and except with the consent of the Commissioner, no cistern shall be constructed within six meters of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted. |
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| 221 |
Joint and several liability of owners and occupiers for offence in relation to water supply. - If any offence relating to water supply is
committed under this Act on any premises connected with the municipal water works, the owner, the person primarily liable for the payment of the water tax, and the occupiers of the said premises shall be jointly and severely liable for such offence. |
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| 222 |
Public drains etc. to vest in Corporation.
(1) All public drains, all drains in, alongside or under any public street, and all sewage disposal
works whether constructed out of the Corporation Fund or otherwise, and all works, material and things appertaining thereto, Which are situated in the City shall vest in the Corporation.
(2) All public and other drains which are vested in the Corporation are hereafter in this Act referred to as municipal drains.
(3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage disposal work so much of the sub-soft' disposal work so much of the sub-soft appertaining thereto as may be necessary for the said purposes shall be deemed also to vest in the Corporation.
(4) All drains and ventilation-shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up out of the Corporation Fund in or upon premises not belonging to the Corporation, whether-
(a) before or after the commencement of this Act,
(b) for the use of the owner or occupier of such premises or not, shall unless the Corporation has otherwise determined, or does at any time otherwise determine, vest and be deemed always to have vested in the Corporation. |
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| 223 |
Control of drains and sewage disposal works.
(1) All municipal drains all sewage disposal works and works, materials and things appertaining thereto shall be under the control of the Commissioner.
(2) The Commissioner shall maintain and keep in repair all municipal drains and sewage disposal works and when authorised by the Corporation in this behalf, shall construct as many new drains and sewage disposal works as may from time to time be necessary for effectual drainage and sewage disposal. |
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| 224 |
Certain matters not to be passed into municipal drains.
(1) No person shall throw, empty, return into any municipal drain or into any drain communicating with a municipal drain
(a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment anddisposal of its contents;
(b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade being refuse or steam
which or a liquid which when so heated, is either alone or in combination with the contents of the drain, dangerous or the cause of a
nuisance, or prejudicial to health;
(c) any dangerous petroleum.
(2) In this section, the expression "dangerous petroleum" has the same meaning as in the Petroleum Act, 1934. |
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| 225 |
Application by owners and occupiers to drain into municipal drains.
(1) Subject to such conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within the City may apply to the Commissioner to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface water from those premises or that private drain:Provided that noting in this sub-section shall entitle any person to discharge directly or indirectly into any municipal drain
(i) any trade effluent from any trade premises, except in accordance with bye- laws made in this behalf; or
(ii) any liquid or other matter the discharge of which into municipal drains is prohibited by or under this Act or any other law;
(b) where separate municipal drains are provided for foul water and for surface water, to discharge directly or indirectly
(i) foul water into a drain provided for surface water;
(ii) except with the permission of the Commissioner, surface water into drain provided for foul water; or
(c) to have his drains made to communicate directly with a storm-water overflow drain.
(2) Any person desirous of availing himself of the provisions of sub-section
(1) shall give to the Commissioner notice of his proposals, and at any time within one month after receipt there of the Commissioner may by notice to him refuse to permit the communication to be made, flit appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage system, and for the purpose of examining the mode of construction and condition of the drain he may, if necessary, require it to be laid open for inspection.
(2) The Commissioner may. if he thinks fit, construct such part of the work necessary for having a private drain made to communicate with a municipal drain as is in or under a public street and in such a case. the expenses incurred by the .Commissioner shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of tax under this Act. |
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| 226 |
Drainage of un drained premises. _ (1) Where any premises are in the opinion of the Commissioner, without sufficient means of effectual
drainage and a municipal drain or some place approved by the Commissioner for the discharge of fifth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any part of the said premises, he may, by written notice, require the owner of the said premises-
(a) to make a drain emptying into such municipal drain or place;
(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purpose of gatheringand receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually
flushing such drain and every fixture connected therewith;
(c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health;
(d) to provide a close drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of
any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health;
(e) to provide a set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering
and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts, by down take pipes so as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises;
(f) to carry out any work to improve or re-model an existing drain which is inadequate, insufficient or faulty.
(2) Where in any case not provided for in sub-section
(1) any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage he may, by written notice, require the owner of the premises
(a) to construct a drain upto a point to be prescribed in such notice but not at a distance of more than thirty metres from any part of the
premises;
(b)to construct a close cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit.
(3) Any requisition for the construction of any drain under sub-section
(2) may contain any of the details specified in sub-section |
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| 227 |
New premises not to be erected without drainage. - It shall not be lawful to erect or to re-erect any premises in the City or to occupy any such premises unless
(a) a drain be constructed of such size, materials, and descriptions at such level and with such fall as shall appear to the Commissioner
to be necessary for the effectual drainage of such premises;
(b) there have been provided and set up on such premises, such appliances and fittings as may appear to the Commissioner to be
necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same
off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.
(2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty metres from the premises; but if no municipal drain is situated within that distance then such drain shall empty into a cesspool situated within that distance to be specified by the Commissioner for the purpose. |
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| 228 |
Power to drain group or block of premises by combined operation.
(1) If it appears to the Commissioner that any group or block of premises may be drained more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within thirty metres of any part of that group or block ofpremises, the Commissioner may cause that group or block of premises to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section
(1) in respect of 'any group or block of premises shall be paid by the owners of such premises in such proportion as the Commissioner may determine and shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days before any such work is commenced, the Commissioner shall give to each such owner-
(a) written notice of the nature of the proposed work,
(b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him.
(4) The Commissioner may require the owners of such group or block of premises to maintain the work executed under this section |
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