The Manipur Water Supply Act, 1992 (Act No. 1 of 1993)

.,•. • : 1 .' ' llanipu, I ou,u, •:acra,;o, CHNA:Al' PUBLISHED BY aUl1fOJttrY . • U90 f.;bal, .. Tb\lrsday't February . 4. 1993. (Magh/1 15, 1t14) GOVERNMENT OF MANIPUR SECRE'I ARIAT: LAW . & LEO ISLA TIVE A.PR\&S DEPARTMENT ., . ·,.< .. :: '1:'!''f"fi, NO TI FICATIO.N Imphal, the ?th February, 1993 No. 2/33/92-LegiL.-The following Act of the Legislature, Manipur whiah. iemved assent of the Governor of Manipur on 3-2-1993 is hereby publis1!Pd in the Maaiput Guctte. L:;IBGMClfA SINGH; Secretary to the GovetnQleQt of Mauipur • • THE MANIPUR WATER SUPPLY ACT, 1992 ( Manipur Act No. 1 of 1993) AN ACT '" provick for.,,,. regulation .of water 'tupp.ly in the' ?tate. h it e.n?ted !>f ,the.?Iatoie of Manipur in the Fort,-tbird ·yeg:.« the Republic of India as faflows :w ;.., ,... ?tit·"· ,si..J .;r •••• r ®.Tliia1.?t-ll)tj·? lt&ll?? IM,lnp11r Wa.tet:-SupplyAQt, 1992. . · · · · · ? • · · · .. v (bl If shall ?tend' to whole Qf the $tattt9,1'M!!Di?r . . (c) It shall come into force on such. date and in suc??tb.QGo?t?at 8:!.•l':,, r,?. wne to time, notify. . ' ·-? t .,.·., ! ,.c.,. . ' ' ' a;:·? . ';".. ?, .·- . i '! '' ''!. 1,? :....:.:.'fil'tlis Act; ··11alfess fhe · com.exf-014el\\4'e,flf<Pii-?;; · : ?:;,;,2:·oo:r; 1:.. ? :fJ¥,?,·: / 2 (a) uappellato 11utboi'iti'' means 4:n1 · officer ? tbe O:>yetnment may. by notification in the official Gaz¢11e, appoint for the purposes of this Act; (b) "loch.I area" means a Municipality, a notified area or a town area constituted under any law for tie ti.J)e bejag in force and includes such other area as the Government may, from time to time, declare by notification in the official Gazette; (c) ''local authority" means a municipal board, a notify area CtJ'lhnittee ,Of a town area committee consut !td under any- Jaw fo,, the time being in force and includes such other atithcfrity as the Government may;-fro°' -· time to time, declare by boti}}c1.tio!Un1q? om9,ial :}azette; (d) "owner" Includesj-« -::: ::: :-: (i) every person who is entitled .for the time being to receive any rent in respect of the l ind or building ; (ii) a manager on behalf of such person 4 (iii) any agent for any such- person I (iv) an occupier ; {e) ''premises" means any land or building or part of a·· buildiag and includes the garden, ground and outhouse if any appertaining to a building or pan of a building ; (f) ''prescribed'' means prescribed by the rules framed under this Act ; (g) "prescribed authority" means the Executive Engineer of the Public Health Eagineer ing Department or such other officer as the Government may. by notification in the official Gazette, appoint ; • (h) "water works" means a lake, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, main pipe, culvert, engine, hydrant, conduit and machinery, land building or any device for supplying or used for supplying water or for protecting sourcesofwater su15ply and includes such other streams. springs and w.@11ra? the Government may, by notification in "the official Gazette, specify;, 3; Provisions of water:- (a) The Government may provide any area witlr a supply of wholesome water for public, commercial and domestic purposes. (b) Fqr the purpose of such water, s?-:,pJy Jb,e .fiov.ernment ll,l!ly cause to be constructed or maintained such water works as may''be necessary and may erect stand pipes . or eause to be erected by the ?cal ;utharity sufficient and convenient stand pipes, wells or pumps for the use of inhabitants of the local area, 4. su,ply of water other than d9niestkpurposes:-(a) The prescribed 11uth orit:, may, subject to Such conditions as may be'prescrioe9.stipply water.for any PUl'J>Olo. other than a domestic purpose on receiving an appJicatioti: in tfie -pres-ctibed forrri specifying the purpose fo.r which suet.I supply is ,?q?d -M4 the quat1tity likely to be cqnstJmed in connection !herewith; and execution- of a deed by the applicant lo the prescribed manner,: · - · Provided that t? prescribed authority may withdraw such supply at aoy time: if cou1ide?d neoeaa1ry to do so, in Qrder .t<:>maintllin a st1fti(.ie? ?J of ?to• for domestw purposes; · ? ; ? 3 ·• .Provided further that for the purposes of wateriaglawns and .garqens, suppl:, of water shall be made on meter basis or in such <>:th.ermanner" as lll!J.Y t?o? prescribed. ·· ·· · (bJ No person shall, without the written permission of t,b.ePi'esctjbed au?Pri.iy? use water supplied under this section for, any purpose other tha,n thiJ.t f9r whi9.p its use is sanctioned. · · · ., · · · · 5. Supply of water t.o -consnmersr-« The prescribe.9 authority may, oa application by the owner of any .• premises in the pre,ctJ!:>ed manner. and .on execution cf a deed in the prescribed form, arrange for supplying water fn>m tb.o? distribution pipe to him for domesticTpurposes or for other purposes in such quantities as it m<'ly be deemed reasona ble, and may at any timelimit the q?tptity cf water tc'be supplied whenever considered necessary. Explanationi=- A supply of water for domestic purposes shall hQJ be ?ep? to include, a supply, · G (..i) for- animals kept for commercial purposes, or. for washingYebjcles where such vehicles are kept for sale or hire or where such vehicles ate repaire? . serviced or overhauled such as workshops ; (b) for any trade, manufacture or business; (c) for fountain, swimming pools or for any ornamental or mechanical· purpose; (d) for purposes of watering a lawn or garden; . (e) for construction cf building or for filliµgprivate ponds or tanks except· storage ·· reservoir co111tructed for ·domestic use as approved by: the prescribed autbotity. · 6. Disposal of application:- The prescribed authority shall dispose off an application for supply of water within such period as may be prescribed. ·1. Expenses of co11n..ection:=.:.When the request of the applieant for grant o[ water supply is accepted by the prescribed authority under sections 4 and 5, . such applicant shall at his own cost, 'provide all communication and service pipes and fittings .and cause to be carried out all work of laying and jointing such commu nication and service pipes and fittings in the premises for which such connection is sanctioned, s;: Validityof permission:- An order permitting water supply under this Act shall be valid for a period of six moAths from the date of its issue and if tho person . to whom such permission is granted fails to get his P.rem?. fitted -with pipes and necessary connections within the said period, the permission Shall .ht} deemed to . be inPperativo. 9. Notice:- Jl', at anytime, supply ··-Of water u proposed to be stopped for more than forty eight hours /in J1ny,Jocal a?::t,- . .tbe-- P?r? authority ma? inform the general public through mass media or > public notice. . . ··.' ....• , . . . ?->. = 10. Power to lay or carry pipes:...;..The Gbvernment may lay or carry aq pipe, for the purpose or arrangiug .or maintaining supply of. wat«>r. through. across, under or over any public land, road street and may. ataU times do all acts and tbiqs which may be: necessary Qf e)tpedi?ntfor. repairing .QJ"maintaining auch pipes in an effective state for tho purpose for which the 8'1QO,mt, ? used: j ? ' . \ , .4 · l>?vidcd. that sush eie.<;utiqo of w<>rks shall be carried out with least inconvenience to. tho public and within a reasonable tfme: · .. ?yid? r..,.rt? ?at reasonable coiµpep.sationas a?p.ro?edhr .. tho prcs?bed ?1? shall be pai4 to such owner for *'11Ydaµia?e sustained by ti.tm and dmctly Gcoasioned in carrying out such operations: · Provided also that the prescribed authority shall cause not I? thl,Ulfifteen ., ys,. notice in writing to be given to the owner; before commencing any operation under ? si:,ction, ,xcc,pt ? cases, where urgent action is considered necessary? the prescribedautho,ity may, by order dispense with such notice. 11. Charges for water soppJy:-The Government may, from time to time by notifulati&J(l in the official Gazette, fix the flat rate or rates of charges on motere« ? -Ii! .O.fl ·? bas? of number P,f poiots installed or the dimension of water p1po connected or otherwise, payable by Jbe, consumers for supply of water under thll A?; . • Provided th?t t1'e rate Qf char1es for suppJy of wllteroth?r th,?n domestic purposes shall not be less than double the rates char,ed for domestic uses. 12. Meters:-- (a) The preacrib.ed authority may install meter for the purpose of measuring and recording the quantity of water consumed in any premises or by an,y person at the cost of the consumer who will deposit the amount as fixed by the Oovernment, to the Public Health Engineering Department. (b} 'l'he prescribed authority may fix a meter at a convenient point withill the l)IO lllii;esof t?e consumer. 13. Repairs:- All meters, connections. pipes and other wor?s inc?dental to the supply of water to any building or land shall he supplied, repaired.1extended · ?d alt?red . as may be necessary at the expense of the consumer but shall be under the control of the prescribed authority. 14., Separ?n of pr?mi$.esfor water supply:- In any case in which a service line from the main line or ?tribution pipe supplies water to two or more prelllises, tJ;ie prescribed authority way, by written notice require the owners of such premise, to lay separate service pipe, for· the ?rate pre.mises and the expenses thereof ahall be boene by· such owner in ?h proportion as may be d.etermined by the prescribed authority. · · 15, Con..? from conveying main:...,... No ??son shall, at any titDo make or eause to be made any connection from ?veying main. . 16. Indemnity:--- Tlie Government aliill not ? liable .to any damage ? penalty for discontinuing tho supply of water or Anlur tt>:sui,ply water to an, local area if the cause of such failure is beyond the control of the Oovemmenr.: .· 17. Maintenance of ·supply of watff:...,.. The• prescribed authority ?aY., from time to time regulate thir .1mpplyof water under this Act. 18. Structure over water works:- No structure shall be erected over or under ?· water-works without 'the writ&n permissios:a of the preseribed authori™. · ,, \9. ??fJfiti on of aotlv.ie?:? No persQn, ?11. · . ":Ci)• '?ave. tilter, ihjtire, damage or in any way. intbifet••wjth ?ho demvcate4 . ' W&tet'\rofkj; s . • . . t , .... ; 5 (b) carry on within the area aforesaid any operation of manufacture, trad¢ or agriculture or do any act whereby tho water of any such water worka may be rendered less wholesome; . (9) do any other act which the Government may, notify in the official Gazette. . 20. Meter reading;- The prescribed authority may authorise any person to take rcadin1 of meters Installed in any promises to which water is supplied under this Act. 21. Obligation of the owner to give notice of waste of water:- The owner of every premises in which water is supplied for a specific use under this Act and water so supplied is misused within his knowledge shall be bound to give notice of the same to the prescribed authority. 22. Power to enter premises:- (a) Any person authorised in this behalf by the prescribed authority may enter into any premises for the purpose of ?apecting any water installation. (b) If such person is, at any time, refused admittance into such premises. for the aforesaid purpose or is prevented from making such examination, the prescribed authority may, after giving notice of not -less than twenty four hours, cut off the supply of water to that premises; Provided that if. any such place is an apartment in the actual occupancy of a woman who, according to custom does not appear in public, such officer shall, before entering such apartment, give notice to such woman that she is at liberty to with4raw and shall afford her every reasonable facility for withdrawing, and may then enter the apartment. 23. Disconnection of water supply:- (a) Notwithstanding anything contained in this Act, the prescribed authority may cut off the connection of any premises to which water is supplied under this Act or may turn off such supply on any of the following grounds: (i) if, after the receipt of a written notice from the prescribed authority requiring him to refrain from so doing, the owner of the premises continues, to use the water or to permit the same to be used in contravention of thi1 Act or any rule made thereunder; (ii) if any pipe, tap, work or fitting connected with the supply of water to the premises be found, on inspection by an authorised person, damaged or to be out of the repair to such an extent as to. cause IO serious a waste or contamination of water that in the opinion of the prescribed authority immediate prevention .is necessary; or (iii) if there is any water.:pipe situate4 within the premises to which no tap or other eflicjeni mean s o.ftqpaing the water off is attached; or (iv) if, by reason of a leak•sein tho pipe, or fitting, damage is caused f<> the public street and immediate prevention i$ neces?ry; or (? if tho owner of• ,he Pt.m:Pi.eofrefuees or ne,lc,cts ., to · pay a bill of water charges within fifteen days from the. date. ?f the receipS of fhe· bill; or ?, (vi) t if .,tho pr,mises are .1ZP.OFOUl)iad·:Qr· · -- - · ' . (vii) If direct pumping of wafer from the wator 'pipo ; jj dOJ:10· by a consumer • .. ( 1 . (b) ?en .?1t0;?ppl?? b??.,C\J?,Qff Qf turne<toff"!\4,W..qla?.(!) ?. sub ae,ction(a); t? J?,!'<'scr1?ed4Uth?j:«Y.:¥.1f?,,rt?? t,ae.,aµp*. RP.;W?nt of all iums for. non-payment of which tfye supply. ,w?, cuCq!ft... 9r·0?i off plus reconnection fee as may be fixed by tile Government from time· 'to 'Hme. : ; . • . . ; --l · '. , : .. ·, . ?\.·-. , ,, . \ ""·'(c) No action taken under this section shall relieve any ponot(.from any })enalties or liabilities which he may otherwise have incurred. 24. Injuring meter or ftttings:- No person shall injure or stiffer to bl, injured any meter or fitting. 25. Fraud in resped of meteJt; .... No person shall (a) ait?r the meter index,,Of pr?veotany meter fro? recording the ai;tual · · quantity of water supplied; or · (b) abstract or use of water /beforeit has been recorded by the meter. 26. Appeiils:- {a) Subject 16 the provisior.s of sot-section <b), ? a? shall lie from every order of the prescribed authority under this Act to tho appellate authority. th) Every such appeal shall be preferred within ninety days from the dat? of order. (c) On receipt of any such appeal, tLe appellate authority shall, after givi?g ?er appellant a reasonable opportunity of being heard and after making such enquiry as it deems proper, dispose off the appeal. 27. Penalttesr=- A person who contravenes any of the provisions of. this act and rules rram .. 1 there under shall be punished with simple imprisonment of one montll with may ?t?IJd to six months, or with fine of rupees five hundred which may extend co rupees three thousand, or with both. . 28. Repeated olfence :- Whoever, having been convicted, Qf. an ·oJfenco pun ishableunder this' Act, is a ?in g.uiltyof. an <:.·f,fe.nce und(?r-?h?aAc,t s?ll besubject for every sucii· sub.sequent offence to 1?pnsonment wb1cti may exti,hd •tc, one ,ears; wnb or without fine. · 2!J. Sanction of Prosecution:- No prosecutioa sh:aU tie instituted under this Act without the permission in wi;itini .. of t.hc presqr,i.btd autJ\qrity.. ' '·30 ?P?Ieg dtion:-Th?v?v?fn.?inim??•. by n?,iij??t·1'i#,t??)1.fflcwGazette.d\rect .t}fafl!P.Y.po\Ver exew?saNebf, ii 0Jl44r}};u,.:iXCt;J,y.l;p)???J:liereu?dcr ::?????r?:????tob:u??::!:!?rt?1s?u?:it??··?:cr?i?\?r:??tftmM.Jf::::?? t? GQV?Jirment a§ tml.Y be 'SJ)?itii,4 iq. tli,,, no?? 31. ProtectiJnof a?Hohtake??n1iertfil.sActCNoslrltp;?;ti?? Of other prbc'eemag sludl!Ua a'gaimt: inypoHon 'Nt. •n?dene oit m?dici te be dona under this .K.ct; in, gotldf. Nitll: · · ' · . .321,M,!t-J!ati ??(I).?.: ·aoftl?m,nt. .·. •.J?.:'.i\iM···.•··.· nal? .. •fqtcltiyin& rnto, e?t GeJ)?b;;ifllti•JNJ •. , · < , · - · ... · · r:: · '• (b) In particular and witlout prljut11d<ztf:1(1116rt11y,iif•tillloii1·? '$??,.t?,M.-.1i'J:?f??i'J}ff' 7l "}7 :•} "'.,JC, ;';:; 1 •• .. 7 (i) regulating the size and nature of pipes, taps and,- oUier · fittings wraen., within or outside any premises; (ii) tile prevention of injury or contamination to souces and means of watwsupply and appliances for tho distribution of water, (iii) the manner In which connections with wate, works, pipes may be constructed, altered or maintained; (iv) the use, maintenance and inspection of meters and all meters in connection with the use of water and turning on and off and preTonting wa1toof water; (v) :tho area of a lawn or garden; (vi) any other matter which is to be or may be preseeibed, ,(c) Every rule made under this Act shall be laid as soon as may be af$Ctit is made, before the Assembly while it is in session for a total period of notleas than fourteen days which may be comprised in one session or in two or morosuccessive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule ordecides that the rule should not be made, the rules shall thereafter have effeo( ononly in such modified form or· be of no effect, as the case may be, so, however,that any such modification or annulment shall be without prejudice to tho validity of anything previously done under that rule. 33. Repeal and Savings:- {I) The Manipur Water Supply Act, 1973(Manipur Act No. 6 of 1973) shall stand repealed on the day this Act comesinto force. (2) On and from the date on which tlle provisions of this Act are broughtinto force in the State of Manipur, anything done and any step taken (includinaorder, scheme, rule, form or notice) any action taken under the repealed Actshall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force unless antil it is superseded by anything done or any action takenin accordance with law. Printed at the Directorate of Ptg, & Sty., Manipur/320-C/4.2-93.