Colombo Municipal Council Waterworks Ordinance

Cap. 542] COLOMBO WATER WORKS CHAPTER 542 COLOMBO WATERWORKS ORDINANCE TO TRANSFER THE CEYLON MUNICIPAL COUNCIL OF COLOMBO. Waterworks Engineer subject to control of Mayor of Council. Provis ion as to exi sting staff. Paym ent of co sts of maintaining waterworks. [2nd .fORUOry, /908.] GOVERNMENT WATERWORKS TO THE 4. In the execution of the duties and exercise of the powers conferred upon him by this Ordinance, the Waterworks Engineer shall be subject to the directions and control of the Mayor of the Council. hereinafter required to be performed and exercised by the Waterworks Engineer may be performed and exercised by any officer authorized thereto in writing by the Waterworks Engineer. 5. The Council shall confirm the appointments of such of the officers of the Ceylon Government Waterworks holding office at the com men c e men t 0 f t his Ordinance as are willing to take service under the Council, on such tenns as shall be offered by the Council. 6. The Council shall defray from the Municipal Fund all costs and charges in respect of the maintenance of the waterworks, and such salaries, wages, and pensions as may be earned by the staff engaged thereon or may become due to them by reason of their service under the Council. 1. This Ordinance may be cited as the Colombo Municipal Council Waterworks Ordinance. 2. From and after the commencement of this Ordinance the waterworks, hitherto k now n a s the Ceylon Government Waterworks, shall belong to and be vested in the Municipal Council of Colombo (hereinafter referred to as II the Council 'J, and shall be known as "The Colombo Municipal Council Waterworks ". and all tanks , reservoirs, cisterns, fountains, wells, aqueducts, conduits, tunnels, pipes, pumps, or other waterworks existing at the commencement of this Ordinance, or afterwards made, laid, or erected, and whether made, laid, or erected at the cost of the Councilor otherwise, and all roads, ways, rights, servitudes, bridges, buildings, engines, works, materials, and things connected therewith or appertaining thereto, and also any adjacent land (not being private property) appertaining to any such works, shall be vested in the Council. And the Council shall have the right of breaking open the soil at any place for the purpose of using, repairing, or replacing the said pipes : Ordinances AN Nos. 18 of 1907, 27 of 1914, 8 of 1915. 9 of 191 6, 9 o f 191 R. 28 of 1921 , 25 of 1928, 28 of 1930, 4 of 1932, 23 of 1942, 29 of 1947. Short title. Transfer of Ceylon Government Waterworks to Muni cip al Council of Colombo. Power of Municipal Council to appoint Waterworks Engineer, &c . Provided that it shall with all convenient speed restore the ground broken open to its former condition. 3. The Council shall appoint a fit and proper person, who shall be called the Waterworks Engineer, to perform the duties and exercise the powers hereinafter mentioned, and such inspectors, sub inspectors, clerks, and other officers as may be necessary ; and all duties and powers 7. The Council shall provide a supply of Duty of drinking water within the Municipality of Council to supply water Colombo, and shall for that purpose cause within such pipes to be laid, and such tanks, Muni cip al reservoirs, or other works to be made, as are limits . necessary for the supply of wholesome water in the public streets of the Colombo Municipality, and shall erect in such streets convenient stand-pipes, fountains, open reservoirs, or pumps for the gratuitous use of the inhabitants of the Municipality for XVIII92 COLOMBO WATER WORKS [Cap. 542 If the said works, or the repairs, extensions, and alterations of the same shall be executed by the Waterworks Engineer, the expense thereof, when certified under the hand of the Waterworks Engineer, shall be defrayed by such owner or occupier, and the same may be recovered by the Council as if it were a tax payable under the Municipal Councils Ordinance and any existing or future amending enactments, and when recovered shall be accounted for as the Council may direct. contained in the Schedule and such further regulations as shall, from time to time, be made in that behalf by the Council with the consent of the Minister, and shall be executed by the Waterworks Engineer, or, if the owner or occupier applying for the private service so desires, by a plumber licensed by the Council and employed by the owner or occupier. Every such plumber shall, while so employed, be subject to the orders of the Waterworks Engineer and shall complete such works or such repairs, extensions or alterations to the satisfaction of the Waterworks Engineer. Maintenance of waterwork s compelled to install private service. 13. The Council shall cause all public tanks, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps, fountains, and other works used for the supply of (2) If such notice is not complied with within the time specified, the Mayor may cause the work to be executed and costs thereof recovered in the manner prescribed by section 11. *12. (1) W here it appears to the Mayor When may that any tenement-house or range of owner of . . tenements be tenements capable of being occupied by thirty or more persons within the Municipal limits is without a proper service of water, and that the necessary arrangements for such a service (in so far as these are not required to be made by the Council) can be made at a reasonable cost, the Mayor may give notice in writing to the owner of such tenement-house or range of tenements requiring him within a time therein specified to obtain such proper private service, and to execute all such works as may be incumbent upon him for the purpose. *9. The Council may, on application by the owner or occupier of any house, allow a private service of water to such house for domestic purposes, in such quantitites and under such conditions as the Council shall deem reasonable. 11. The works, other than the connection between the street waterworks pipe and the boundary of the street as near as conveniently may be to the premises to be served, necessary for such private service, and all future repairs, extensions, and alterations of such works, shall in every case be in accordance w ith the regulations domestic purposes. It shall be the duty of the Council, as far as possible, to make adequate provision that such supply of water shall be continuous throughout the year, and that the water supplied shall be at all times fit for human consumption. 8. Subject to the provisions of section 20, the Council shall within the limits of the Municipality of Colombo provide a supply of water for the use of the Government and of' the armed forces, which for domestic purposes shall be supplied free of charge, but for other than domestic purposes shall be supplied in accordance with the provisions of this Ordinance and of any regulations made thereunder relating to the supply of water for other than domestic purposes. *10. When a private service is allowed, the Council shall make the necessary connection between the street waterworks pipe and the boundary of the street as near as conveniently may be to the premises to be served, but the cost of such connection and of all further piping and of all internal fittings requisite for such private service shall be borne by the owner or occupier : Provided, however, that no connection shall be made with the street waterworks pipe until the cost thereof, as estimated by the Waterworks Engineer, shall have been deposited with the Council, and until all the private piping and internal fittings requisite for the private service shall have previously been erected and completed to the satisfaction of the Waterworks Engineer. Execution of works other than connccuons with street pipe. Supply of water to Government. Power of the Municipal Council to allow a private service of water. When private service is allowed Council to make the con necuon between street waterworks pipe and the near boundary of the premises to be served. * See section 323 of the Municipal Councils Ordinance for the application of this section to Galle. XVIII93 Cap. 542] COLOMBO WATER WORKS Council to construct filters and other works . Power of the Council to break up streets, &c.. and enter private land. Power to lay or enlarge water main along private street. water and vested in the Council by this Ordinance to be maintained and supplied with water, as well as any further wo rks which may be constructed by the Council for such purpose. 14. The Council may, from time to time, construct filters, tanks, aqueducts, or other works for bringing wholesome water into the Municipality of Colombo for the use of the inhabitants. 15. (1) The Council in laying down any pipes for the water supply of the Municipality may, i f they consider it necessary, carry such pipes through, across, 'or under any street or any place laid out or intended for a street, or under any building, or through any cellar or vault, or into, through, or under any enclosed or other land whatsoever. The Council shall, in every such case, give two calendar months' notice of their intention so to do to the owner of the property affected by such work, and shall on completion of the work pay to him reasonable compensation for any loss or damage sustained by him by reason of the carrying out of any work authorized by this section. If any dispute arises as to the amount or apportionment of such compensation, such amount or apportionment shall be summarily ascertained and determined by the Judge of the Primary Court of Colombo, whose decision shall be subject to an appeal to the Court of Appeal. (2) Every such appeal shall be presented within the time and in the manner and subject to the rules and practice provided for and observed in appeals from orders of Primary Courts in their ordinary jurisdiction. 16. (1) If any private street has been constructed to which one or more houses have access, the Council may, after having passed a resolution to that effect, lay, enlarge, or extend a water main along such private street of such dimensions as may be necessary, and may apportion the whole or part of the cost of the laying, enlarging, or extending such main among the owners of the premises fronting upon, adjoining, abutting, or having access to, or deriving any degree of benefit from, such main according to the areas of the respective premises which may derive, or be so situated as to derive, any such benefit from the laying, enlarging, or extending of the said main. (2) The initial cost of laying, enlarging, or ex tending such main shall be borne by the Council, and the property in the said main shall remain in the Council. (3) The sums apportioned for payment by the owners of the respective premises shall be made a charge upon such premises, and may be recovered as if the same were a rate upon a private water service being granted to such premises : and no private service shall be granted to such premises until the sum apportioned in respect thereof has been paid or an engagement to pay the same be made with the Council as hereinafter provided. (4) When any premises In any such private street has an already existing supply of water from the Council's mains by private pipes, the Council may, whenever it shall become necessary to take up such private pipes for cleaning or renewal, call upon the owner to connect with the new mam. (5) The Council may, if it is thought fit , on the application of an owner of any such premises, take an engagement from the said owner for the payment by instalments of such sums as will be sufficient to defray the whole amount of the sum apportioned for payment by the said owner, with interest thereon not exceeding the rate of nine per centum per annum, within a period not exceeding five years, and such sums when due may be recovered by the same process by which rates may be recovered under the Municipal Councils Ordinance. (6) (a) In any case where any existing main has been laid in any private street at the expense of any private person, it shall be lawful for such person to recover from the owner or owners of any property fronting upon, adjoining, abutting on, or having XVII/94 COLOMBO WA TER WORKS [Cap. 542 *18. Every person paying the water or Right of rate consolidated rat e leviable un d e r the payers to free use of water prOVISIOnS of the Municipal Councils from public Ordinance shall be entitled to have, free of stand-pipes for furth harae u th f I f domesticer c arge ill respect ereo, a supp y 0 purposes. water from the public stand-pipes for the domestic use of himself and his household access to such private street, who shall apply to the Council for a private service of water, such an apportionment of the cost of the laying of the said main as may be determined by the Mayor in proportion to the frontage of the premises abutting on such street. (6) No person shall be permitted to make a connection with any such main until he has paid or given a guarantee for the payment of such apportionment to the satisfaction of such private person. (7) (i) When any premises fronting upon, adjoining, abutting on, or having access to any such private street has an existing supply of water from the Council's mains by private pipes other than the main which has been laid at the cost of any private person aforesaid, the owner of such premises may be permitted to use such pipes until such time as it shall become necessary to take up such pipes for cleaning or renewal. (ii) When it shall become necessary to take up such pipes for cleaning or renewal, the owner of the said premises shall not be permitted to re-Lay such pipes in their former position, but shall connect them with the main in the private street laid by the private person aforesaid, and shall, before any connection is made therewith, pay such apportionment of the cost of laying the aforesaid main as shall be determined by the Mayor in proportion to the frontage of the premises abutting on such street. (8) All mains laid in any private street shall vest in the Council, and the cost of their maintenance, renewal, and repair shall be bome by the Council. (9) Subject to the p ro vrs ro ns of subsection (10), any apportionment, made under subsection (I), of the cost of laying, enlarging or extending any main, may be revised by the Council at any time after the date of the completion of the work of laying, enlarging or extending such main. ( 10) The power given to the Council in subsection (9) to revise any apportionment shall not be deemed to include the power to increase the sum which any owner is liable to pay under such apportionment. *17. The Municipal Council may, with the consent of the Minister, from time to time, by notification in the Gazette, exempt any division or part of a division of the Municipality, or any house, land, or tenement in which the general facilities afforded by the water supply are not fully available, from the payment of the water rate, if any, leviable under the provisions of the Municipal Councils Ordinance, or of such proportion of the consolidated rate leviable under the said Ordinance as may be assessed in respect of such water supply and may also, from time to time, revoke such exemption by like notification. *19. A supply of water for domestic purposes shall not include a supply of water for horses or cattle or for washing vehicles, where such horses, cattle, or vehicles are kept for sale or hire, or a supply for any trade, manufacture, or business, or for fountains or swimming baths, or for any ornamental or mechanical purpose, or for purposes of irrigation. *20. (1) Where a person who is provided with a supply of water for domestic purposes or is allowed a private service of water for such purposes desires to use the water for horses or cattle or for washing vehicles, the Council may, if such water is supplied through an external tap, charge for such supply (except where the water so used is taken by meter) such sum as the Council may, from time to time, by regulation prescribe. (2) Where water supplied by the Council to a person who takes a supply both for domestic purposes and by meter for other than domestic purposes is used by him by means of an external tap for horses or cattle or for washing vehicles, the Council may require that all water used by means of such tap shall be taken by meter and paid for at Power of the Council to exempt division, hou se, or land from charge for water. .. Domestic purposes ", what not included in. Fxternal taps. * See section 323 of the Municipal Councils Ordinance for the application of this section to Galle. XVII/95 Cap. 542] COLOMBO WATER WORKS Power of Municipal Council to supply water for other th an domestic purposes. Recovery of sums due on account of water co supplied Meters. Liabil ity of the Council for failure to supply water. the rates for the time being in force for the supply of water by meter. (3) Any sum chargeable under this section may be recovered as if it were a tax imposed under the Municipal Councils Ordinance. (4) In this section " horses ", .. cattle " or " vehicles " does not include horses, cattle, or vehicles which are kept for sale or hire : .. external tap " means any tap fixed outside any building or in any garage, stables or other premises where horses, cattle or vehicles are kept; " person" includes the Government and the armed forces. *21. The Council may agree with any person to supply water by meter or otherwise for other than domestic purposes, in such manner and in such quantities, on such terms, and subject to such conditions and to such regulations as may from time to time be determined and made by the Council. "22. All sums due on account of any water supplied under section 21 shall, when certified by the Waterworks Engineer, be recovered by the Council as if the same were a tax under the Municipal Councils Ordinance, and any existing or future amending enactments, and s h a II be accounted for as the Council may direct under the regulations hereto. *23. All meters shall be the property of the Council, and shall be supplied and maintained in repair by the Council ; and rent for the meter shall be paid by the owner or occupier of the premises supplied through the meter in the manner and at the rate prescribed by regulations under this Ordinance. *24. The Council shall not be liable to any damages or penalty for failure on their part to supply water (whether they have contracted to supply the same or not) if such failure is due to unusual drought, or to any temporary interference with the supply caused by carrying out any work, or to any other unavoidable cause or accident. 25. The Waterworks Engineer or any person authorized in that behalf by him may, at any time between eight of the clock in the morning and five of the clock in the evening, after giving not less than one hour's not ice to the occupier of any bui lding or premises supplied with water under this Ordinance, enter such building or premises and examine the condition of the pipes, works, and fittings, and ascertain if there be any waste or misuse of such water. If the Waterworks Engineer or any person authorized by him is at any such time without reasonable cause refused admittance into such building or premises for the purpose aforesaid, or is prevented without reasonable cause from making such examination, the Waterworks Engineer may stop the supply of water to such building or premises. 26. If any person supplied with water from the waterworks wilfully or negligently causes or suffers any pipe, valve, cock, cistern, soil pan, water-closet, or other apparatus or receptacle to be out of repair, or to be sc used or contrived that the water supplied to him from the waterworks is or is l ike ly to bc wasted, misused, unduly consumed, or contaminated, or so as to occasion or allow the return of foul air or other noisome or impure matter into any pipe belonging to or connected with the pipes of the waterworks, he shall be guilty of an offence, and be liable for every such offence to a fme not exceeding one hundred rupees. 27. The Waterworks Engineer may repair or renew or substitute any pipe, valve, cock, cistern, soil pan, water-closet, or other apparatus or receptacle , so as to prevent any waste of water, and the expense of such repair or renewal or substitution when certified under his hand, shall be defrayed by the owner or occupier of the premises, and the same may be recovered by the Council as if it were a tax payable under the Municipal Councils Ordinance, and any existing or future amending enactments, and when recovered shall be accounted for as the Council may direct. 28 . Every person who (a) not having a supply of water from the waterworks for other than domestic Power of Waterw orks Engineer to ente r and examine prem ises. Penalt y for suffering pipes, &c.• to be out of repair. Power of Waterworks Engine er to repair pipes, &c .• and recover expenses. Mi sus e of water. • See section 323 of the Municipal Councils Ordinance for the application of this section to Galle. XVII/96 COLOMBO WATER WORKS [Cap. 542 shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding twenty rupees, without prejudice to the right of the Council to recover from him the value of the water misused. (6) having from the waterworks a supply of water for any other than domestic purposes, uses for any purposes other than those for which he is entitled to use the same any water supplied to him from the waterworks, 30 . Every owner or occupier of any premises supplied with water under this Ordinance, who shall supply to any other person or wilfully permit him to take any such water from any cistern or pipe in such premises, unless for the purpose of extinguishing any fire, or unless he be a person supp lied with water from the waterworks, and the pipes supplying him be, without his default, out of repair, shall be guilty of an offence, and liable to a fine not exceeding fifty rupees. 29. It shall not be lawful for the owner or occupier of any premises supplied with water from the waterworks, or any consumer of the water of the waterworks, or any other person, to affix or cause or permit to be affixed any pipe or apparatus to any pipe or apparatus provided for the conveyance, reception, or control of water from the waterworks, whether or not such pipe or apparatus is the property of the Councilor private property, without the consent in every such case of the Waterworks Engineer; and if any person acts in any respect in contravention of the provisions of this section, he shall, for every s u c h offence, be liable to a fine not exceeding fifty rupees, without prejudice to the right of the Council to recover damages from him in respect of any injury done to the waterworks property, and without prejudice to their right to recover from him the value of any water wasted, misused, or unduly consumed. 31. Every person who wrongfully takes Penalty for or uses any water from any reservoir, taking or using water from watercourse, conduit, or pipe belonging to reservoir, &c. the waterworks, or from any pipe leading to or from any such reservoir, watercourse, conduit, or pipe, or from any cistern or other like place containing water belonging to or supplied from the waterworks, or for the use of any consumer of the water of the waterworks, other than such as may have been provided for the gratuitous use of the public, shall be guilty of an offence punishable with a fine not exceeding one hundred rupees. *34. I n all cases in which the Waterworks Waterworks Engineer is by this Ordinance Engineer or his . agents mav authorized to cut off or stop the supply of enter any' water to any building or premises, and in all building or cases in which any building or premises premises for cuttmg off supplied with water by the Council shall waler supply. 32. Every person who, without the Penalty for authority of the Waterworks Engineer, shall destroying or . injuring works wilfully or carelessly break, injure, open, &(;., and . close, or wrongfully interfere or tamper with wasting water. any lock, hydrant, cock, valve, pipe, work, or engine belonging to the waterworks, or shall draw off the water from the reservoirs or other works belonging to the waterworks, or shall do any other wilful act whereby such water shall be wasted, or the supply thereof interfered with, shall be guilty of an offence, and be liable on conviction to a fme not exceeding one hundred rupees. *33. If any person supplied with water Power of from the waterworks does or causes or Waterworks . . . Engineer to cut per m i t s t 0 bed 0 n e any t h 1 n gIn off water contravention of any of the provisions of supply in this Ordinance, or of the regulations made certaincases. hereunder, or wrongfully fails to do anything which under any of those provisions ought to be done for the prevention of the waste, misuse, undue consumption, or contamination of the water belonging to the waterworks, the Waterworks Engineer may (without prejudice to any remedy against such person in respect thereof) cut off any of the pipes by or through which water is supplied to such person or for his use, and may cease to supply him with water. other than any water from the purposes, uses for domestic purposes sup Plie d to him waterworks ; or Penalty. Penalty for affixing pipe or apparatus to communication or other pipe without the consent of the Waterworks Engineer. Penalty for supplying water to, or permitting it to be taken from supplied premisesby, any other person . * See section 323 of the Municipal Councils Ordinance for the application of this section to GaIle. XVII/97 Cap. 542] COLOMBO WATERWORKS Pcnaltv for fouling water. &c have become unoccupied, the Waterworks Engineer, his agents and workmen, after giving reasonable notice to the owner or occupier, may enter such building or premises between the hours of eight of the clock in the morning and five of the clock in the evening and cut off any pipes by which such water is conveyed to such premises, and may remove any pipe, meter, fittings, and apparatus, the property of the Council. 35. Every person who shall commit any of the offences next hereinafter enumerated shall for every such offence be punished with a fine not exceeding fifty rupees, that is to say : (Q) bathing in any stream, reservoir, aqueduct, or other waterworks belonging to the Council, or washing, throwing, or causing to enter therein any dog or other animal; (h) throwing any rubbish, dirt, filth, or other noisome thing into any such stream, reservoir, aqueduct, hydrant, surface-box, or other waterworks as aforesaid, or washing or cleansing therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing ; (c) trespassing upon land belonging to the waterworks or upon the buildings or premises connected with the water supply ; (cl) unlawfully breaking, injuring, or in any other manner causing damage to any channel, tank, reservoir, cistern, well, fountain, stand-pipe, or other work connected with the water supply ; (e) causing the water of any sink, sewer, or drain, steam engine, boiler, or other water belonging to him or under his control, to run or be brought into any stream, reservoir, aqueduct, or other waterworks belonging to the Council, or doing any other act whereby the water belonging to the waterworks shall be fouled; and every such person shall be liable to a further fine of ten rupees for each day (if more than one) that such last-mentioned offence shall be continued. 36. (1) Whoever, being the owner, superintendent, agent, manager, or occupier of any premises in which any business is carried on does or causes to be done any act connected with such business by which the water in any stream, reservoir, cistern, aqueduct, or other work belonging to the waterworks is or is likely to be fouled, shall be guilty of an offence, and liable on conviction, notwithstanding the provisions of section 35, to a fine not exceeding one thousand rupees, and a further fine not exceeding five hundred rupees for each day on which the offence is continued after the expiration of twenty-four hours after a notice signed by the Waterworks Engineer is served on any such person. (2) The Waterworks Engineer or any person authorized by him in writing in that behalf may, with the permission of the Mayor, after the expiration of twenty-four hours after a notice signed by the Water works Engineer of his intention so to do has been served on such owner, superintendent, agent, manager, or occupier, lay open and examine any pipe or work directly or indirectly connected with such premises, and any stream, reservoir, cistern, aqueduct, or other work belonging to the waterworks. 37. If upon such examination it appears that any water has been fouled by anything proceeding from or contained in the pipe or works examined, the expenses of such examination shall be paid by the person to whom such pipes or works belong, or under whose management or control they are, If upon such examination it appears that such water has not been so fouled, then such expenses shall be borne by the Council. Penalty for doing any act connected with any business b! which the water in any stream &c.. belonging to the waterworks 1\ fouled Cost of laying open pipes to abide the result of the exurrunauon . XVII/98 COLOMBO WATER WORKS [Cap. 542 Waterworks Engineer to place and maintain fire hydrant. Regulations. 38. The Waterworks Engineer shall, at the request and expense of the owner or occupier ot any work or manutactory situated in any street in which there is a pipe of the waterworks, place and maintain in effective order a fire hydrant (to be used only for extinguishing fires) as near to such work or manufactory as the Waterworks Engineer thinks fit 39. The regulations in the Schedule shall be observed within the Municipality, and it shall be lawful for the Council to make, from time to time, such further regulations as may appear expedient for any of the following purposes : (a) for preventing waste, misuse, undue consumption, or contamination of the water supplied by the Council for public or private use ; (h) for directing the use and prescribing the size, nature, strength, and materials, and the mod e 0 f arrangement, position, alteration, removal, renewal, and repair of the pipes, valves, cocks, cisterns, soil pans, water-closets, and other apparatus and receptacles, or any of them, to be used respectively for carrying, delivering, regulating, and storing water ; (c) for establishing , maintaining , and regulating public bathing places and places for washing animals or clothes ; (d) for regulating the public supply of water by stand-pipes, and the use of the same ; (e) for regulating the supply of water by private services, and the materials and fittings to be used therefor ; (j) for licensing plumbers for the purposes of section I I, and for prescribing the security to be furnished by licensed plumbers, the fees payable for, and the conditions to be attached to, licences issued in that connexion , including the cancellation of such licences whether in the absolute discretion of the Waterworks Engineer or in prescribed circumstances ; (g) for regulating the supply of water by measurement, and the materials, meters, appliances, and fittings used for s u c h a purpose and in connexion therewith ; (h) for regulating the terms and conditions subject to which water will be supplied for other than domestic purposes, and the price to be paid for water so supplied ; and (i) for every other purpose relating to the supply or control of water supplied from the waterworks as to the Council shall appear necessary. 40. The Council may, from time to time Power of the alter, amend, or cancel any regulations or Co.incil t o 11 h 1 · db ' h a/mera sue regu ations, an su stitute anot er regulati on s or others therefor not inconsistent with the provisions of this Ordinance : Provided that no regulation shall be repugnant to any law in force in Sri Lanka, and that no fine for any infringement of a regulation shall exceed fifty rupees, and that in case of a continuing infiingement no fine shall exceed ten rupees for each day after written notice from the Mayor of the Council of such infiingement 41. No regulation or alteration , Confirmation amendment, or cancellation of, or o f regulations by Minister. substitution for, any regulation shall have effect until the same is confirmed by the Minister. Notice of such confirmation shall be given by notification to be made in that behalf; and such regulations when so confirmed and published in the Gazette shall be as valid and effectual as if they had been herein enacted. 42. Every person committing a breach Penalty for of any of the regulations contained in the breach of regulations. XVII/99 Cap. 542] COLOMBO WATER WORKS Service of notrees. Jurisdiction to the Municipal Magistrate or the Magistrate of Colombo to entert ain prosecutions. Schedule or made under sections 39 and 40 hereof shall be guilty of an offence, and shall, subject to the provision of section 40 hereof regarding continuing infringement of regulations, be liable on conviction to a fine not exceeding fifty rupees, or, in the case of regulations made under sections 39 and 40 hereof, to such fine as may be prescribed therein. 43. When any notice is required by this Ordinance to be given to the owner or to the occupier of any house, building, or land, such notice addressed to the owner or occupier may be served on the occupier of such house, building, or land, or left with some adult member or servant of his family, or if the notice cannot be so served, or if there be no occupier, may be put up on some conspicuous part of such house, building, or land ; and it shall not be necessary in any such notice to name the occupier or the owner. Any person receiving the rent of any house, building, or land, either on his own account or as agent for another, shall, for the purposes of this Ordinance, be deemed the owner of such house, building, or land. 44. Eve ry prosecution under this Ordinance may be instituted before the Municipal Magistrate or the Magistrate of the Magistrate's Court of Colombo ; and every fine imposed under this Ordinance, or any regulation made in pursuance thereof, may be recovered by a summary proceeding before either of such Magistrates. It shall be lawful for either of such Magistrates to impose the full fine or penalty herein or in any regulation provided, notwithstanding that the aggregate amount of such fines or penalties may exceed the sum whicb it is competent for him in the exercise of his summary jurisdiction to award. 45. If at any time it appears to the Minister that the Council are omitting to fulfil any duty or carry out any work imposed upon them by this Ordinance, he shall give notice to the Council in writing that, unless they do, within fifteen days of the date of such notice, show cause to his satisfaction against such appointment, he will appoint a special officer to inquire and report to him the facts of the case, and to recommend what steps such officer thinks necessary for the purpose of fulfilling such duty or carrying out such work. Such inquiry shall be conducted as far as may be practicable in an open manner. 46. On the receipt of the report of the officer appointed under section 45 the Minister shall determine what duty or work shall be done or executed, and make an order requiring the Council within a time to be specified in such order to fulfil such duty or carry out such work, and to raise the funds necessary for such duty or work from some one or more of the taxes provided by the Municipal Councils Ordinance or by means of a loan. 47 . If the Council fail within such specified time to comply with such order, the Minister may direct the Mayor or appoint any other person to fulfiI such duty or carry out such work, and may fix the remuneration to be paid to such person, and may direct that such remuneration and the cost of such work shall be defrayed out of the Municipal Fund. Power of Mini ster to appoin t special officer to report in certain cases. Power of Minister to order the Council to execute any work. Enforcement of order. [Section\ I I and .\9.J SCHEDUl.E RF(,IJ! AllONS· I. Water shall be taken from the public stand-pipes only in buckets or other suitable receptacles, and in such a manner as to prevent its flow into any drain, side channel, or on to the surface of any road, footpath, or area . 2. No hose pipe , pipe , tube, shoot, or other cont rivance of any nature whatsoever shall be attached either temporarily or permanently to any public stand-pipe . .7 No a u t o m a t ic sell-closing valve 0 r other automatic appliance attached to or forming part III any public stand-pipe shall be Interfered with so as to prevent either temporarily or permanently its automatic action. * See also the Licensing of Plumbers Regulations, 1942. Gazette No. 9,024 of 23rd October, 1942. XVW 100 COLOMBO WA TER WORKS 4. No water drawn lrom any private service shall he used In connexion with any trade. manufacture, or business, or for any ornamental or mechanical purpose. or for purposes of irrigation, unless an agreement In the form A In t h is Schedule shall have been previously entered Into with the Municipal Council. Agreements already entered Into under section 16 of Ordmance No. 7 nl 1880, as amended by section 2 of Ordrnancc :\07 of 11<91.* shall continue to he In force as if the Municipal Council is party thereto In place of the Waterworks Fngineer under the said Ordinance on behalf of the Government . ) Not more than one service connecuon plpC for the supply of water to any premises within the same curt ilage and under the same assessment shall be connected to the waterworks. 6. Whenever water ,s found running to waste from any tap. meter. pipe, or other fitting which is supplied with water from the waterworks, the Waterworks Engineer or person duly authorized by him under section 3 of this Ordinance may at once cut off the water, and such service shall not be reconnected until the cause ol the waste is remedied. 7. The Waterworks Engineer may, upon being satisfied that good and sufficient reasons exist for considering that the arrangement, SI7I:, position, nature, or condit ion of any pipe , tap, valve, meter, or other fitting situated within private premises and connected with the waterworks is likely to lead to waste, misuse, undue consumption, or contamination of the water supplied from the waterworks for public or private use, or to be prejudicial to the proper control and distribution of water from the waterworks, serve a notice upon the owner or occupier of such premises in the form B in this Schedule specifying the alterations required, and such alterations shall be made by the owner or occupier to the satisfaction of the Waterworks Engineer forthwith . In the event of the name or residence of the owner or occupier being unknown, such notice shall be affixed in a conspicuous place upon the premises 10 which it refers, after which it shall be taken as duly served within the meaning of these regulations. 8. The Waterworks Fngineer may diminish, withhold , or suspend, stop, tum off, or divert the supply of water through or by means of any pipe, service, public fountain, or other appliance connected to the waterworks either wholly or in part, or whenever such Waterworks Engineer may think fit, and without prejudice to any water-rate, meter rent, or other sums due or to become due under this Ordinance or regulations thereunder (a) whenever the available supply of water from the waterworks shall, in the opinion of the Waterworks Engineer, he insufficient ; (n) whenever It may be expedient or necessary for the purpose of extending, altering, or repairing the waterworks, or lor the purpose of the connectton of services: (e) whenever any public stand-post is damaged , or the water thereof polluted or wasted: (eI) if the construction or laying of any service by the owner of any premises is not made, altered, or readjusted in accordance with the provisions of this Ordinance or any regulations made thereunder ; (c) if default be made in the payment of any money due under this Ordmance or any regulations made thereunder from the owner or occupier of any premises, or so long as such default continues, or at the request of the owner of the tenement or if default be made by the owner or occupier of any premises used as a private boarding-house III furnishing, when required to do so at any time, a return showing the number of paying guests or boarders residing in the said premises . (j) in case of fire ; (g) if any act or thing be done or omitted contrary to the provisions of this Ordinance , or any regulations made thereunder in relation to any damage, waste, pollution, or abuse of the waterworks, or any service, meter, or public fountain. 9. All new services, or alterations to, repairs to, or renewing or cleaning, of existing services are to be carried out in accordance with the instructions and to the satisfaction of the Waterworks Engineer. The right is reserved to the Waterworks Engineer, whilst consulting the wishes of the consumer, as far as practicable, to determine finally all matters concerning the construction or alteration of services, such as the diameter of the pipe to be used, the manner in which it is to be laid, and the number, size, pattern, and position of the taps . Pipes and fittings of the approved quality only are to be used . And all water fittings and apparatus used , including those supplied from cisterns shall conform to samples approved of by the Waterworks Engineer, which may be seen at his office, and must pass the required test and be officially stamped before being fitted up in any house or premises. • Repealed by Ordtnance No. IX of 1907. XVIII 101 [Cap. 542 Cap. 542] COLOMBO WATER WORKS 10. Notice of intention to construct a new service or to alter or extend, clean out or renew any existing one must be given to the Waterworks Engineer by filling up a printed form, which may be obtained on application at the office of the Waterworks Engineer. This notice (form C in this Schedule) must be addressed to the Waterworks Engineer and delivered at his office , and no such work shall be commenced without the approval in writing of the Waterworks Engmeer. I I. No service pipe which may have been connected with the waterworks for a temporary supply of water to a building during its erection, or other similar temporary purpose, shall be used for the permanent supply to the premises till application, as hereinbefore provided has been made and approved of by the Waterworks Engineer. 12. No pipes, valves, or other fittings forming part of a service may be covered up until they have been inspected and approved by the Waterworks Engineer. After a service has been inspected and approved, it will be connected with the waterworks upon the applicant depositing with the Municipal Council the cost as estimated by the Waterworks Fngineer of such connection. including labour. materials, and supervision, and the supply will commence . '\ he connectton will be made by the Waterworks Engineer only, and upon completion an account will be rendered to the applicant in the form D in this Schedule, and the unexpended balance, if any, of the sum deposited with the Municipal Council in respect of such service shall be returned. In the event of the estimated cost being exceeded. the applicant, upon receipt of the above-mentioned account, shall forthwith pay to the Municipal Council all further sums due in respect of such service. 13. Every service is to be provided with a strong brass or gun metal stop-cock, or, in cases of serv ices larger than two inches in diameter, with a sluice or slide valve. The stop-cock oTvalve is to be fixed under the pavement where there is one, as near to the tenement as practicable, but in a public street or place , and is to be provided with a cast iron cover and lid, so that it may at all times be accessible. 14. The service pipe from the street main and up to and including the stop-tap shall be the prop erty of the Municipal Council, and the cost of the necessary repairs to the same shall be paid by the Waterworks Engineer; but should any damage be done to the stop-tap on the service pipe to any premises, it shall be made good by the Waterworks Fngineer at the expense of the owner or occupier of such premises, and the cost of the repair of such damage shall be paid to the Council, and the Waterworks Engineer is hereby authorized and empowered to discontinue the supply of water to such premises until such payment is made. IS , I he cost estimated by the Waterworks Engineer of laying on water to any premises after it has been cut off for any reason whatsoever shall be paid by the owner or occupier of such premises in advance to the Municipal Council. The unexpended balance. if any, shall be returned to the owner or occupier on the comp letion of the work, and any excess ot cost shall be paid by the occupier or owner on such completion. 16. The Municipal Council, notwithstanding that the requirements have been complied with as regard s services, does not hold itself liable for any damage that may arise in premises by bursting or overflowing. Nor will the said Council, by any permission or act, extend its responsibility beyond the main pipes and the service pipes up to and including stop-taps. 17. All pipes used in the construction of services are to be cast iron of approved thickness and quality, or wrought iron, both to be coated with bituminous composition, or galvanized wrought iron, or lead or copper. Ill. Wrought noon service pipe shall be of the quality known as" Water Quality (Medium) Tubes" and shall be of the following weights : Nominal Bore III 1'14 I Y1 2 2Yl Weigllt perJUUI oj pkzin end lube lb. 0.885 1.253 1.810 2.559 3.189 4.053 5.646 6.65 I Wetglltper foot oj screwed and socJ;eteJ lube (tile lengtlr from rite emf oj tile hlbe /() tile emf of rite socket being 20 fief) lb. 0.89 I 1.262 1.825 2.581 3.215 4.093 5.705 6.741 19. All lead service pipes are to be solid drawn, and of not less than the following weights : % in. internal diameter, 5 lb. per yard (lineal). '12 in. internal diameter, 7 lb. per yard (lineal). )4 in. internal diameter, I I lb. per yard (lineal). I in. internal diameter, 15 lb. per yard (lineal). I Yc in. internal diameter, 22 lb. per yard (lineal) . I 'h in. internal diameter, 25 lb. per yard (lineal). XVIII 102 COLOMBO WATER WORKS 20. Cast iron pipes are to be substantially jointed with lead and yarn ; wrought iron pipes are to have screwed joints and sockets, and lead pipes are to have solder wiped joints. 21. (I) Every service pipe or distributing pipe of copper connected by means of screw joints must comply with the requirements of British Standard 61 : Part I : 1947 for copper tubes (heavy gauge) for general purposes, and every screw thread used in connexion with such joints must comply with the requirements of British Standard 6 f : Part 2 : 1946 for screw threads for copper tubes. (2) Copper alloy pipe fittings and copper alloy three-piece unions for copper pipes screwed in accordance with the requirements of Table I of British Standard 61 : Part 2 : 1946 must comply with the requirements of British Standard 99 : 1922 or British Standard 66 : 1914, as the case may be. (3) Cast copper alloy pipe fittings for copper pipes screwed in accordance with the requirements of Table 4 of British Standard 61 : Part 2 : 1946 must comply with relevant requirements of British Standard 143 : 1938 or British Standard 1256 : 1945 for malleable cast iron and cast copper alloy pipe fittings. 22. ( I) Every service pipe or distributing pipe of copper to be connected by means of compression fittings or capillary fittings or by bronze or autogenous welding must comply with the requirements off (a) British Standard 1386: 1947 for copper tubes to be buried underground, if such pipe is to be laid under the ground; or (h) British Standard 659 : 1944 for light gauge copper tubes, if such pipe is to be laid above the ground . (2) Every capillary fitting or compression fitting referred to in paragraph (I) must comply with the requirements of British Standard 864 : 1945 for capillary fittings and compression fittings of copper or copper alloy for use with light gauge copper tubes, and where any such compression fitting is on any pipe to be laid under the ground it must be of Type B. 23. All draw-off taps are to be of a pattern known as " screwdown ", or such other pattern as may be approved by the Municipal Council. 24. Every cistern to which water is supplied from the waterworks is to be provided with an "equilibrium " ball valve of approved pattern, and the ball valve is to be so adjusted as to close the supply when the water level in the cistern is two inches below the edge or overflow if there be one. 25. The inlet or supply pipe to every cistern shall be situated above the water level of such cistern . 26. The overflow pipes of all cisterns are to be brought to the outside of the building, and shall terminate in a conspicuous position, so that any leakage may be easily detected . No overflow from any cistern shall on any account be connected with any drain or sewer, or with the waste pipe of any bath, sink, or any other sanitary appliance, or with the overflow from any other cistern. Each cistern shall have a separate overflow pipe. 27. All water-closets are to be provided with automatic waste-preventing flush tanks of a pattern approved by the Municipal Council, and under no circumstances shall the service be in direct communication with any water closet pan, latrine , privy, or urinal. In every such case a cistern or tank shall be interposed, so as to prevent the possibility of any return of foul liquid or gas to the service or mains. 28. The outlet of every draw-off tap shall be in some open and conspicuous place, so that leakage may be easily detected, and in no case shall the outlet be below the top water level in any cistern, tank, or other vessel into which the tap delivers. 29. No service pipe shall be directly connected with any boiler, condenser. or other mechanical appliance without the express sanction of the Municipal Council. 30. The inlet of every bath, lavatory, basin, or sink must be separated and distinct from the outlet, and the inlet must be situated at the top or above such bath, lavatory, basin or sink. 31. Water may be supplied for other than domestic purposes either by meter or otherwise at the discretion of Municipal Council, but as a rule such supplies should be by meter . 32. Water supplied to premises occupied wholly or in part for the following purposes shall be considered as supplied for other than domestic purposes, namely: (a) for the purposes of conducting or carrying on any trade or manufactory in which water is used ; (h) for the purposes of hotels, of restaurants or of lodging-houses, or of private boarding-houses other than school boarding-houses, educational hostels, religious hostels and refreshment rooms, and restaurants not open to the general public ; (c) for public bathing places : (d) for keeping horses, cattle, or vehicles for sale or hire ; and (e) for any business in which water is used. XVIII 103 [Cap, 542 Cap. 542] COLOMBO WATER WORKS 33. All water supplied for the following purpo ses shall be considered as supplied for other than dom estic purposes, namely : (a) for swimming baths not used in connexion with any business : (h) for fountains or hydraulic motors not used in connexion with any trade (c) tor watering gardens or compounds, where special appliances or connections are fixed perm anently or temporarily to any service pipe or main for the purpose , (d) for building or road-making or road-repairing purposes other than Municipal roads : (e) for shipping. 34. (I) The prices of water supplied by meter in respect of premises paying consolidated rates or a fixed sum in lieu of such rates shall be as follows : (a) to premises occupied wholly or in part (I) lor the purposes of conducting or carrying on an) trade or manufactory, (n) lor the purposes of it hotel , restaurant, lodging-house or private boarding house, (III) as a public bathing place , (IL) lor keeping horses, cattl e. or vehicles lor sale or hire . (I) lUI the purpose 01 any other business In which water is used. at the rate of Rs. 1.10 per cubic metre or Rs. 5 per 1,000 gallons : (h) to premises upon which water is used for (i) swimming baths not used in connexion with any business, 55 cents per cubic met re or Rs. 2.50 per 1.000 gallons. (ii) foun tains and hydraulic motors not used in connexion with any trade . 55 cents per cubic metre or Rs. 2.50 per 1.000 gallons, (iii) building and road-making and road-repairing purposes, Rs. I. 10 per cubic metre or Rs. 5 per 1,000 gallons : (e) to pI emises wholl y occupied for residential purposes and upon which water is used for watering gardens or compounds, Rs. I. 10 per cubic metre or Rs. 5 per 1,000 gallons, for any quantity used in excess of that allowed free as follows : Quantity o/waler ul/owed ftee 0/ cIm'Ke perquarter eu.. metres Gul/OItS (i) premises with an annual value less than Rs. 2,000 150 33,000 (ii) premises with an annual value of Rs. 2,000 and under Rs. 3,000 180 39,600 (iii) premises with an annual value of Rs. 3,000 and under Rs. 4,000 200 44,000 (IV) premises with an annual value of Rs. 4,000 and under Rs. 6,000 220 48,400 (v) premises with an annual value of RI. 6,000 and under Rs. X.OOO 270 59,400 (vi) premises with an annual value of Rs. 8,000 and under Rs. 10,000 340 74,800 (vii) premises with an annual value of Rs. 10,000 and over 450 90,000 : (eI) for water supplied to premises, occupied wholly or in part, for domestic purposes and used through an external tap for horses or cattle or for washing vehicles, 55 cents per cubic metre or Rs. 2.50 per 1,000 gallons. (2) lhe price of water supplied by meter for shipping shall be as follows : (0) where the water is supplied to floating craft , other than water barges, Rs. 1.65 per cubic metre or Rs. 7.50 per 1.000 gallons : XVII / 104 COLOMBO WATER WORKS (h) where the water is supplied to water barges , Rs. 1.32 per cubic metre or Rs. 6 per 1,000 gallons (3) For the purposes of paragraphs (I) and (2), any outstanding fraction of 5 cubic metres or any quantity which falls short of 5 cubic metres shall be reckoned as 5 cubic metres or if the consumption is measured by the gallon any outstanding fraction of 1,000 gallons or any quantity which falls short of 1,000 gallons shall be reckoned as 1,000 gallons . 35. In all cases in which water is supplied in respect of premises paying consolidated rates or a fixed sum in lieu of such rates for the following purposes and not measured by meter, the following charges shall be paid in advance to the Municipal Council : (I) For water supplied to premises not less than a quarter of an acre in extent, with gardens or compounds where no special tap or appliance is provided for watering gardens or compounds : [Cap. 542 First half acre or part thereof Every quarter acre or part thereof in addition to the first half acre Per {Jttmter Rs. r, 22 50 7 SO Per Annum Rs. c. 90 0 30 0 (2) For water supplied to premises where horses , cattle , or vehicles are kept for sale or hire: For each carriage or motor For each jinricksha For horse or mule For each donkey For each bullock For each buggy Per Mensem Rs r. 5 0 I 25 4 0 I 75 I 75 I 25 (3) Charges for horses , cattle, or vehicles kept for sale or hire , but not specified above, shall be determined by the Muni cipal Council at rates proportionate to those specified. (4) For water supplied to premises where building operations are in progress (g) in the case of any extension, renovation or alteration in respect of any verandah, room or other enclosed or covered structure or in respect of any storeyed structure or basement to an existing structure, one cent for each Unit of ninety square centimetre or ten cents for each square foot of the area computed from the outer perimeter, of such verandah, room or other enclosed or covered structure or storeyed structure (in respect of each storey) or basement, as the case may be, and (h) in the case of any other extension, renovauon or alteration, one cent for each unit of five thousand cubic centimetres or five cents for each cubic foot 01 the work concerned Provided. however. that where the premises In respect of which such extension, renovation or alteration is carried out is unoccupied, and where the cost for the supply to such premises of water computed in the aforesaid manner is likely to exceed fifteen rupees, water shall he supplied to such premises by meter at the rate of one rupee and ten cents per cubic metre or five rupee\ for one thousand gallons. ()) For water supplied to eating-houses, bakeries, and other premises where small quannties of water are used for other than domestic purposes, the Municipal Council may assess a charge in each case based upon the probable quantity of water used. (6) For water supplied to public bathing places: For each tub kept on the premises (the capacity of any tub must not exceed 500 litres or I 10 gallons) Rs. 70 per quarter . (7) For water supplied for domestic purposes and used through an external tap for washing vehicles If /I 1ttR pipe IT simi!IIr gppgnzms is used in / onn!'( t/lJIIII ith tire external ftzp I f /I ItrR pipe IT similar gppgnzms is not used If! i onnec t/lJIIII ith tJr~ atemgllap per per per p~r mensem gnnum m~ns~m gnnum Rs. r, R.I'. r, R.I'. ('. R.I'. 1. (g) for one vehicle 50 60 0 3 75 45 0 (h) for each vehicle in excess of one 375 45 0 2 50 30 0 XVIII 105 Cap. 542] COLOMBO WATER WORKS 36. In the case of private boarding-houses other than school boarding-houses or educational or religious hostels, or in the case of houses taking in paying guests and paying consolidated rates, or a fixed sum in lieu of such rates, the Municipal Council may supply water at the rate of Rs. 2.50 per head per mont h on the average number of boarders or paying guests lodging at each such house during the month. 37. In the case of water supplied for purposes other than those specified above or in respec t of premises not paying consolidated rates or a fixed sum in lieu of such rates, the Municipal Council may make such charges in respect thereof as may, from time to time, be fixed by a resolution of the Council, provided no existing rights and privileges are thereby interfered with. 38. In case any special fittings, constructions, appliances, or arrangements of any kind shall have been allowed for the supply of water for other than domestic purposes (such as garden taps, tanks, hose, &c.). the owner shall , whenever a change of occupiers occurs, either himself pay the charges previously agreed upon, or procure their payment by the new occupier, or remove at his own expense the said special fittings, constructions, appliances, or arrangements to the satisfaction of the Waterworks Engineer. 39. All meters for measuring the supply of water from the waterworks to any premises shall be supplied by the Council and fixed by the Waterworks Engineer, and shall remain the property of the Municipal Council. 40. The cost inclusive of materials other than the meter and of labour and supervision, of fixing meters , other than meters fixed by the Waterworks Engineer for ascertaining the consumption of water used on the premises mentioned in regulation 35 (5), shall be paid in advance by the owner or occupier of the premises to which the water service is laid. 41. All meters shall be maintained by the Municipal Council, and all repairs to meters, unless the damage is caused wilfully or negligently, shall be made by the said Council free of cost to the consumer; but in the event of damage being wilfully or negligently caused, the owner or occupier of the premises to which the water service is laid shall pay the cost of repair or renewal of the meter as the said Council may direct. 42. The following rents shall be paid to the Municipal Council quarterly and in advance for the use of meters for one quarter or any part of a quarter; such quarters shall be considered to commence on the first day of January, the first day of April, the first day of July, and the first day of October : 10 inch meter Rs. 250 for a quarter or part of a quarter 8 inch meter Rs. 220 for a quarter or part of a quarter 6 inch meter Rs. 150 for a quarter or part of a quarter 4 inch meter Rs. 140 for a quarter or part of a quarter 3 inch meter Rs. 90 for a quarter or part of a quarter 2 inch meter Rs. 50 for a quarter or part of a quarter I~ inch meter Rs. 36 for a quarter or part of a quarter I inch meter Rs . 20 for a quarter or part of a quarter 14 inch meter Rs. 16 for a quarter or part of a quarter \7 inch meter Rs. 14 for a quarter or part of a quarter y. inch meter Rs. 6 for a quarter or part of a quarter In the case of a meter the size of which is expressed in metric units the rent shall be calculated at tne above rates on the basis that each 20 millimetres is equal to I inch. Where the size of a meter when converted to inches as aforesaid is not equivalent to any size of meter specified above, rent shall be calculated at the rate payable in respect of that size of meter specified above which is immediately larger than the size when so converted. 43. Meters shall be read at such times as the Municipal Council may direct, not less frequently than three times a quarter. Whenever a meter is read, a memorandum of the reading shall be left at the premises supp lied through it, addressed: - " The occupier ". 44. For the purpose of calculating the quarterly consumption the difference between two readings of the meter shall be taken. The first reading may be that observed on any day not more than ten days before or after the calendar date of the commencement of the quarter, or in case of a newly fixed meter the first reading of the meter, XVIII 106 COLOMBO WATER WORKS The second reading may be that taken on any day not more than ten days earlier or later than the calendar termination of the quarter, or if the meter is removed or the supply closed during the quarter, then the last reading shall be taken as the second reading for ascertaining the quarter's water consumption. If two or more meters have been in use during the quarter, then the quarter's consumption shall be the sum of the quantities indicated by the meters: Provided always that the reading used as the last reading of any quarter shall be used as the first reading of the ensuing quarter. 45. If a meter be found to be out of order, or if it be removed for repair or alteration, the facts shall be noted on the memorandum mentioned in regulation 43. On fixing a new meter or refixing the old one, a second memorandum shall be left at the premises supplied through such meter. The consumption for the time that the meter was out of order, or that the service was without a meter, shall be calculated according to the average rate of daily consumption that obtained during the period between any two successive readings whilst the meter was in good order immediately preceding the removal of the meter. 46. If the consumer doubts the accuracy of the meter which measures the water supplied to the premises occupied by him, then the meter shall on demand be tested by the Waterworks Engineer. The consumer or any person appointed by him may be present when the meter is tested. The result of the testing shall be binding both on the Waterworks Engineer and on the consumer, and the quantity of water indicated by the meter for the quarter as defined in regulation 44 shall be corrected according to the result of the test . If the meter be found to indicate correctly, or if it be found to indicate too little, then a fee of Rs. 40 shall be paid to the Municipal Council for testing by the person demanding the test . If the meter be found to indicate too much, then no fee shall be paid for testing. 47. The value of the amount of water consumed during the quarter shall be ascertained and calculated In accordance with the foregoing regulations. 48. (I) Where water for other than domestic purposes is supplied by meter an account of the amount due in respect of each quarter shall be rendered during the quarter following, in the form E in this Schedule. (2) Where such water is not measured by meter, an account of the amount payable in respect of each quarter shall be rendered, in the aforesaid form E, in advance during the preceding quarter : Provided that where the amount cannot be determined in advance, the consumer shall deposit by way of security such sum as the Council may by resolution prescribe. (3) It shall be the duty of every consumer to pay the amount to the Council in full within 15 days of any account being so rendered. 49. In all cases in which a meter is fixed an account shall be rendered quarterly for the rent of such meter in advance. The account shall be in form F in this Schedule, and the amount thereof shall be paid to the Municipal Council in cash in full within fifteen days of the rendering of such account. 50. No water shall be drawn from the waterworks , except from public fountains and house services in the manner laid down in these regulations, without the written consent of the Waterworks Engineer, except in the case of fire. 5 I. All moneys paid under the provisions of these regulations shall be carried to the credit of the Waterworks .. Meter Account ", and all expenditure by the Waterworks Engineer in carrying out the provisions of these regulations shall be chargeable to such account. 52. The forms prescribed by these regulations shall be subject to such modifications for the purpose of their adaptation to the circumstances as the Council, with the approval of the Minister may direct. XVIII 107 [Cap. 542 Cap. 5421 [Regulation 4.] COLOMBO WATER WORKS FORM A AGREEMENT for a supply of water by meter for other than domestic purposes between . . . . . . . . (hereinafter styled the .. owner "), on the one part, and the Municipal Council on the other part. 2. In consideration of being allowed a supply of water for other than domestic purposes, namely, for (a), (6) and (e), to the aforesaid premises . . . . . . . . . . .. the owner hereby agrees to abide by the conditions hereinafter set forth : (a) that the water shall be supplied through a , meter; (h) that the owner shall payor cause to be paid the sum of Rupees a quarter in advance to the Municipal Council for the rent of the meter . (c) that the owner shall payor cause to be paid to the Colombo Municipal Council at the rate of per cubic metre" Rupees --- -- ~--for the quantity of water supplied during the per thousand gallons month. The first payment to be made on the first day of. . . . . . 3. If the rent of the meter or the charges for water are not paid to the Municipal Council within fifteen days from due date, the right to the use of the service shall be forfeited, and the Municipal Council may discontinue the supply. 4. The provisrons of the Colombo Municipal Council Waterworks Ordinance and of the regulations made thereunder shall be taken as part of this agreement, and any regulations which may be made hereafter under any sections of the said Ordinance shall also be binding on the parties to this agreement. 5. The agreement may be determined by either party giving to the other party day's notice of his or its intention to determine the same. In the event of its being so determined, neither the owner nor the occupier of the premises shall be entitled to the use of the service until a fresh agreement shall have been made . 6. The owner shall give due notice whenever a change of occupiers is about to take place, and no occupier shall be entitled to the use of the service until he has agreed in writing to abide by the foregoing conditions. Signed at Colombo , this . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . , 19 . . [Regulation 7.J • [Delete whatever ISinapplicable I Witnesses to signatures: (I) . (2) .. I also agree to abide by the terms of the foregoing agreement. Signed at Colombo, this . . . . . . . . . . . . . . . . . . . . . day of . Witnesses to signature: 0) · . (2) . FORM B Owner. .. .. . . . . .. . ..., Waterworks Engineer, on behalf of the Municipal Counc il. .. , 19 . . . "0 ' Occupier. Municipal Council Office, Colombo, .... .... 19 Notice to alter Defective Service To the owner or occupier of house No , Street. Take notice that the service to the above-mentioned premises having on inspection been found to be defective. you are requested to take steps to carry out the alterations or repairs set forth in the accompanying memorandum, which I hereby certify to be necessary. Should you fail to carry out such alterations and repairs within . ... ..days after the receipt of this notice, the service will be discontinued from the Waterworks, and will not be reconnected until it is renewed, altered, or repaired to my satisfaction. Waterworks Engineer. XVIII 108 [Regulation 10.] [Regulation 12.] COLOMBO WATER WORKS FORM C Notice of intention to construct service, or to alter or extend or clean any existing service. No . To the Waterworks Engineer, Colombo. I hereby give notice of my intention to construct a service, or to alter or extend or clean the existing service, in the manner set forth in the schedule at foot, to . House No . Street Ward Annual rental, if occupied by tenant : Rs. . . . . . . . . . . . Annual value, if occupied by owner : Rs. . ... Sizeof existing service : . Number and size of existing taps : . The purpose for which water is required : . Whether for domestic or other purposes : . . . . . The purpose for which the premises are occupied . . . . . . Particulars ofproposed Works Piping 0 n Private Premises Taps Cisterns Length Size Number Position Size Capacity Position Remarks Signature of Owner : Signature of Occupier Address of Owner : FOR M D Municipal Council Office, Colombo, , , 19 , , .. No. . . . In account with the Municipal Council. Date Description of Works Rs. c To material supplied in laying service or fixing meter to No. ., Street To labour and supervision in connexion with above Total Amount deposited B al ance due to . . . . (Signed) . . . . . . . . • Waterworks Engineer . XVIII 109 [Cap. 542 Cap. 542] COLOMBO WATER WORKS Form E Municipal Council Office , Colombo, . . . . . , 19 No . In account with the Municipal Council of Colombo for water supplied to No , . . . . . . . . . Street. during the quarter ending . Reference Water Account Rs. c No. R e a d i n g 0 n Reading on Wa I e r consumed, a I R s . per cubic melre per L()()(J gallons Waler supplied for other than domestic purposes not measured by meier I Amount due I Waterworks Engineer. N . B.-/ have to call upon you to pay the above amount at the office of the Colombo Municipal Council within fifteen days of the above date , in accordance with the Colombo Municipal Council Waterworks Ordinance. Form F Municipal Council Office, Colombo, , 19 . . . . . . . No. In account with the Municipal Council for rent of meter fixed at No , Street, for quarter ending . . . . . .. • . Meter Account Reference Size of Meter, Rs. C. No. Renl due for q u a r I e r ending. A m 0 u n I Waterworks Engineer. N. B.-/ have 10 call upon you 10 pay Ihe above amounl al the office of the Municipal Council within fifteen days of the above date . in accordance with the Colombo Municipal Council Waterworks Ordinance. XVIII 110 [Regulation 48.] [Regulation 49.]