MIZORAM WATER TARIFF ACT,
1991
Preamble - MIZORAM WATER TARIFF ACT, 1991
THE MIZORAM WATER TARIFF ACT, 1991
[Act No. 04 of 1991]
[04th March, 1991]
PREAMBLE
An Act to levy reasonable tariff on the
consumption of piped water supply or so in the State of Mizoram.
Whereas
it is expedient to levy water charges/connection fee in Mizoram in supersession
of all earlier orders issued by the Government in this regard and to control
and regulate the water supply system with a view to promoting a sense of
belonging to the public and meeting a substantial part of the operational and
maintenance expenses of the water supply system.
It is
hereby enacted by the Legislative Assembly of Mizoram in the Forty Second Year
of the Republic of India as follows:-
Section 1 - Short title extent and commencement
(1)
This Act may be called the Mizoram Water
Tariff Act, 1991.
(2)
It shall extend to the whole of Mizoram.
(3)
It shall be deemed to have come into force
with effect from 11th September, 1990.
Section 2 - Definitions
In
this Act, unless the context otherwise required:-
(a)
"Consumer" means an owner of the
land and buildings to which piped connection for supply of water has been
provided by the Department under this Act, and includes a tenant or lessee of
such owner;
(b)
"Department" means the Public
Health Engineering Department
(c)
"Executive Engineer" means the
Executive Engineer incharge of a Division in Public Health Engineering
Department;
(d)
"Government" means the Government
of Mizoram;
(e)
"Ground Floor" means the floor at
the road level;
(f)
"Semi-Urban Areas" means the areas
declared as Sub-towns by the Mizoram State Revenue and Settlement Department;
(g)
"Urban Areas" means the areas
declared as urban areas by the Government in official gazette;
Section 3 - Consumers of Water
On and
from the commencement of this Act, Water tariff, fees and other charges shall
be levied in respect of lands and buildings of a consumer in urban or
semi-urban areas;
(a)
to which water supply is provided by the
Department or which are connected by means of pipes from water tanks or mains
of the Department; or
(b)
where water supply is made available by the
Department through pipes, public water points or Hand Pump Tube-wells or by any
other means.
Section 4 - Procedure of new Water connections
(a)
Any person having own land or building within
the urban and semi-urban areas where water supply facility is made available by
the Department may apply to the Executive Engineer concerned in prescribed form
for pipe water connection;
(b)
The application so received shall be recorded
by the concerned Executive Engineer who shall submit the same to the Government
or any other officers authorised in this behalf for sanction if technically
found feasible;
(c)
After obtaining sanction of the Government or
the authorised officer, the concerned Executive Engineer shall prepare estimate
after detailed site inspection/measurement as may be necessary. The estimate so
prepared will, among others, include cost of materials, wages of labour,
lumpsum connection fee etc;
(d)
The estimate duly approved by the Executive
Engineer shall be submitted to the applicant who will deposit the amount under
the Head-Deposit-III. After the estimated amount is deposited, the concerned
Executive Engineer shall cause to provide water connection as expeditiously as
possible and allot a definite consumer number;
(e)
The Water Connection shall be ordinarily
provided from the supply tank. In case, this is not feasible, the concerned
Executive Engineer shall obtain approval of the concerned Superintending
Engineer for providing water connection from other than supply tank;
(f)
A galvanised Iron Pipe of 15 millimeter
diameter or 20 millimeter diameter of medium quality shall be normally used for
providing water connection. In the event of any requirement of bigger size of
Galvanised Iron Pipe, the concerned Executive Engineer shall obtain prior
approval of concerned Superintending Engineer;
(g)
The water connection shall be provided to the
ground floor or any other floors below the ground floor of any building only.
Section 5 - Collection of tariff, fees and charges
(a)
No applicant under clause (a) of section 4
shall be given a new Water Connection unless such applicant makes payment for
new connection fee and all other charges within 30 day of the receipt of the
Bill form the Department;
(b)
The monthly water charges shall be payable
within the stipulated time limit to be reflected in the bill which will not
normally exceed 30(thirty) days from the date of issue of the Bill;
(c)
Simple interest at the rate of 18% per annum
on total amount due shall be levied if not paid within the stipulated period;
(d)
The fee from consumers other than the owner
of piped water connection as in clauses (b), (c) and (d) of section (shall be
collected without preferring any bill by an officer or persons designated and
authorised by the Department in writing for the purpose;
(e)
In the event of any default in the matter of
payment of water charges, fees etc., the water connection shall be liable for
disconnection;
(f)
Any sum due from a Consumer on account of
supply of water and charged under section 6 and interest, if any, if not paid
within the prescribed time and in the prescribed manner, shall be recoverable
by the State Government as an arrear of land revenue from the defaulting
consumer or his heirs or assigns as the case may be.
Section 6 - Rates of fees, charges, etc
The
rate of water tariff, fees and charges levied shall be same for all purposes
and paid by a Consumer as follows:
(a)
A new connection fee of Rs. 500/- (Rupees
five hundred only) for each new pipe water connection;
(b)
Re. 0.025 (Two and half paise) only per
Gallon per piped water connection shall be charged as tariff for supply of
maximum 3000 (three thousand) Gallons per month per piped water connection for
lands or buildings of the consumer subject to a minimum charge of Rs. 75.00
(Rupees seventy five) only per month;
(c)
Re. 0.07 (Seven paise) only per Gallons per
piped water connection for supply of water in excess of 3000 (three thousand)
Gallons but not exceeding 9000 (nine thousand) Gallons per month to the
consumer;
(d)
Re 0.10 (ten paise) only per Gallon per piped
water connection supply of water in excess of 9000 (nine thousand) Gallons per
month to the consumer;
(e)
Rs. 5.00 (Rupees five) only per month shall
be charged to each family of consumer from public point and Hand Pump Tubewells
in all urban and semi-urban areas;
(f)
Re. 0.07 (seven paise) only shall be charged
only per Gallon if water is purchased from the Department.
Section 7 - Water Meters
The
Government shall provide water meter for Water connection as far as possible
irrespective of whether the consumers asked for it or not. However, the reading
of meters indicating the quantity of consumption of water shall be presumed to
be correct unless the contrary is proved and in case of dispute, the decision
of the Department shall be final.
Section 8 - Restriction on the use of water
No
water shall be used except for the purpose for which water supply is provided.
Section 9 - Prohibition and prevention of wastage of water
(1)
No owner or occupier of any land or building
to which water is supplied by the Department shall either wilfully or
negligently or otherwise suffer such water to be wasted or shall suffer pipe,
taps, works and fittings for the supply of water to remain without repair so as
to cause wastage of water.
(2)
No person shall cause wastage of water misuse
of public stand posts, pipes, drinking foundation or hydrants.
(3)
Whenever Executive Engineer has reasons to
believe that as result of any defect in pipes, taps or fitting connected with
water supply, the water supply to the land or building is being wasted, he may,
by a written notice, require the owner or occupier of the land or building
within such period, as may be notified in the notice to repair and make good
the defect.
(4)
If the repairs are not effected within the
time specified in the said notice, as in sub-section (3) of this section, the
Executive Engineer may cause such repairs to be made in order to stop wastage
of water. The cost of such repairs shall be recovered from the owner or the
occupier of the land or building as an arrear of water charge.
(5)
No owner or occupier of any land or building
in or on which the water is supplied by the Department under this Act is
misused either wilfully or negligently for which pipes, mains or other works
are out of order to such an extent as to cause wastage of water, shall, if he
has knowledge thereof, be bound to give notice of the same.
Section 10 - Misuse and causing damage to water-works valves and hydrants
(1)
No person shall damage or cause damage to
water Reservoirs, mains, pipes or other appliances for supply of water under
the management or control of the Government.
(2)
No person shall draw off or divert any water
from Water Reservoir, mains, pipes or hydrants under the management and control
of the Government.
(3)
No person shall tamper with any meter or
valves provided by the Department.
(4)
No person shall open or keep open the valves
or any water works of he Department used for supply of water to the public.
(5)
No person having opened such valve shall fail
to close the same tamper with any valve or hydrant not intended for supply of
water to the public.
Section 11 - Power of Executive Engineer to cut off or turn off supply of water to land and buildings
(1)
Notwithstanding anything contained in this
Act, the Executive Engineer may cut off the connection of any waterworks of the
Government to any land or building to which water is supplied from such works
or may turn off such supply, for any of the following cases namely:-
(a)
if the land or building is unoccupied; or
(b)
if after receipt of a written notice from the
Executive Engineer requiring him to refrain from so doing, the owner or
occupier the land or building continues to use the water or permit the same to
be used in contravention of this Act or any regulation made thereunder; or
(c)
if the owner or occupier of any land or
building to which water supply is made by the Department refuses to admit any
officer or employee of the Government duly authorised in that behalf into the
land or building for the purpose of making any inspection relating to water
supply or prevent such officers or employees from making such inspection; or
(d)
if the owner or occupier of the land or
building wilfully or negligently injures or causes demage the mater of any pipe
or tap conveying water from any works or the Government; or
(e)
if any pipes, works or fitting connected with
supply of water to the land or building is found, on examination, out of order
to such an extent as to cause such wastage of water that immediate prevention
is necessary: or
(f)
if by reasons of leak in the service pipe or
fitting, damage is caused to a public street and immediate prevention is
necessary: or
(g)
if there is any water pipe situated within
the land or building to which ho tap or other efficient means of turning the
water off is attached;
Provided
that except in the case where by reason of any of the circumstances referred to
in clauses (a), (b), (c), (d), (e), (f) and (g) of this section, there is a
risk of contamination of water, the Executive Engineer shall not cut off such connection
or turn off such supply unless notice of not less than 24 hours is given to the
owner or occupier of the land or building as the case may be.
(2)
No action taken under or in pursuance of this
section shall relieve any persons from any penalties or liabilities, which he
otherwise any have incurred.
(3)
The expense of cutting off the connection or
turning off the water and or restoring the same as referred to in sub section
(1) shall be paid by the owner or accupier of the premises.
Section 12 - Offences and penalties
If any
person contravenes any order made under sections 9 and 10, he shall be guilty
of an offence triable by Magistrate of the first class and on conviction, shall
be liable --
(a)
in the case of an order made with reference
to sub-sections (1) and (2) of section 9 and sub-sections (1), (2) and (3) of
section 10, to punishment with imprisonment for a term which may extend upto
six months and shall also be liable to fine not exceeding one thousand rupees;
(b)
in the case of an order made with reference
to sub-sections (4) and (5) of section 10, to punishment with imprisonment for
a term which may extend to 3 months and shall also be liable to fine not
exceeding five hundred rupees:
Provided
that none of such contraventions as mentioned above shall be deemed to be a
cognizable offence as defined in the Code of Criminal Procedure, 1973:
Provided
further that if the Court is of the opinion that sentence of fine only will
meet the ends of justice, it may for reasons to be recorded refrain from
sentence of imprisonment.
Section 13 - Disputes between the Department and the consumer
(1)
The Superintending Engineer or such other
officer not below the rank of Executive Engineer or such other officer may be
authorised by the Government in that behalf shall have the power to decide all
disputes relating to the liability for the payment of tariff, fees and other
charges or exemption therefrom.
(2)
Subject to the decision in appeal before such
authority as may be constituted by the State Government in that behalf by a
duly notified order in the Mizoram Gazette, preferred within three months from
the date of the order under sub-section (1) above and such order shall be
final.
Section 14 - Power to make rules
(1)
The State Government may make rules for the
purpose of carrying into effect the provisions of this Act.
(2)
In particular and without prejudice to the
generality of the foregoing power, such rules may provide for:
(a)
the manner of collection and payment to the
State Government of the water tariff, fees and charge in section 5;
(b)
the matter relating to consumption and
fixation of water tariff, fees and charges including marginal adjustments
whether covered specifically by section 6 or not;
(c)
the manner and procedure of entertainment and
disposal of the disputes and the appeals therefrom as provided in section 13;
(d)
manner of maintenance of records, returns
etc. and prescription of forms necessary thereof;
(e)
any other matter for which provision is, in
the opinion of the Stale Government necessary to be made for giving effect to
the provisions of this Act.
Section 15 - Power to exempt from payment of water tariff, fees or charges and to revision of the rates thereof
The
State Government shall have the power to exempt any person or institution or
Government body or Organisation from payment of any tariff, fees or charges for
having water supply connection and consumption thereby from the Department in
the cases as willdeem fit, and shall have the power to revise the rates
provided in section 6 from time to time by way of necessary amendment.
Section 16 - Power to remove difficulty
If any
difficulty arises in giving effect to the provisions of this Act, the State
Government shall have the power as occasion may arise, by order to do anything
not inconsistent with the provisions of this Act which may appear to it
necessary for the purpose of removing the difficulty.
Section 17 - Repeal and savings
(1)
The Mizoram Water Tariff Ordinance 1990 is
hereby repealed.
(2)
Notwithstanding such repeal anything done or
any action taken under the Ordinance so repealed shall be taken into account as
action taken or done under this Act.