The
(Filtered Water Supply) Bye-laws,
2006.
[File
No. Policy/2003-2004/EE(W/S].
The New Delhi Municipal Council, New Delhi propose to
make the following bye-laws under
section 388(1)B read with section 391 of
the New Delhi Municipal Council Act, 1994(Act. No. 44 of 1994) relating to
filtered water supply namely:-
“The
(Filtered Water Supply) Bye-laws,
2006.
1. Short title,
commencement and applicability.--
(1)
These bye-laws may be called “The New Delhi
Municipal Council (Filtered Water Supply) Bye- Laws, 2006”.
(2)
These bye-laws shall apply to
(3)
These bye-laws shall come into force from the
date of their publication in the Official Gazette.
2. Definitions.-- In these bye-laws, unless the context otherwise requires--
(1)
“Act”
means the New Delhi Municipal Council Act, 1994 (44 of 1994);
(2)
“Chairperson” means the Chairperson of the
Council and includes a municipal officer or other municipal employee authorized
by him by order under section 400;
(3)
“charges”
includes any rates, tariff, duty, cess, deposits, rentals, surcharge,
development charges or any other charges levied by the Council or payable to
it;
(4)
“consumer” includes any person in whose name a water
connection is registered in the office of the Council;
(5)
“departmental
charges” means the charges fixed by the Chairperson for defraying its
establishment and overhead costs in respect of any work;
(6)
“person” includes a company or an association or a body of
individuals or persons, whether incorporated or not;
(7)
“plumber”
means any person licensed under the Act or under the bye-laws made by the
Council to work as licensed plumber;
(8)
“section”
means a section of the Act; and
(9)
The
words and expressions not defined in these bye-laws, but defined in the Act,
shall unless the context otherwise requires, have the meanings assigned to them
in the Act.
3. Application for grant of
water connection.--
(1)
Any
person being an owner/occupier of premises may apply to the Executive Engineer
(Water Supply) on prescribed Form-I attached to these bye-laws for supply of
filtered water to the said premises for domestic or non-domestic purposes.
(2)
For permanent water connection:
(a) In the case of owner of
premises,--
(i) Where it is a new building or premises, he shall deposit
completion plans showing the building or premises to which a water connection
is required and the proposed size and alignment of the pipelines to be
laid. Such plan shall show the position
of stop valves, washing cisterns, sinks, taps, hot water boilers and all other
fittings to which a supply of water is to be given or from which water is to be
taken.
(ii)
Where
it is an old buildings, he shall submit service plan duly signed by a licensed
plumber showing existing and proposed water connection and also submit latest
copies of house tax receipts and of electric/water bills. In case sanctioned completion plan is not
available with him, he shall submit an affidavit as per Form-II.
(b) In the case of a tenant, he shall submit service plan showing
existing and proposed water connection, rent receipt/no objection certificate
from the landlord or any other proof of tenancy such as copies of latest
electricity bills/water bills and also an affidavit in the prescribed Form-III that no unauthorized construction exists in
the premises. Such water connection
granted to the tenant may continue till there is a change in tenancy in which
case the new tenant will have to apply afresh for new water connection.
(3)
For temporary water connection:
A temporary water
connection may be granted for a specific period for religious/social functions,
exhibitions, and also for providing drinking water to labourers of construction
work or for other purposes.
(4)
Deposits,
the scale of the amount of which shall, from time to time, be fixed by the
Council, shall be made by the applicant in the treasury of the Council, in
respect of the following items:-
(a) Inspection fees and other fees.
(b) Cost of joining the applicant’s pipes
with Council’s mains.
(c) Cost of fixing one or more water meters for the connections.
(d) Security deposit.
(e) Road restoration charge, as per the prevailing quality of the
road.
4. Power
of entry and inspection.---Presentation of the application under bye-law 3 shall be deemed to
authorize the Chairperson to enter the premises after reasonable notice and
between sunrise and sunset, and to inspect, examine and test the applicant’s
pipes, taps, and receptacles with which connection is to be made , and the
drains, water closets, receptacles and latrines into which water received is to
be discharged. He may give such
directions as to maintenance, repair, renewal and alteration of the existing
system of water supply and sewerage disposal as he may think fit.
5. Rejection
of application.---
(1) An application for grant of water connection is liable to be
rejected if--
(i) save as other wise provided in sub-bye-law (3) of bye-law 3,
the building is not complete and declared fit for occupation by the competent
authority, or
(ii) the deposits referred to in sub-bye-law(4) of bye-law 3 have
not been made.
(2) The Chairperson may, after such examination of the applicant’s
premises and the system of piping as he may deem fit, reject the application if
the work has not been done according to the requirements of the bye-laws :
Provided
that the applicant will be given an opportunity to represent his case before
his application is rejected.
(3) In case the application is rejected, the applicant shall be
refunded the deposit, if any, made by him under sub-bye-law(4) of bye-law 3,
after deducting the amount of inspection and other fees.
6. Acceptance
of application.--- If the application is not rejected under
bye-laws 5, it shall be deemed to have been accepted. The Chairperson may grant
a connection and levy charges at such rates as may be fixed by the Council,
from time to time.
7. Who
is a consumer.--- (1) As soon as a connection is made, the applicant shall
be deemed to be the consumer in respect of said premises:
Provided
that the name of the consumer in case of supply of water for domestic purposes,
in the case of his death, may be substituted in favour of legal heir or any
blood relation on depositing a substitution fee of Rs. 1000/-(Rupees one
thousand only).
Provided
further that where there has been mutation of property in the house tax
Department necessary substitution of the name of the consumer in respect of
supply of water for domestic purposes, may be allowed subject to the condition
that he deposits a substitution fee of Rs. 1000/- (Rupees one thousand only).
(2) For any change in the name of consumer
for supply of water for non-domestic purposes, the party will have to apply
afresh.
8. Quantity
of water consumed.—Testing of meters
(1) It shall be presumed that the quantity indicated by the water
meter provided by the Council has been consumed.
(2) A consumer may, however, challenge, in writing, the accuracy
of the meter reading by depositing a testing fee of Rs. 100/- (Rupees one
hundred only) or as decided by the Council from time to time. On being tested, if the meter is found to be
inaccurate by more than 5%, testing fee shall be refunded to the consumer and
necessary assessment for consumption of water will be made on the basis of test
results found in respect of old meter and future readings of new meter taking
into account various factors. If it is
5% or less, the difference in quantity shall be ignored, but the meter shall be
got replaced, wherever considered necessary.
(3) If it is not possible to provide a new meter, for any reason
whatsoever and the water meter is found defective, the charges for water supply
shall be worked out on the basis of average consumption during the
corresponding period of previous year.
Consumer may however, provide his own meter after getting calibration
and test certificate duly approved by the Chairperson.
(4) Wherever the Council does not provide a water-meter, for any
reason whatsoever, the consumer may procure his own water-meter (together with
a test report) of any brand approved by the Chairperson in which case meter
rent shall not be charged from him.
9. Water
charges, etc.--- A consumer shall be liable to pay the
following charges:-
(1)
Meter
rent, if a meter is fixed for his connection by the Council, according to the
rate for the time being in force.
(2)
Cost
of fixing, maintaining and altering the connection pipe, meter and stop cock
according to the rate for the time being in force.
(3)
Water rate calculated either according to the
size of the ferule or according to the reading of the meter or according to the
flat rate, which may have been fixed by the Chairperson.
(4)
Cost
of damage, if any, and for loss of meter, stop cock, surface box and all other
material installed by the Council.
10. Fixing of flat rate.---
The Chairperson may fix a flat rate for any connection for any given
period.
11. Serving
of Bills.--- The Chairperson shall serve a bill
on the consumer for the amount due for the water connection and the charges for
water supplied as per section 64.
12. Payment
of Bills.--- Within such time as may be fixed
by the Chairperson, the consumer shall pay to the Council, the amount shown in
the said bill notwithstanding any objection he has or may have to make as to
correctness.
13. Water
supply to be regulated.--- The Chairperson may from time to time regulate and limit the hours of
water supply in any area or for any purpose or for any other reasons which he
may deem fit.
14. Cutting or turning off
water supply.---
(1) The Chairperson may cut off or turn off water supply without notice
if the consumer:-
(a) requests that the connection may
be disconnected; or
(b) has failed to pay his bill within the
prescribed time; or
(c) is causing or suffering waste of water
from his pipes or makes or suffers unauthorised use of it on account of using
potable water for washing of roads/paths and for irrigation of lawns, etc. or
(d) is causing willful waste or
unauthorized use of the Council’s water; or
(e) on expiry of period of validity
of temporary water connection.
(2) The Chairperson may,--
(a) cut off any connection
temporarily, without any notice, if water is needed for any pressing and
important public purpose, or to make another connection or repairs.
(b) Cut off water connection without any
notice, if building has been demolished.
15. Application
for disconnection/reconnection.---
(1) Applications for disconnection or reconnection shall be made
in writing atleast 14 clear days in advance of the date on which it is
required.
(2) Fee for disconnection or
reconnection may be such as may be determined by the Council, from time to
time.
16. Alteration in position of
connection.--- After obtaining written sanction from the
Chairperson, a person may alter the position of connection from which he will
lay system of piping. The applicant shall have to deposit necessary
departmental charges, inspection fee, restoration charges of roads, lanes,
road-berms or any other charges, as may be levied by the Chairperson.
17. Obligations of a
consumer.--- A
consumer shall,---
(1)
maintain
his system of piping and sewer in thorough working order and report to the
Chairperson as soon as possible any defect arising therein.
(2)
not
alter or add to the system of his piping or sewer without written sanction of
the Chairperson,
(3)
not
permit any person other than a plumber licensed in this behalf to lay, relay,
repair or in any way alter or add to his system of piping, in connection with
premises connected with the water pipes of the Council;
(4)
not
interfere with the meter or stop cock connected with his supply pipe;
(5)
not
use or suffer or permit to be used a Council’s connection in such a way as to
cause waste or unauthorized use of the Council’s water; and
(6)
not
use or permit to be used any contrivance having the effect, at any time, of
joining the Council’s system of piping with any other source of water or of
joining the Council’s filtered water system.
18. Service
of notices, etc.--- All bills and notices required by the Act, or
by these bye-laws to be served on a consumer shall be served in accordance with
sections 353 and 354.
19. Public
hydrants.---
(1) No person shall bath or wash clothes or other articles at a
public hydrant, or tamper or damage a public hydrant, or draw or attempt to
draw water from a public hydrant except by the proper method, or willfully
waste or suffer to run to waste water from a public hydrant.
(2) Any person wishing to draw filtered water from a public
hydrant for work in a private premises, or for drinking purposes of labourers
of construction work, he shall first obtain written permission of the
Chairperson. He shall pay for the water
as registered by meter on commercial rates.
20. Delegation
of authority.--- Where under these bye-laws any act is required or
authorised to be done or where any permission is to be given by or on behalf of
the Council or the Chairperson, the same may be done or given by any municipal
officer or other municipal employee authorised in this behalf.
21. Penalty.--- Any person who contravenes any provision of
these bye-laws is liable to be punished in accordance with the provisions of
section 390 of the Act.