Section 365 in The Orissa Municipal Corporation Act, 2003
365. Power to cut off private water supply to turn off water.
- The Commissioner may cut off the connection between any Corporation water works and any premises to which a private water supply is provided by the Corporation or turn off the water from such premises in any of the following cases, namely(a)in default of payment of any water tax or of any sum due for water or hire of meter or expenses of any work done under or by virtue of any of the provisions of this Chapter within fifteen days after a notice of demand for such tax or sum has been duly served;(b)if the owner or occupier of the premises neglects, within the period specified in this behalf in any notice given under Subsection (4) of Section 359 or under Sub-section (2) of Section 364 to comply with any requisition made to him by the Commissioner regarding the provision of any cistern, fitting, lock or key or any means of access to such cistern;(c)if the owner or occupier of the premises fails, within the period specified in this behalf in any notice given under Sub-section (2) of Section 364 to comply with the terms of such notice or fails to use articles determined under Sub-section (6) of section 359;(d)if after receipt of a written notice from the Commissioner requiring him to refrain from so doing, the owner or occupier of the premises continues -(i)to use the water, or to permit the same to be used, in contravention of any rule or bye-law made under this Ac; or(ii)in case where payment for the water is made not by measurement, to permit any person not residing on premises in respect of which tax is paid to carry away from such owners or occupiers premises water derived from the Corporation water works;(e)if the owner or occupier of the premises willfully or negligently injures or damages any meter, pipe, cistern or fittings or lock thereof in such premises;(f)if the owner or occupier of the premises fails to comply with any requisition made on him, by the Commissioner under Sub-section (2) of Section 376, to furnish the name of the licensed plumber :Provided that -(i)in any case under clause (a) the Commissioner shall not take action unless not less than fifteen days previously a copy of the notice of demand in respect of the tax or sum has been affixed to a conspicuous part of the premises;(ii)in cases under clauses (b) and (f) the Commissioner shall not take action without the sanction of the Standing Committee;(iii)in cases under clause (c) and (e) the Commissioner shall not take action unless written notice of not less than twenty-four hours has been, given to the owner or occupier of the premises; and(iv)in case falling under clause (b) the Commissioner shall not take action unless not less than fifteen days previously a copy of the notice under Sub-section (3) of Section 359 or under Section 360, as the case may be, has been affixed to a conspicuous part of the premises.
