Section 49 in The Chennai Metropolitan Water Supply and Sewerage Act, 1978
49. Power to cut off water supply.
(1)Notwithstanding anything contained in this Act, the authorised authority may cut off the connection between any waterworks of the Board and any premises to which water is supplied from such works or may turn off such supply in any of the following cases, namely:-(a)if the premises are unoccupied;(b)if after receipt of written notice from the authorised authority requiring him to refrain from so doing, the owner or occupier of the premises continues to use water or to permit the same to be used in contravention of this Act or any other law or any regulation or other instrument made thereunder;(c)if the owner or occupier refuses to admit any authorised authority into the premises for the purposes of making any inspection relating to water supply or sewerage service, or prevents such authority from making such inspection;(d)if the owner or occupier of the premises fails to fix or prevents the fixing of a meter as required by or under the provisions of this Act, or wilfully or negligently injures or damages the meter or otherwise interferes with any pipe or tap or main or other work conveying water from any works of the Board;(e)if any pipes, taps, works or fittings connected with the supply of water to the premises be found on examination to be out of repair to such an extent as to cause such wastage of water that immediate prevention is necessary;(f)if by reason of a leakage in the service pipe or fittings, damage is caused to a public street and immediate prevention is necessary;(g)if there is any water-pipe situated within the premises to which no tap or other efficient means of turning off the water is attached;(h)if house sewers are maintained without conforming to the provisions of this Act, or such sewers are not contracted or maintained, when required under this Act;(i)if the owner or occupier fails to pay within due time any money due to the Board under this Act, or any regulation or other instruments made thereunder;(j)if there is any default in complying with any requisition made under this Act, or of any provision of this Act or any instrument made thereunder is contravened:Provided that except in the case, where by reason of any of the circumstances referred to in clauses (d) to (g), there is risk of contamination of water, the authorised authority shall not cut off such connection or turn off such supply, unless notice of not less than twenty-four hours has been given to the owner or the occupier of the premises, as the case may be.(2)No action taken under or in pursuance of this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred.(3)The expense of cutting off the connection or turning off the water supply and of restoring the same determined by the authorised authority in any case referred to in sub-section (1) shall be paid by the owner or occupier of the premises:Provided that no charge for such expense shall be made in the case mentioned in clause (a) of the said sub-section.(4)In cases where water supply has been cut off pursuant to clause (i) of subsection (1), the authorised authority shall restore the water supply as before as soon as all money due, together with the expenses referred to in sub-section (3), have been paid by the owner or occupier.(5)Where the authorised authority has cut off or has issued any notice to cut off water supply to any premises under this section, no Court or other authority shall issue any order or direction in the nature of injunction, stay or otherwise except after giving a reasonable opportunity to the Board of being heard.
