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State of Arunachal Pradesh - Section

Section 3 in Arunachal Pradesh Water Supply Act, 2015

3. Provision of Water.

(1)
(a)The department shall on an application made to it by the owner of any premises or by the occupier with the consent in writing of the owner thereof, grant supply of water for domestic purposes under this Act except the following, namely
(i)for any trade, manufacture or business;
(ii)for gardens or for purposes of irrigation;
(iii)for building purposes including construction and watering of roads or streets;
(iv)for public bath or tanks or for any ornamental or mechanical purposes;
(v)for animals where they are kept for sale or hire or for the sale of their produce or any preparation therefrom;
(b)No person shall use or be allowed to use water supply for any purpose other than domestic purpose except with the previous approval of the competent authority.
(c)No person shall, without the permission of the competent authority make or cause to be made any connection with the Government main pipeline.
(d)Notwithstanding anything contained in any other law for the time being in force or any deed executed under this Act or rules made thereunder, the Government or its officers and employees shall not be liable for any damage or penalty for, discontinuing the supply of water or failure to supply water to any person or to any area if the cause of such failure is beyond the control of the Government, its officers and employees.
(2)Procedure for water connection-
(I)Application for water connection
(a)An application for water supply connection from the Government Main shall be made in Form W/S -1 by duly filling in all the requisite information sought therein.
(b)Application Forms can be had during office hours from the office of the Executive Engineer, Public Health Engineering & Water Supply Division, on payment of L 10 (rupees ten) only
(c)The duly filled up Application Form should be submitted along with the Site plan in the office of the Executive Engineer, Public Health Engineering & Water Supply Division showing following details.
(i)All units, such as Kitchen, out house, etc (not attached to the building) where water is proposed to be taken.
(ii)All roods, footpath and drains to be crossed by the consumer line.
(II)Approval for Water Supply Connection:-
(a)After the receipt of the application, the Department shall prepare a Data Sheet in Form W/S-l I and make necessary corrections in site plan, verify data and carry out other necessary scrutiny of the application.
(b)The Competent Authority shall thereafter approve the connection point, method of the connection, connection fees to be paid by applicant, water tax and/ or water charges if he is satisfied that the data as sought-for in the Application Form and other procedures have been correctly abided and met by the applicant.
(3)Intimation to applicant for making Payment for Water Connection The applicant shall, thereafter, be informed through an intimation letter in duplicate in Form W/S -III indicating amount of connection fee and other charges as may be applicable. The applicant shall, thereafter, return the original Form duly signed, along with the Bank Receipt for the amount paid as cost of the Form.
(4)Grant of Permission:- Consequent upon payment of the required amount by the applicant under sub-clause (b) of clause (ii) of section 3, the competent authority shall issue a letter in Form W/S-iV permitting the connection of consumer's main from the Government main as per the procedures stipulated under the provisions of the Act and as per the directions communicated to the applicant.
(5)Method of Laying of Consumer Pipelines:-
(a)The connection shall be provided to the ground floor or any other floor below the ground floor of any building. For lifting of water to higher levels, the owner shall make his own arrangement with prior approval of the competent authority.
(b)All pipes and fittings including meters, pumps, tanks and accessories shall be of approved Indian Standard Institute specification.
(c)Pipe must be buried minimum one foot underground in all cases. They can be exposed above ground, provided underground concealing is not possible for which the prior approval of the department shall be obtained.
(d)All pipe lay outs should be in geometrical form and should present aesthetic look.
(e)Sizes of pipes and taps in all cases shall be half inch (15mm) in dia unless otherwise approved by the Department in writing.
(f)No pipe shall be laid adjacent to sewer lines or drains unless the pipe is encased inside Cement Concrete or Reinforced Cement Concrete beam and is approved by the Department.
(g)All the connections shall be carried out by Licensed/ designated Department plumbers only.
(6)Supply of Water to Government Agencies, etc :
(i)Where the Department agrees to supply bulk water or any quantity of water to Government agencies, institutions, or Defence organizations, such Government agencies, institutions or defence organization shall furnish all the relevant details as may be sought by the department prior to approval and provide all such information in manners stipulated under sub-section (2) and allotment of fund.
(ii)In case the Department has to maintain the Water Supply of the above mentioned consumer/parties, the maintenance cost assessed by the Department shall be final and shall be borne by the consumer/parties wherever applicable.
(7)Licensed Plumbers:-
(i)The Superintending Engineer, having jurisdiction over the area, on recommendation of Executive Engineers, shall appoint the plumbers from amongst the existing Work Charged fitters or casual labourers based on their performance, sincerity, basic practical knowledge in the field of fitting and fixing of pipes and fixtures and issue license accordingly.
(ii)No person other than a licensed plumber appointed by the competent authority or person duly authorized by it shall execute any work relating to a water connection, not being a work of a trivial nature and no person shall permit any such work to be executed by a person other than such a person.
(iii)No licensed plumber shall contravene any of the specifications or standards relating to execution of such works provided in the Act or specified by the competent authority or execute such works using sub-standard materials, appliances or fittings.
(iv)Where any such work is executed in contravention of sub-clauses (ii) and (iii), such connection is liable to be refused or disconnected.
(v)No licensed plumber shall demand or receive any extra charge for any such work in excess of the estimated cost approved by the competent authority and the Amount deposited to the Executive Engineer.
(vi)If any licensed plumber executes any such works in contravention of provision of this section or regulations, his license shall be suspended or cancelled irrespective of whether any criminal proceeding is taken against him or not.
(vii)Complaint against any licensed plumber to the competent authority, regarding violation of the provisions of this Act, shall be filed before the Executive Engineer, within thirty days, from the date of notice of the violation.
(viii)Executive Engineer shall dispose of the compliant referred to in sub-clause (vii) within thirty days from the date of receipt.
(ix)Any person aggrieved by the orders of the Executive Engineer, under the foregoing sub-clause may appeal to the Superintending Engineer, having jurisdiction over the area and he shall dispose of the appeal after affording a reasonable opportunity of being heard to the person concerned. His decision thereon shall be final.
(x)Whoever, being a licensed Plumber, contravenes sub clauses (iii) and (v) of sub-section (7) of section 3, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.
(8)Provision of Public Hydrants:-
(i)The competent authority shall, subject to payment by a local body or organization, union etc. of such charges as the authority may determine provide supply of wholesome water to the public of Urban and Semi-urban areas through the public hydrants within its local area.
(ii)The competent authority may, at the request of the local body, organization, union, association etc. and shall, if Government so directs, subject to payment of such contribution towards its cost in such manner as may be prescribed, provide and maintain within the local area public hydrants together with ail incidental works for supply of water at such places as may be considered necessary by the local bodies.
(iii)The local body, organization, union or association shall pay to the competent authority quarterly, such sum as may be fixed by the authority, towards the cost of water supplied by it through the public hydrants within its local area on the basis of expected consumption of water and in accordance with such rule as may be prescribed.
(iv)The water from any public hydrant shall not be used for any non-domestic purpose.
(v)No external instruments or pipes or hose or other devices shall be connected to any public hydrants for taping water.
(vi)No cleaning or washing of any animal, vehicle, cloth, utensil or any other materials shall be done under or near any public hydrant.
(9)Provision of Fire Hydrants:-
(i)The competent authority may, at the request and expense of the owner or occupier of any factory or any shop or commercial establishment provide and maintain fire hydrants, together with all incidental work for the supply of water in case of fire in such factory, shop or commercial establishment and in any such case levy charge from such owner or occupier the cost of water supply in connection therewith.
(ii)The competent authority shall provide and maintain fire hydrants together with all incidental works for the supply of water in case of fire at such other places as may be considered necessary by a joint committee of the officers of the department and the Fire Services Department of the Government and supply water in connection therewith.
(iii)The competent authority may also provide fire hydrants in villages provided fund is made available to the department.
(10)Provision of Water Meters
(i)The consumer, at his own cost, shall provide a water meter at a convenient point of service pipe between the premises and Government main after obtaining approval from the competent authority.
(ii)All meters, connections, pipes and other works incidental to the supply of water to any building or land shall be supplied, repaired, extended and altered as may be necessary at the expenses of the person requiring such supply but shall remain under the control of the Government.
(iii)Notwithstanding anything contained in sub-clause (i), the competent authority shall have the power to install its own water meters to any connections wherever need arise and shall recover the cost of water meter from the consumer.
(iv)Whenever water is supplied under this Act through a meter, it shall be presumed that the quantity indicated by the meter has been consumed, until the contrary is proved.