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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Arunachal Pradesh - Subsection

Section 5(2) in Arunachal Pradesh Water Supply Act, 2015

(2)Assessment of water charges in case of unauthorized use-
(i)If on inspection of any place or premises or water meters or any other devices, or any record maintained by any person, the authorized officer of the department finds that any consumer is indulging in unauthorized use of water, he shall, notwithstanding any criminal proceedings that may be taken against the consumer under any other law for the time being in force, provisionally assess, to the best of his judgment, the water charges payable on account of such unauthorized use of water.
(ii)The order or provisional assessment shall be served to the consumer in such manner, as may be provided by regulations.
(iii)The consumer to whom a notice has been served under sub-clause (ii) shall be entitled to file objection, if any, against the provisional assessment before the authorized officer of the department who may, after affording a reasonable opportunity of hearing to such consumer, pass a final order of assessment of the water charges payable by such consumer.
(iv)Any consumer served with the order of provisional assessment may accept such assessment and deposit the assessed amount with the officer designated for the purpose within seven days of service of such provisional assessment order upon him.
(v)if the assessing officer finds that unauthorized use of water has taken place, it shall be presumed that the unauthorized use has been continuing since the date of starting of the construction, in case the unauthorized use is for construction purpose or from the date which the assessing officer finds that the unauthorized use has been continuing in case the unauthorized use is for other purposes.
(vi)The assessment shall be based on the plinth area of the building, in case of unauthorized use for construction purpose or based on the number of inhabitants, in case of domestic purpose or based on the probable quantity, in case of other purposes.
(vii)The water charges under this section shall be assessed in accordance with provisions in this Act and Rules made thereunder,