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State of West Bengal - Section

Section 239 in The Calcutta Municipal Corporation Act, 1980

239. Power to supply water for non-domestic purposes. -

[23(1) The Municipal Commissioner may supply water for any purpose, other than domestic purpose, on receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed :] [Sub-section (1) substituted by W.B. Act 32 of 1994.]Provided that the payment of any fee for the supply of water under this sub-section shall be made at such rate as may be fixed by regulations or as stated in the budget estimate under sub-section (3) of section 131 :[Provided further that where there is no connection for supply water to the premises from the service mains of the Corporation, the fee for the supply of water for non-domestic purpose may be levied on the basis of consumption at such rate as may be determined by regulations :] [Proviso added by W.B. Act 26 of 1997.][Provided also] [Words substituted by W.B. Act 26 of 1997.] that till such time as the Corporation provides any water-meter and attaches the same to the supply pipe in any premises or building connected with the service mains of the Corporation, or where such water-meter goes out of order, or where there is a dispute about the proper operation of such water-meter, the fee for the supply of water under this sub-section may be levied on the basis of the size of the ferrule attached to the supply pipe in such premises or building.
(2)[ Subject to the provisions of sub-section (1), when an application under that sub-section is approved, the Municipal Commissioner may by order place or allow to be placed the necessary pipes and water fittings of such dimension and character as may be specified in the order.] [Sub-section (2) susbt. by W.B. Act 32 of 1994.]
(3)[ Notwithstanding anything contained in sub-section (1) or elsewhere in this Act, the Municipal Commissioner, on receipt of any information that the water supplied under that sub-section is being consumed for any purpose other than the purpose specified in the application thereunder, may, without prejudice to any other action which he may be entitled to take under this Act, levy fee for such consumption of water at such rate as stated in the budget estimate under sub-section (3) of section 131, with effect from such date as the Municipal Commissioner may determine :] [Sub-section (3) substituted W.B. Act 32 of 1994.]Provided that no such fee shall be levied under this sub-section without giving the person concerned an opportunity of being heard.