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[Cites 0, Cited by 0] [Section 239] [Entire Act]

State of West Bengal - Subsection

Section 239(1) in West Bengal Municipal Act, 1993

(1)Notwithstanding anything contained in this Chapter, the Chairman-in-Council may cut off the connection of water-supply to any premises, or may turn off such supply, in any of the following cases, namely :
(a)if the premises are unoccupied or prohibited for human habitation; or
(aa)[ if, in respect of the premises, any taxes or rates or fees or charges are in arrear for payment for more than one year; or] [Inserted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995.]
(b)If, after receipt of a written notice from the Chairman requiring him to refrain from so doing, the owner or the occupier of the premises continues to use the water or permit the same to be used in contravention of the provisions of this Act or the rules or the regulations made thereunder; or
(c)if any pipe, tap, works or fittings connected with the supply of water to the premises be found, on examination by any officer of the Municipality duly authorized in this behalf, to be out of repairs to such an extent as may cause so serious a waste or contamination of water that, in the opinion of the Chairman, immediate prevention is necessary; or
(d)if there is any water-pipe situated within the premises to which no tap or other efficient means of turning the water off is attached; or
(e)if, by reason of a teak in the service-pipe or the fittings, damage is caused to the public street and immediate prevention is necessary;
(f)[ if water connection is obtained on payment of provisional property tax and the building is not completed in such manner which, in the opinion of the Board of Councilors, is fit for human habitation, within the validation period of the approved building plan under sub-section (2) of section 207;] [Inserted by section 13 of the West Bengal Municipal (Amendment) Act, 2009 (West Bengal Act III of 2009) w.e.f. 1.6.2009.]
Provided that no action under clause (1) [or clause (aa)] [Inserted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995.] or clause (b) shall be taken without giving a notice of not less than three days to the owner or the occupier, as the case may be.