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State of West Bengal - Section

Section 241 in Kolkata Municipal Corporation Act, 1980

241. Supply of water to areas adjacent to Kolkata.

(1)The Mayor-in-Council may, at any time, on receiving an application from the Commissioners of a municipality or from the Cantonment Board of a cantonment or from any other authority in respect of any other area adjacent to Kolkata which may be included in Kolkata by the State Government by notification, direct that such quantity of wholesome water per diem as may be determined by it shall be delivered into such reservoirs or pipes of such municipality or cantonment or area, as the case may be, as may be specified in such application.
(2)The supply of water under sub-section (1) shall be at such rate not being less than the cost of production and delivery (including the costs for debt servicing, depreciation of plant and machinery, losses and other charges, if any) as the Mayor-in-Council may from time to time determine.
(3)If payment for water delivered to any municipality or cantonment or area is not made regularly and in time, the Mayor-in-Council may, after giving twelve months' notice of its intention so to do, cut off the supply with the approval of the State Government.
(4)An appeal shall lie to the State Government from any refusal by the Mayor-in-Council to give direction under sub-section (1) or from any direction given by the Mayor-in-Council under that sub-section.
(5)Before deciding any such appeal, the State Government shall consider any representation made by the Mayor-in-Council with reference to such appeal.
(6)No order made on any such appeal shall direct the delivery of water at a rate lower than the cost of production and delivery.
(7)Every order made by the State Government on any such appeal shall be final.
(8)Notwithstanding anything contained in sub-section (1), any municipality or cantonment or area which was getting delivery of wholesome water from the Corporation constituted under the Kolkata Municipal Act, 1951 (West Bengal Act No. 33 of 1951) immediately before the date of commencement of this Act, shall, subject to the provisions of sub-section (3), continue to get delivery of wholesome water from the Corporation constituted under this Act on the terms and conditions in force immediately before such date, and such terms and conditions may be modified at any time in accordance with the provisions of this section.