Section 234 in Kolkata Municipal Corporation Act, 1980
234. Corporation's duty to supply water.
(1)It shall be the duty of the Corporation to take steps from time to time(a)for ascertaining the sufficiency and wholesomeness of water supplied within Kolkata;(b)for providing a supply of wholesome water in pipes to every part of Kolkata in which there are houses, for domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that the Corporation shall not be required to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of Kolkata where such a supply is already available at such point or points aforesaid :[Provided that the Corporation may, at any time, levy an annual fee at such rate as may be fixed by regulations, or as stated in the budget estimate under sub-section (3) of section 131, in this behalf, on the owner or the occupier of, or on the person liable to pay [property tax] [Substituted by section 2 of the Calcutta Municipal Corporation (Amendment) Act, 1994 (West Bengal Act 32 of 1994), w.e.f. 11.5.1994.] on, any house to which such supply of wholesome water is made :[Provided further that the Corporation may levy annual fee on the basis of annual valuation of buildings or premises in a graded manner, at such rates, as may be determined by the Corporation by regulations, but such rate shall not exceed ten per cent of the annual valuation as may be so determined or separately calculated in respect of the premises or building or portion thereof] [Substituted by section 8 of the Kolkata Municipal Corporation (Amendment) Act, 2003 (West Bengal Act 39 of 2003), w.e.f. 16.2004.]][Explanation I.Supply of water shall include supply through service mains of the Corporation or through tube well allowed to be sunk within the premises or both or procured from any other municipal source. [Explanations I and II added by section 19(1)(b) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Bengal Act 26 of 1997), w.e.f. 22.12.1997.]Explanation II"House" includes a building, flat as defined in the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 (West Bengal Act No. 20 of 1993), or apartment as defined in the West Bengal Apartment Ownership Act, 1972 (West Bengal Act No. 16 of 1972);](c)for providing, as far as possible, a supply of wholesome water otherwise than in pipes to every part of Kolkata in which there are houses, for domestic purposes of the occupants thereof and to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that part.(1A)[ No fee for supply of water shall be levied on any premises, building or house having an annual value of less than three hundred rupees, provided it is not used for commercial purpose by the occupier or the person liable to pay [property tax] [Inserted by section 19(2) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Bengal Act 26 of 1997), w.e.f. 22.12.1997.] of taxes.(1B)In the case of a building constituting a single unit of assessment and severally owned in parts of flats, fee for supply of water to any such part or flat may be levied at such proportion as the annual value for such part or flat bears to the assigned annual value of the buildingProvided that where the amount of [property tax] [Substituted by section 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Bengal Act VIII of 2001), w.e.f. 23.3.2001, for the words "consolidated rates" .] is apportioned for such part or flat or separate annual value is assigned, treating such part or flat as a single unit under.this Act, the annual fee for supply of water to such part or flat shall be levied on the owner of such part or flat on the basis of the annual value so assigned.](2)If any question arises under clause (b) of sub-section (1) as to whether anything is or is not practicable at a reasonable cost or as to the point or points to which pipes must be taken in order to enable houses to be connected to them at a reasonable cost or, under clause (c) thereof, as to whether a public supply can be provided at a reasonable cost, the Mayor-in-Council shall decide the question and thereupon the Municipal Commissioner shall give effect to the decision.(3)Without prejudice to the provisions of sub-section (1), the Municipal Commissioner shall, for the purpose of securing, that, so far as is reasonably practicable, a sufficient supply of wholesome water for domestic purposes is available to every house and every public place, exercise his powers, under this Act, or requiring the owner of such house or public place to provide a supply of water thereto.
