THE MIZORAM WATER SUPPLIES
(CONTROL) Act, 2004
To provide for and regulate water supply to the house, land, building or premises belonging to any persons, Government, Central or State or any organisation in the State of Mizoram and for other matters connected therewith.
Be it enacted in the Mizoram Legislative Assembly in the Fifty fifth year of the Republic of India as follows.
1. Short Title, extent and commencement :
(1) This Act may be called The Mizoram Water Supplies (Control) Act, 2004.
(2) It shall extend to the whole of the State of Mizoram.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions :
In this Act, unless the context otherwise requires -
(a) “Department” means the Public Health Engineering Department of the Government;
(b) “Government” means the State Government of Mizoram;
(c) “Ground Floor” means the floor at the level of the ground other than the basement floor of the building;
(d) “person” means a natural person and it shall include artificial or juristic person;
(e) “prescribed” means prescribed under the Rules;
(f) “Rules” means rules framed under the Act.
3. General conditions for the provision of permanent water connection and public water supply :
(1) Subject to the feasibility or suitability for the arrangement of water-connection by the Department by laying galvanised iron pipes to any house or building or premises water connection may be provided on demand to such house, building or premises on payment of the prescribed charges of installation of such galvanised iron pipes into such a house or building as well as on regular and timely payment of the monthly bills charged by the Department for actual consumption of water at such rates or rates as may be prescribed
(2) Normally water connection shall be installed on the ground floor only. Only one connection shall be provided ordinarily for one house-hold or one family, but more than one connection may be provided to one building where the building is multi-storeyed one and where more than one family are living in such building.
(3) Purposes of water-supply made by the Department shall be for human consumption such as for drinking, cooking, bathing, ablution, washing utensils etc. and as may be prescribed.
4. Provision for new water connection:
(1) Any person, organisation or Government department having owned land or building or any person who is occupying a land or building on payment of an annual rent or by entering an agreement for a lease with the owner of such land or building for a specific term not less than two years requiring water connection may apply for water connection in the prescribed form.
(2) Any fresh or new water connection may not be sanctioned to any land or building etc. after disconnection of previous water connection until and unless the previous dues, if any, is cleared even if the name of the previous owner or tenant or lessee of the building or land is changed or altered, or location etc. of the building or land is changed.
(3) The approved estimate for any water connection shall remain valid for twelve months from the date of its issue unless revised sooner.
(4) If the location or place of the proposed water connection is to be changed elsewhere after verification of the feasibility, the applicant shall submit fresh application and the Department shall verify the new location for sanction.
5. Casual water connection:
The Department may consider and provide casual water connection to any person who requires bulk supply of water for a short period of time not exceeding seven days owing to any occasion of wedding ceremony, death of a member of the family, or any other religious or ceremonial function in the premises, on payment of the required fees and charges as may be prescribed.
6. Temporary water connection:
(1) The Department may provide temporary water connection to any house, building or premises to meet the requirement of water by the residents of such house, building or premises for the purpose of holding community, social, religious or other types of gatherings for a period more than one week but not exceeding three months at a time.
(2) Application for such a temporary water connection and installation of such a connection in such a place or building shall be dealt as per the provisions of Section-4 of the Act.
(3) After conducting on the spot verification by the Department and if found technically feasible, the Executive Engineer or the Sub-Divisional Officer concerned of the Department, as the case may be as per the delegation of powers and functions or as per the standing order of the Chief Engineer, Public Health Engineering may sanction such temporary connection on such other conditions and at such rate or rates as may be prescribed.
7. Provision of bulk water supply to the public places:
(1) The Department shall try to provide for water connection to any suitable public places for the common welfare of the people in any area subject to availability of fund and feasibility of such connection.
(2) The charges for such connection shall be borne either by the Government or by the Organization concerned as may be prescribed.
(3) The beneficiaries shall have to pay a periodical charge for such bulk consumption of water as may be prescribed.
(4) The Department may erect, install or outlet public water supply points in the suitable places in the course of a natural stream or a water source of reserve including intermittent spring, canal, lake or ground water for public use or human consumption in the surrounding villages or town. No person, organization, or any other Government department shall be entitled to make any objection if Public Health Engineering Department decides to make such erection, installation or outlets from such a place or places as the case may be, save and except the private water bodies, if any.
8. Water Tariff:
The periodical or monthly water tariff in respect of the consumption of water and the charges for casual, bulk or material used for the supply of water to any house, building or premises and the lump sum charges for water supply together with the charges of the materials used for it shall be as may be prescribed.
9. Payment of periodical charges in connection with the consumption of water by way of casual, temporary connection and permanent connection
(1) Payment of the periodical or monthly charges in connection with the consumption of water by way of casual, temporary and permanent connection shall be made by such consumers at such places as may be prescribed.
(2) The mode of payment of all such charges for the consumption of water supplied through all types of connection shall be as prescribed.
(3) Any sum due for payment by a consumer on account of consumption of water supplied by the Department, which remains unpaid for a period of one year or more shall be recovered as a public demand under the Mizoram Public Demands Recovery Act, 2001 from such a consumer or his heir or next of kin as the case may be.
10. Water Meter:
(1) In order to measure actual amount of water supplied to any person by way of a permanent, temporary or casual connection as the case may be, the Department shall affix such water meter to the pipes of every individual connection and in such manner as may be prescribed.
11. Restriction on use of water:
(1) No water shall be used by any person for any purpose other than the purpose for which water connection has been applied for by any such person.
(2) No consumer shall sell or let out any water supplied by the Department to any person or household or establishment for any purpose or in the same manner as has been done by the Department to such consumer.
(3) Every person having water connection in his or her house, building or premises shall keep all pipes, taps, valves or any other fittings used by the department for the supply of water to such house, building or premises in proper order and safe from any damage or destruction by any agency.
(4) Every person having water connection to his or her house building or premises shall immediately report to the Department all such defects or damage as may occur in respect of any pipes, taps, valves or any other fittings for the supply of water as soon as it is detected or notice, and shall not make any attempt to repair the same on their own without express permission or consent of the Department or of its delegated authority as may be prescribed.
12. Repair of the pipes, taps and any other fittings for the supply of water :
(1) On receipt of a report of defect in or damage caused to any pipes, taps, valves or any other fittings, the Department shall take steps for immediate repair or replacement of the same as may be prescribed.
(2) The Department may authorise an affected parties to repair such damage or rectify such defect, except inrespect of the water meter, at his or her own expense to the saticfaction of the Department, but no such repair carried out by the individual consumer at his or her own expense shall be reimbursed to the Department nor the consumer shall have any right to claim for any such reimbursement.
13. Prohibition of misuse and causing damage to pipes, valves and hydrants :
(1) No person shall misuse or cause damage to any pipes, valves, hydrants, reservoirs, tank or tamper any water meter, supply- line or store.
(2) No person shall draw off, divert or pump out water from any reservoir, tank, main pipes, pipe ends or hydrants belonging to the Department or keep open the valves except at the time of supply of water by the department from the main water reservoir, zonal tank, supply tanks, distributing taps etc.
14. Disconnection of water supply system and temporary suspension of water supply for certain reason :
(1) The Department may disconnect the water -supply system or suspend temporarily the water supply for the following reasons where -
(a) a consumer does not pay a periodical, or lumpsum monthly water consumption bill as the case may be for a period of three months or more; or has failed to pay any water charges to the Department for more than three months despite issuance of such bill or bills to him or her;
(b) a building or house to which water connection has been made remains unoccupied for such period as may be prescribed;.
(c) a consumer has, on inquiry, been found to have resorted to tamper with or cause damage to his water -meter or to any pipe, tap, valve or any other fittings used for supplying water;
(d) any pipe, valve, installations or fittings connected with the supply of water is or are out of order to such an extent as to cause such wastage of water that immediate stoppage is found necessary;
(e) after receipt of written notice from the Executive Engineer or Sub-Divisional Officer concerned requiring him to refrain from so doing, a consumer still continues to use the water or permit the same to be used in contravention of this Act and the Rules;
(f) the owner or occupier of any land, building or premises to which water supply is made refuses to admit any officer or employee of the Department duly authorised in that behalf to enter that land, building or premises for the purposes of making inspection relating to the water supply or prevents or obstructs such officer or employee from making such inspection or restoring the water supply or such other works of the Department connected with the supply of water, as prescribed;
(g) the building or house or premises has been dismantled for reconstruction or has been destroyed by natural calamity;
(h) a consumer refuses to pay any water charges for the water supplied to other place(s) through his or her water connection, if the water connection is in his or her name;
(2) Suspension of water supply or disconnection of water supply connection to any house, building or premises for any of the reasons mentioned in Sub-Section(1) shall be effected only after giving the person or consumer concerned an opportunity of being heard.
(3) The expenses as may be prescribed for disconnection of any water-supply -connection of water into the same house, building or premises, if any, shall be paid by the consumer or the person concerned.
(4) The water -supply -connection disconnected due to non-payment of water consumption charges for three months or more may be reconnected only after payment of reconnection fees including expenses met by the Department towards such disconnection, if any, and of all outstanding dues to the concerned Division of the Department in the manner as may be prescribed.
(5) Reconnection of water-supply-line other than those mentioned in clause(a) of Sub-Section(1) or resumption of suspended water-supply shall be done only after the Executive Engineer concerned is satisfied with the conduct of the consumer and in the manner as may be prescribed.
(6) Executive Engineer of the concerned Division of the Department shall reconnect the disconnected water connection only after fullfillment of the condition as provided in Sub-Section(4) or Sub-Section(5), as the case may be.
15. Transfer of water connection :
(1) Transfer of water connection from one house to another shall be permitted on payment by the concerned person, of all the expenses of the transfer of pipes and other materials.
(2) Transfer of water connection may be taken up owing to the destruction of the house by natural calamities.
(3) Transfer of water connection shall be taken up only after a permission for such transfer is obtained from the Executive Engineer concerned of the Division or from such other officer as may be authorised by him on his behalf if it is found technically feasible.
16. Right of reservation of certain water storage for drinking and human comsumption:
(1) The Department may exercise the right of temporary reservation of certain water-storage with the catchment area, which is found suitable for the purpose of drinking and human consumption by the people in any habitation, particularly during the lean season or natural calamities.
(2) Without obtaining permission of the Department, no person, organisation, or any other department than the Public Health Engineering Department, shall use or utilise such reserved source of water for their individual use, so long the Department’s right or reservation is excercised.
(3) The Department shall give wide publicity of such reserved sources of water.
17. Offence and penalties :
(1) Whoever use water received by him through individual water connection from the Department for any other purpose than the purpose for which such water connection has been applied or sell or lets out such water to any other person shall be liable to punishment with fine which may extend to one thousand rupees or with imprisonment which may extend to one month or with both.
(2) Whoever destroyes, misuses or causes damage to any pipe, valve, hydrant, reservoirs or other accessories or fittings of the Department, which are used for the supply of water to any person shall be liable to punishment with fine which may extend to five thousand rupees or with imprisonment which may extend to one year or with both.
(3) Whoever destroyes, removes or causes damage wilfully to a water meter used for measurement of water supplied to any person shall be liable to punishment with fine which may extend to five thousand rupees or with imprisonment which may extend to one year or with both.
(4) Whoever draws off, diverts or pumps out water from the reservoir, main pipes, pipes or hydrants or keep open the valves without the permission of the Department shall be liable to punishment with fine which may extend to one thousand rupees or with imprisonment which may extend to one month or with both.
(5) Any other act committed in contravention of any previous of this Act not specified above shall be liable to punishment with fine which may extend to five thousand rupees or with imprisonment which may extend to one year or with both.
(6) Offence punishable under this Act shall be non-cognizable and bailable and shall be inquired, tried or otherwise disposed of in accordance with the procedure laid down in the Code of Criminal Procedure, 1973.
18. Power to make rules :
(1) The State Govenment may make rules for the purpose of carrying into effect the provision of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision such rules may provide for:
(a) the manner of collection and payment to the State Government of water tariff and charges.
(b) the matter relating to consumption and fixation of water tariff and charges including marginal adjustments.
(c) the manner and procedure of entertainment and disposal of disputes and Departmental appeals;
(d) manner of maintenance of records returns etc. and prescription of forms necessary thereof;
(e) procedure of installation and maintenance of water connection;
(f) Any other matter for which provision is, in the opinion of the State Government, necessary to be made forgiving effect to the provisions of this Act and removal of any difficulties in carrying out the same.
19. Power to exempt from payment of water tariff etc:
The State Government shall have power to exempt any person or organisation from payment of monthly or periodical water tariff and other charges.
20. Protection of action taken in good faith :
No suit, prosecution of other legal proceedings shall lie against any officer or staff of the Department for anything which is in good faith done or intended to be done under this Act.
21. Repeal and saving :
On and from the commencement of this Act, the Mizoram Water Tariff Act, 1991 (Act No.4 of 1991) shall stand repealed;
Provided that anything done or any action taken or purported to have been done or taken under the Act so repealed shall be deemed to have been so than or taken or purported to have been so done or taken under this Act.
THE MIZORAM WATER SUPPLIES (CONTROL) RULES , 2006
In exercise of the powers confered by section 18 of the Mizoram Water Supplies (Control) Act, 2004 (No.11 of 2004) the Governor of Mizoram is pleased to make the following rules namely:-
1. Short title, Extent and commencement :
1) These rules may be called THE MIZORAM WATER SUPPLIES (CONTROL) RULES, 2006.
2) It shall have the like extent as the Principal Act.
3) They shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions :
1) In these rules, unless the context otherwise requires,-
a) “Act” means The Mizoram Water Supplies (Control) Act, 2004(No.11 of 2004);
b) “consumer” means any person or owner or occupier of any premises provided with House Water connection, Public Water Point or Hand Pump Tube Well by Public Health Engineering Department;
c) “disconnection” means stoppage of supply of water due to certain reason which requires payment of re-connection fee and other expenses if any;
d) “casual water connection” means the water connection for a short period not more than 1(one) week or 7(seven) days;
e) “habitation” means any place(s) where people are living permanently.
f) “kilolitre” means one thousand litres;
g) “premises” means any land or building;
h) “reconnection” means reconnecting the disconnected water supply on payment of reconnection fee;
i) “suspension” means stoppage of supply of water for a certain period as notified in the suspension order. No need for payment of reconnection fee, but required payment of expenses if any,
j) “temporary water connection” means the water connection for a period more than 1(one) week but not exceeding 3(three) months;
k) “Supply Tank” means water tank(s) from where pipe(s) of house water connection(s) or Public Water Point(s) or Hydrant(s) are connected.
l) “T-Cluster” means point(s) on the water distribution pipe line(s) or end of water distribution pipe line(s) from where pipe(s) of house water connection(s) or Public Water Point(s) or hydrant(s) are connected.
m) “Catchment area” means the area of land draining into the source of water as notified by the Executive Engineer of the concerned Division as reserved catchment area.
m) “Water Source” means the source of water notified by the Executive Engineer of the concerned area as reserved water source.
(2) All other words and expressions used herein and not defined shall have the meanings respectively assigned to them in the Act.
3. Conditions for provisions of water connection :-
(i) New water connection shall be provided only from Supply Tank or T-Cluster and the point of connection should be decided by the Department and not by the applicant.
(ii) Normally 1(one) House Water Connection is meant for 1(one) house hold or 1(one) family. Sharing of 1(one) house water connection by 2( two) or more families or house hold is not allowed. Generally 20mm diameter of G.I. Pipe (Medium Quality) ISI Marked or Bureau of Indian Standard Quality should be used for house water connection. If bigger diameter is to be used prior approval of concerned Superintending Engineer is to be obtained.
(iii) The application form for any type of house water connections viz. temporary water connection, permanent water connection and casual water connection as the case may be,as set out in Annexures- ‘I(A)’,‘I(B)’ ‘II’ & ‘III’ be obtained from the concerned Executive Engineer or Sub-Divisional Officer in their office during office working hours. The application is to be submitted to the concerned Junior Engineer/Sectional Officer of the Department after duly filled up and should be accompanied by attested photo copy of Land Settlement Certificate(LSC) or any other relevant document or land pass issued by authority. On receipt of the application with all the necessary documents from the applicant, the concerned field staff shall conduct spot verification for feasibility. After the Department decide the point or location where the connection pipeline is to be connected, the Department shall accord the sanction. If the location or place is to be changed after the sanction is accorded, the applicant shall submit a fresh application with all the connected documents and the Department shall make verification and if found feasible a fresh sanction shall be accorded.
(iv) Superintending Engineer of the concerned Circle, where Superintending Engineer and Executive Engineer are in the same station shall sanction the permanent water connection. However, where the Superinteding Engineer and Executive Engineer are not in the same station, the Executive Engineer concerned may accord the sanction for the same. Executive Engineer of the Division shall sanction the Temporary and Casual water connection, where the Divisional Headquarters and Sub-Divisional Headquarters are in the same station. However, where the Divisional Headquaters and Sub-Divisional Headquarters are not in the same station, Sub-Divisional Officer of the concerned Sub-Division shall accord the sanction for the same.
(v) All types of fitting and fixing of G.I.Pipes while giving water connection either permanent or temporary or casual, shall be done by the Department only after all the required amount are deposited to the Department, the applicant shall be responsible for making settlement with the owner of the property through which the pipes have to be installed and payment of all the compensation wherever necessary for all possible damage caused to the public as well as private property due to the laying of pipes for giving water connection to the applicant. The applicant for the temporary and casual connection shall arrange all the necessary materials required for giving the said connection. If the applicant is unable to provide the necessary materials, the Department may provide the same after the cost of the said materials as fixed from time to time by the Department is deposited by the applicant.
4. Disconnection of water connection and suspension of water supply.
1) The concerned Executive Engineer and the Sub Divisional Officer are authorized to disconnect and suspend water supply without notice as and when the consumer violates any one of the provisions of Section14(1) (a) to (h) of the Act. The reconnection of the disconnected house water connection and resumption of the suspended water supply shall be done as per the provision of Section 14(4), (5) and (6) of the Act.
2) In addition to the reasons given for disconnection of the water connection and the suspension of water supply in the Section 14(1)(a) to (h) of the Act, the concerned Executive Engineer and concerned Sub-Divisional Officer may disconnect water connection or suspend water supply for the following reasons:-
(i) if any living being viz. swarm of bees and pets like dogs, monkeys and other animals and the family members in the premises or land to which water connection is provided, cause any inconvenience to the Departmental Staff on duty by way of intimidating or endangering to the extent that operating work of water supply is severely disturbed.
(ii) if a consumer misuses the water supplied by the Department other than the purpose as specified in the Act.
(iii) if a consumer or owner of house water connection sells or doles out water supplied by the Department.
(iv) if a consumer or anybody representing the consumer refuses or does not permit installation of water metre in the water connection.
(v) if a consumer violates any instruction issued by the Department regarding shifting, modifying or rectifying the existing water connection due to the reasons the Department feels absolutely necessary.
(vi) if a consumer or anybody representing the consumer makes any complaint which the Department finds unjust and false.
(vii) if a consumer or anybody representing the consumer refuses to pay the cost of the water meter for replacement in the event of loss or damage of the water meter fitted to the water connection.
(viii) if a consumer forcibly instructs or directs the Departmental staff to operate water supply system for his or her own benefit affecting smooth distribution of water.
(ix) if a consumer or anybody representing the consumer does not take any action when there is leakage in the water connection which requires immediate action.
(x) if a building or house to which water conection has been made remains unoccupied more than 1(one) month the House Water Connection may be disconnected and if the same building is unoccupied for more than 1(one) week temporary suspension of water supply should be done.
(xi) if any consumer or owner of house water connection operates or used to operate any pipe fittings without the instruction or permission of the Department personel(s) who is or are authorised to operate that particular water supply.
5. Transfer of Water Connection : Transfer of Water Connection may be applied to the Executive Engineer of the concerned division in a prescribed form set out in Annexure- ‘V’ as per the provisions of Section 15 of the Act.
6. Right of reservation of Water sources with the Catchment areas for human consumption: The Department may exercise the right to reserve any water source(s) including Ground Water with the catchment area(s) which is or are found suitable for human consumption for any habitation. No person, organisation, other department or other authority shall use or utilize water from the reserved source without prior permission of the Department. The Executive Engineer of the concerned Division is empowered to issue the notification of the reserved water source(s) and the Catchment area(s) within his or her own jurisdiction.
7. Rate of water and other charges :
(1) A non-refundable connection fee of Rs.500/- (Rupees five hundred) only shall be charged for each new pipe water connection.
(2) A minimum of Rs.10 (Rupees ten) per kilolitre per piped water connection shall be charged as tariff for supply of maximum 10,000 (ten thousand) litres per month per piped water connection subject to a minimum charge of Rs.100/- (Rupees one hundred)only.
(3) A minimum of Rs.15(Rupees fifteen) per kilolitre per piped water connection shall be charged as tariff for supply of water in excess of 10,000 (ten thousand) litres per month but not exceeding 30,000 (thirty thousand) litres per month per piped water connection.
(4) A minimum of Rs.20(Rupees twenty) per kilolitre per piped water connection shall be charged as tariff for supply of water in excess of 30,000 (thirty thousand) litres per month per piped water connection.
(5) Rs. 40 (Rupees forty) only per kilolitre shall be charged if water is purchased from the Department depending upon the availability of water.
(6) Rs.10 (Rupees ten) only per month shall be charged to each family or household of consumer from Public point or Hand Pump Tube Wells within Mizoram where operation and maintenance of water supply is taken up by the Department.
(7) Rs.500 (Rupees five hundred) shall be charged as re-connection fee of disconnected water connection.
(8) Rs.100 (Rupees one hundred) shall be charged as connection fee for one Temporary water connection or Casual water connection.
(9) Rate of charges for supply of water to Temporary water connection or Casual water connection shall be as provided in sub-rules (2), (3) and (4) of rule 7.
(10) In the case of any alteration, modification or rectification of existing water connection, all the expenses should be borne by the applicant or consumer.
(11) The Department shall provide water meter to water connection as far as possible irrespective of whether the consumers ask for it or not. The Executive Engineer in charge of the Division is authorised for identification and for fitting water meter to any water connection. The reading of meter indicating the quantity of water supplied to the water connection shall be presumed correct unless the contrary is found, and in the case of dispute the decision of the Department shall be final.
(12) If any transfer application is submitted by the owner of water connection or consumer, the transfer of water connection shall be carried out by the Department provided that the sanction is accorded by the competent officer and the consumer deposits the transfer fee of Rs 200 (Rupees two hundred)only per one house water connection and any other charge required for transfer to the Department.
(13) Rent for Water Meter shall be charged at the rate of Rs.10(Rupees ten) per Water Meter per month for all sizes.
(14) All bills, fees and charges, pertaining to any water connection, once paid to the Department are non-refundable if work are already executed for the purpose.
(15) Transfer of ownership of water connection or changing name or alteration of name of the house water connection holder may be done subject to production of Land Settlement Certificate or any other relevant document issued by the Revenue authority in which the tranferee’s name is entered and on production of document showing that all the dues are cleared. Application in prescribed form as per Annexure -VI shall be submitted to concerned Executive Engineer for sanction.
(16) If owner of Temporary water connection or Casual water connection apply for permanent water connection, the applicant shall submit fresh application as per the provisions of Section 4 of the Act and Rules 3, and the previous deposit for Temporary water connection or casual water connection may be deducted on production of relevant document. The Temporary water connection and casual water connection can be converted to permanent water connection within the respective validity period i.e. 3(three) months and 7(seven) days respectively.
(17) All the required amount i.e. estimate for water connection shall be paid by applicant to the concerned Division of the Department within the validity of the sanction as per Section 4 of the Act. If payment is not made within the specified period, revalidation may be done if applied by the applicant and the revalidation sanction shall supersede the previous sanction. Payment shall be made through Treasury Challan as specified by the Department.
(18) The owner of water connection or consumer shall pay all water bill by cash only to the specified place/counter as authorized by the concerned Executive Engineer of the Department.
(19) Such water bills and other charges shall be paid as per bill or card served to the consumers by the Department.
(20) A periodical water bill or charges or monthly water bill or charges shall be paid to the Department within 3(three) months or 90(ninety) days after handing over the bills or charges to the consumer or entering the bill amount or charge in the card. After expiry of the stipulated period the consumer or owner of water connection shall have to pay the bill along with the simple interest at the rate of 1% per month of the bill amount.
(21) Part payment of water bill or charges for less than one month is not permitted.
(22) Any charges for repairing, shifting, alteration, rectification or modification of water connection is to be borne by the consumer or owner of house water connection. The Department shall do the required work only after the consumer or the owner of the house water connection deposits the required amount to the Department. In the event of any private or public property to be damaged, the owner of water connection or applicant shall settle the matter before the Department starts the work and all the expenses required for re-installation and repair of damages shall be borne by the applicant or the owner of water connection or consumer.
(23) The Department may supply water to the owner of the house water connection or consumer at least once a week. If the water supplied in a month is less than 2000 litres ( two thousand litres) due to breakdown of the system of water supply scheme or willful negligence of Department personnel, the Department may consider a rebate of 50% of minimum water bill subject to verification of the Department on the genuiness of the quantity of water supplied . In order to get the rebate, the consumer or owner of house water connection shall make claim to the Department within 15(fifteen) days from the date of issue of the bill by the Department and any claim made thereafter shall not be entertained. If the Department inadvertently raise the water bill or charge for any month during which water is not supplied to the consumer or owner of the house water connection, the Executive Engineer of the concerned Division of the Department may waive the amount wrongly charged.
(24) If water meter is out of order, or the water meter is lost, the Department may take average quantity of water supplied or bills or charges during the last 3(three) months or any other appropriate mode to assess the quantity of water consumed and fix the reasonable amount to be paid by the consumer. The amount so fixed by the Department shall be final.
(25) The Department shall recover the cost of new water meter from the consumer or owner of the water connection for replacing the loss or damage of water meter which is fitted to the water connection if loss or damage is not caused by natural calamity.
(26) Pre-payment of any water bill for any house water connection is not allowed.
8. Procedure for initiating criminal proceeding for offences committed by any person
1) Criminal proceedings may be set on motion by filing in complaint by any officer of the Department not below the rank of Sub-Divisional Officer to the competent Judicial Magistrate.
2) The offences under Section 17 of the Act is triable by the Judicial Magistrate of the first class.
3) The Officers of the Department are public servant within the meaning of section 21 of the Indian Penal Code.
9. The manner and procedure of entertainment and disposal of disputes and Departmental appeals
1) If any disputes arises due to the action of the officers of the Department, the consumer may file a complaint in writing to the Executive Engineer of the concerned Division. On receipt of the complaint, the Executive Engineer or his representative on his behalf, shall conduct inquiry and hear the complainant and others involved in the dispute and pass necessary orders. No complaint, regarding excess meter reading and billing will be entertained by the Executive Engineer unless the complainant first pays the bills and attaches the receipt with the complaint. No complaint shall be entertained after expiry of 30 days.
2) The consumer may file an appeal against the decision/ order made under sub-rule 1 of Rule 9 to the higher authorities of Public Health Engineering Department within 15 days from the date of communication to him/her of such decision or order.
i) Every memorandum of appeal shall be accompanied by a copy of the decision or order appealed against.
ii) Every appeal under this rule shall be filed in such form and in such manner as may be specified by way of notification by the Chief Engineer, Public Health Engineering Department, Government of Mizoram.
3) An appeal under sub-rule (2) shall be proceeded as follows:
i) The Appellate Authority shall give an opportunity to the appelant to be heard in person, if he so desires.
ii) The Appellate Authority may, at the hearing of an appeal allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the Appellate Authority is satisfied that omission of that ground from the grounds of appeal was not willful or unreasonable.
iii) The Appellate Authority may, after making such further inquiry as may be necessary, pass such orders as it thinks fit, confirming, modifying or annulling the decision or order appealed against.
iv) The order of the Appellate Authority disposing of the appeal under this rule shall be in writing and shall state the points for determination reasons for the decision, and the decision there in.
10. Manner of maintenance of records, returns and prescription of forms necessary thereof :
ANNEXURE - I (A) : Form of application of Permanent Water connection. (Private)
ANNEXURE - I (B) : Form of application of Permanent Water connection. (Government / Organisation )
ANNEXURE - II : Form of application of Temporary Water connection.
ANNEXURE - III : Form of application of Casual Water connection.
ANNEXURE - IV : Form of application for re-connection of disconnected water connection.
ANNEXURE - V : Form of application for transfer of house water connection.
ANNEXURE - VI : Form of application for changing of consumer’s name.