Notification
No. H.12018/3/91-LJE/67, the 16th December, 2014. The following Act of the Mizoram Legislative Assembly which received the assent of the Governor of Mizoram is hereby published for general information.
The Mizoram Water Supplies ( Control ) Act, 2004 (Act No. 11 of 2004)
Received the assent of the governor of Mizoram on the 2nd December 2004
PART - I
THE MIZORAM WATER SUPPLIES (CONTROL) ACT,2004 AN
Act to provide for and regulate water supply to the house, land, building or premises belonging to any persons, Government, Central or State or any organization 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 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;
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 galvanized 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 galvanized 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 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-old or one family, but more than one connection may be provided to one building where the building is multi- stored one and where more than one family are living in such building.
(3) Purpose 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, organization 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 as land or building for 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 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 and is changed.
(3) The approved estimate for any water connection shall remain valid for twelve months from the date of its issue unless revise 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 sanctions.
5.Casual water connection
The Department may consider and provide casual water connection to any person who requires bulk of water for a short period of time not exceeding seven days owing to any occasion of wedding ceremony, death of 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 gathering 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 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 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 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 any purpose other than the purpose for whch as water supplied has been applied for by any such person.
10. Water Meter
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 pipe or 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 nay such person.
(2) No consumer shall sell or let out any water supplied by tthe 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 connection in his or her house, building or premises shall keep all pipes, taps, valves or any other fitting 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 fitting for the supply of water as soon as it 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 pipe, tap, valve or any other fittings, the Department shall take steps for immediate repair or replacements of the same as may be prescribed.
(2) The Department may authorize an affected parties to repair such damage or rectify such defect, except in respect of the water-meter, at his or her own expense to the satisfaction of the Department, but no such repair carried out by the individual consumer at his or her own expense shall be reimbursed by 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 tap etc
14. Disconnection of water supply system and temporary suspension of water supply for certain reasons
(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 lamp sum 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) building or house to which water connection has been made remains unoccupied for such period as may be prescribed.
(c) 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 authorized in that behalf to enter that land, building or premises for the purpose 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 naturally 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 or water connection of the supply 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 disconnection 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 the 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 fulfillment 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 authorized by him on his behalf if is found technically feasible.
16.Right of reservation of certain water storage for drinking and human consumption:
(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 organization o any other department than the Public Health Engineering Department, shall use or utilize such reserved source of water for their individual use, so long the Department's right or reservation is exercised.
(3) The Department shall give wide publicity of such reserved source of water.
17.Offence and penalties:
(1) Whoever uses 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 destroys , misuse or cause 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 extended to one year or with both.
(3) Whoever destroys , removes or cause damage willfully 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 pipe, 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 year or with both.
(5) Any other act committed in contravention of any provisions 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) Offences 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 Government 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 for giving effect to the provisions of this Act and removal 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 organization 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 so done or taken under this Act.
Notification
No. B.16012/12001-PHE, the 8th May, In pursuance of the decision of the Meeting of the Council of Minister held on 24.04.2006 issued under items No. 13 memo No. J.11012/2/2006-POL Dt. 26.04.2006, the Government of Mizoram Water Supplies (Control) Rules, 2006.
These Rules shall come into force with immediate effect.
Sd/- C.ROPIANGA
Secretary to the Govt. of Mizoram,
Public Health Engineering Department
PART - II
THE MIZORAM WATER SUPPLIES (CONTROL) RULES, 2006
In exercise of the powers conferred by section 18 of the Mizoram Water Supplies (Control) Act, 2004 ( No.11 of 2004) the Government 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 this Rules, unless the context otherwise requires
a) 'Act' means The Mizoram Water Supplies (control) Act, 2004(No.11 of 2004).
b) '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.
c) 'consumer' means any person or owner or occupier of any premises provided with water through either piped water connection, Public Water Point or Hand Pump Tube Well of the department.
d) 'Commercial Consumer' means any consumer who, directly or indirectly earn profit out of the water supplied by the Department. Identification of such commercial consumer shall be at the discretion of the Department
e) 'Disconnection' , means stoppage of water supply due to certain reasons, if reconnected, require payment of -re-connection fee and other expenses, if any
f) 'Domestic Consumer' means any consumer whose water connections are for household utility.
g) 'Government Consumer' Means any water connections for building or establishment (s) belonging to State Government, State Government undertakings, Government of India and Government of India Undertakings
h) 'Habitation' Means any places(s) where people are living permanently.
i) 'Premises' means any land or building.
j) 'Reconnection' Means reconnecting the disconnected water connection on payment of reconnection fee and any other charges as may be required.
k) "Suspension" means temporary stoppage of water supply for a certain period as notified in the suspension order where payment of reconnection fee is not imposed, but may requires payment of other expenses, if any.
l) "Supply Tank" Means water tank(s) from where pipes(s) of water connection(s) or Public Water Points(s) or Hydrants(s) are connected.
m) " T-cluster' means points(s) on the water distribution pipe lines(s) or end of water distribution pipe lines(s) from where pipes(s) of house water connections(s) or Public Water Points(s) or hydrants(s) are connected.
n) "Water Source" means the source of water notified by the Executive engineer of the concerned area as reserved water source.
o) "Water supply scheme" means all types of water supply scheme(s) such as piped water Supply, all types of Spring Water Harvesting Schemes, Tube Well(s0, Dug Well(s), Rain Water Harvesting Scheme(s), etc., installed for supply of drinking water to public.
p) "Water supply scheme" means all types of Infrastructure(s) or asset(s) created for supply of drinking water to public.
(2) All other words and expressions used herein and not defined shall have the meanings respectively assigned to them in the Act.
3.Condition for Provisions of water connection
I) All water connection shall be provided only from supply tank or T-Cluster. The point and number of connections from the Supply tank or T-Cluster should be decided as per Hydraulic conditions by the concerned Executive Engineer.
II) 1 (one) water connection is meant for 1 (one) household or 1 9one) family. Sharing of 1 (one) water Connection by 2 9two) or more families or households is not allowed. Generally, GI pipe of size not larger than 20 mm diameter shall be used for water connection and the quality inferior to Medium Class conforming to IS 1239 Part-I shall not be used. For use of GI pipe size larger than 20 mm diameter or any other pipe materials, specific approval of the concerned Superintending Engineer shall be obtained Provided that all the Technical feasibilities are established.
III) The prescribed application from for any type of water connections my be obtained from the office of the concerned Executive Engineer or Sub-Divisional Officer during office working hours on production of land Settlement Certificate (LSC) or Land Lease Certificate (LLC) or land pass or any other land ownership document in original duly issued by the competent authority where water connection is required. The Duly filled in application form must be submitted to the concerned Sectional Officer enclosing attested photo copy of the documents produced at the time of collection of the application form. Thereafter, the
Amended vide Govt. of Mizoram Notification No G. 25022/1/2000-PHE, the 22nd September,. 2011
Amended vide Govt. of Mizoram Notification No G. 25022/1/2000-PHE, the 24th June. 2016
Sectional Officer shall conduct spot verification for technical feasibility. After the Department determines the feasibility and decides the T-Cluster or Supply tank from where the water connection is to be given, shall accord the sanction and intimate the same to the applicant along with the estimated installation costs and Connection Fees that the applicant has to deposit to the Department. if the applicant wants to change the T-Cluster / Supply tank after the sanction is accorded, the applicant shall submit a fresh application with all the connected documents and the Department shall make fresh verification and if found feasible a fresh sanction shall be accorded.
IV) Where the Superintending Engineer and Executive Engineer are in the same station the former shall sanction the water connection. however, where the Superintending Engineer and Executive Engineer are not in the same station, the latter shall accord the sanction. Where the Superintending Engineer and Sub-Divisional officer are in the same station the Executive Engineer sanction direct sale of water. However, where the Executive Engineer and Sub-Divisional officer are not in the same station, Sub-Divisional Officer shall sanction direct sale of water.
(V) For the purpose of quality control and maintaining uniformity, it shall be the sole purview of the Department to procure pipes and fittings and to lay the pipes for water connection. if the consumer desires so, he may procure the pipes and fittings from outside provided that the quality conforms to the specification as laid out in Rule 3 (II). The Department shall have the right to reject the pipes or fittings procured by the consumer if it does not conform to the specification.
Normally, laying and fitting of water connection pipes shall be done only after all the installation costs and connection fees are deposited to the Department. The applicant shall be responsible for arranging right of way, clearances and No Objection Certificates through which the pipes have to be laid. Compensations, if any, for damages caused to the public or private property due to laying of water connection pipes shall also be the responsibility of the applicant. In case of direct purchase of water from the Department, the applicant is excepted to arrange all necessary required pipes and fittings. If the applicant desires so, the Department may provide the same provided that the cost of materials is deposited by the applicant as per the rates approved by the Department from time to time
3.Disconnection of water connection and suspension of water supply
1) The concerned Executive Engineer or Sub Divisional Officer may Disconnect or Suspend water supply as per provisions of section 13 and 14(1) of Act which shall be Communicated by issue of written order. Whether to disconnect or to suspend the water supply shall be at the direction of the concerned Executive Engineer. Reconnection of water connection and resumption of suspended water supply shall be as per the provision of Section 14(4), (5) and (6) of the Act.
2) In addition to the reason for disconnection or Suspension of the water supply as provided in Section 13 and 14(1) 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 a consumer or anything under his influence causes any inconvenience to the Departmental Staff on duty by way of intimidating or endangering life to the extent that operation of water supply to the premises 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 connections sells or doles out water supplied by the Department.
(IV) If a consumer anybody representing the consumer refuses or does not permit installation of water meter 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 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 makes any action When there is leakage in the water connection which requires immediate action.
(X) If the consumer requests the Department to disconnect or suspend the water supply at his own interest.
(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 Personal(s) who is or are authorized to operate that particular water supply.
4) No fresh or new water connection shall be sanctioned to any land or buildings after disconnection of the previous water connection until and unless the previous dues, if any, is cleared even if the name of owner or tenant or lessee of the building is changed or altered or location of the building is changed.
4.Transfer of Water Connection
Transfer of Water Connection may be considered by the Executive Engineer concerned as per provision laid out in Section 15 of the Act on receipt of application in the prescribed form as per Annexure - “V’. The applicant shall bear all the expenses as may be required for transfer of the water . connection. However, the applicant shall not be required to pay the connection fee a fresh.
Right of reservation of Water Sources with the catchment areas for human consumption
The Department reserves t he right to preserve, protect and conserve any water source(s) -including Ground Water and its Catchment Area(s) tor water supply to any habitation. No person(s) shall engage in any activities Which may cause depletion, contamination and pollution of water in the catchments areas of the reserve source(s). No person Shall use or utilize water from the reserves source(s) without prior Permission of the Department. Any violation of this right shall be able for punishment as per Section 16(5) of the Mizoram Water Supplies (Control) Act 2004. The Executive Engineer of the concerned Division is empowered to issue the notification of the reservation of water source(s) and the catchment area(s) within his jurisdiction.
7. Rate of water and other charges
(1) A non-refundable connection fee of Rs.1000/- (Rupees one thousand) only shall be charged for each new pipe water connection.
(2),(3),(4),(5),(6),(7),(8) -> Note: Rates of Water Charges in Sub-Rule (2)to(6) of Rule 7 shall be as notified from time to time in exercise of the power conferred by Section- 18 of the Mizoram Water Supplies (Control) Act, 2004(Act No.11 of 2004)
(7) The rates of water and other charges mentioned under Rule 7 may be revised by the Department by issue of notification not more than once in a year.
(8) Deleted
(9) Deleted
(10)The cost of repairs, alteration, modification or shifting of existing water connection, if required, shall be borne by the applicant or consumer. The Department shall normally start the work only after the consumer or the owner of water connection deposits the required amount to the Department. In the event of any private or public property to be damaged in the process, 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.
(11) Deleted.
(12) Deleted.
(13) Rs 10 (Rupees Ten) per month per water meter shall be charged as rent for water meter of all sizes if the water meter is provided by the Department. Otherwise no rent shall be charged.
(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) Change of ownership of water connection may be considered by the Executive Engineer concerned on receipt of application in the prescribed form as per Annexure-VI. The application must be accompanied by production of Land Settlement Certificate or any other relevant document issued by the appropriate authority showing sufficient proof of transfer of ownership of property to the applicant at the satisfaction of the Department and on production of document showing that all the dues are cleared.
(16) Deleted
(17) All the required amount, as estimated for installation Of water connection shall be paid by the applicant to the concerned Executive Engineer within the validity of the Sanction as |per Section 4 of the Act. If payment is not made Within the specified period, the Executive Engineer may consider revalidation, only subject to receipt of written application and the revalidation sanction shall supersede the Previous sanction. The applicant shall also bear any additional costs, if any, over the original estimates arising out of the cog escalations. Payment shall be made through Treasury Challan as specified by the Department.
(18) The consumer or owner of water connection shall pay monthly water bills by cash only to the payment counter specified by the Department. If a consumer requires making payment by cheque or demand draft or treasury challan, it will be the responsibility of the consumer to clear the cheque or demand draft or treasury challan with the bank.
(19) Such monthly water bills and other charges shall be paid as per bill or card served to the consumers by the Department and shall be paid every month within the stipulated period mentioned in the bill. If bills are not paid within the stipulated period, the same shall be carried over to the monthly bill of the succeeding month and 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
(20) A periodic or monthly water consumption charge shall paid by every consumer or owner of water connection to the Department every month within the stipulated period mentioned in the bill demanding for payment of such charges. 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) Deleted.
(23) The Department may supply water to the consumer at least once a week. If the water supplied in a month is less than 2,500 (Two thousand Five hundred) liters due to breakdown of the Water Supply System(s) or willful negligence of the Department personnel, the Department may consider a rebate of 50% of minimum water bill subject to verification by the Department on the genuineness of the quantity of water supplied. In order to get the rebate, the consumer or owner of water connection(s) shall make claim to the concerned Executive Engineer or Sub-Divisional Officer within the last date of payment as indicated in the Bill. Any claim made thereafter shall not be entertained.
If the consumer has been served a monthly water bill for water not being supplied, the concerned Executive Engineer may waive the whole bill.
(24) If the water meter is lost, damaged or out of order, the consumer or owner of water connection shall replace such water meter by a functional water meter duly certified by the Department within a grace period of 2 (two) months otherwise the water connection is liable to be disconnected. A flat rate of Rs 300/- (Rupee Three-hundred) for Domestic and Government consumer and Rs 800(Rupees Eight hundred) for Commercial consumer per month per water connection or average of monthly Water bill of the last three months whichever is higher, shall be Charged until and unless the water meter is replaced by the consumer or Owner of the water connection, as the case may be. In case the average of monthly water bill of last three months, in the opinion of the Department, does not commensurate with the quantity of Water supplied, any other mode of assessment, which the Department considered most appropriate, shall be applied.
(25) Deleted
(26) Pre-payment of any water bill for any house water connection is not allowed.
(27) A minimum of Rs. 600/- (Rupees Six hundred) only shall be charged to all commercial consumer up to a maximum supply of 10,000 (ten thousand) liters of water per month per water - connection and in excess of supply of 10,000 (ten thousand) liters of water a minimum of Rs. 105/- (Rupees One hundred and Five) only per kilolitre of water shall be charged.
(28) If community water supply by Truck is resorted, a minimum charge of Rs. 3/- (Rupees three) only per 15 liters one tin) will be charged as service charge to the consumer.
(29) If any person(s) cause damage, cause difference or loss requiring rectification, modification, replacement or shifting the whole or part of the existing Water Supply System(s), the person(s)‘ should bear all the required expenditure for reinstallation as directed by the Executive Engineer of the concerned Division. such Person(s) should relief such consumers) who Is (are) affected during the period of disruption until and unless regular water supply is resumed as usual.
(30) All drinking water supplies through truck carriage operated by private party must be disinfected by adding requisite quantity of disinfectant like Bleaching Powder solution, Sodium Hypo chloride solution or any other convenient disinfectant thereby resulting in residual disinfectant at the level of 0.2 PPM (0.2 mg/liter) after contact period of 30 minutes or as per IS 10500 or and as per world Health Organization’s norms. Disinfection Certificates should be issued by the Department to all water carrying truck(s) at the time of disinfection and the certificate will be valid only for.24 hours and the certificate, will beamy for (hat disinfected water. The residual disinfection, level of water carried by truck(s) will be checked. Owner(s) of the carrying truck shall pay Rs. 20.00 (Rupees twenty) for disinfecting 4000 liters (4KL) or Water.
31) At any time if the outstanding liabilities of the consumer, on account of the monthly water bills accumulates for more than 3(three) months, the Department shall have the right to club the bill with other water bills against any other premises owned by the consumer to enable realization of dues.
8) Procedure for initiating criminal proceeding for offences committed by any person
1) Criminal proceedings can be filed by an 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 or misunderstandings arise due to the action of the Departmental staff on duty, the consumer may file a complaint in writing to the concerned Executive Engineer 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.
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 appellant 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. Trespass on water supply premises
No person shall trespass within the premises of the Department that are directly connected with Water Works except with due permission of the Department.
11. Prohibition of constructions over water mains
1) No structures, temporary OF permanent, shall be erected over any water mains Or pipelines without prior permission of the Department.
2) If any permanent or temporary structures be so constructed the Department may cause the same to be removed 0, otherwise dealt with as it deems fit and the expenses thereby incurred shall be paid by the persons contravening the provisions of Rule 11(1) above.
12 Power to lay mains and right of Control
1)The Department may lay Pipelines in such area,
(I)street or land belonging to the Government and any local authority or corporation owned or controlled by the Government
(II)over, on or under any private land with prior consent of the owner.
2)The Department reserves the right of access to the pipelines including the point of connections such as bunching or T-Cluster and pipe appurtenances installed by the Department on any land, which shall be inspected, altered, removed, : repaired and kept in proper order at any time.
13. Pipe not to be laid through insanitary places
No water connection or other water supply pipelines shall be laid so as to pass into or through any sewer, drain, latrine, manhole, or ash pit or manure pit. Such pipe shall not be allowed to remain in contact with any foul smelling or injurious materials. In unavoidable cases, adequate protection to the pipe shall invariably be provided by carrying it through an exterior cast iron tube or in any other suitable manner approved by the Department
14. Plantation over Water Supply Pipelines or structures
No person shall make plantation upon or nearby any water supply structure or pipelines which is liable to cause damage or difficulty to the routine operation and maintenance of water supply works.
15. Water Meters
1) The water meter shall, as far as possible, be installed inside the premises of the consumer, who shall be responsible for the safe custody against loss, damage or tampering with the meter. He shall be liable to pay the cost of making good such damages or new water meter as the case may be.
2) The meters shall generally be read between sunrise and sunset, and the readings Shall be reflected in the monthly water bill which shall be final and binding. The consumer may, if he so desires, verify the meter readings.
3) Complaints in meter reading, if any, shall be lodged by the consumer within the last date of payment of bill as indicated in the monthly water bill. Any complaints received after this period shall not be entertained. The complaint shall be examined by the concerned Executive Engineer and make the decision which shall be final and binding. The final bill on the outcome of the complaint shall be carried over to the monthly water bill of the succeeding month and, waive of interest on late payment, if any, due to such complaints shall be at the discretion of the Executive Engineer.
4) The Executive Engineer in charge of the Division is authorized 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.
16. 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 / Organization)
ANNEXURE - II : Deleted
ANNEXURE - III : Deleted
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.
Amended vide Govt. of Mizoram Notification No G. 25022/1/2000-PHE, the 24th June. 2016
2.Amendment of rule 2 :
In the Principal Rules, after sub rule (m) of rule 2 the following shall be added namely
“(o) ‘Water Supplies Scheme’ means all type of Water Supply Scheme (s) and Project (s) such as Pipe Water Supplies, Spring Water Harvesting Scheme (s),Improvement of Village Spring Sources (Tuikhur), Tube Well (s), Dug Well (s). Rain Water Harvesting Scheme(s) and any other scheme(s) or Project(s) pertaining to supply of drinking water to public.
(p) Water Supply Scheme’ means all type of infrastructure (s) or asset (s) created for supply of drinking water to public.
(q) Commercial Consumer’ means any consumer like Non-Government and private undertaking sectors and any profit earning establishments be treated as Commercial Consumers. Identification of such Commercial Consumer shall be carried out by the Department.
3. Amendment of rule 3 :
In the Principal Rules, for sub-rule (1) & (ii) of rule 3, the following shall be substituted namely.
(i) All water connection shall be provided only from supply Tank or T-Cluster. The point and number of connections from the supply Tank or T-Cluster should be decided as per hydraulic conditions by the concerned Executive Engineer.
(ii) Normally 1 (one) house water connection is meant for| (one) house hold or 1 (one) family. Sharing of 1 (one) house water a connection by 2 (two) or more families or house-holds is not allowed. 20 mm diameter of G.I. Pipe (Medium Quality) conforming to IS 1239 part I or Bureau of Indian Standard Quality should be used for house water connection (s). For a size larger than 20mm diameter or GI Pipe of (Medium Quality). conforming to IS 1239 part 1 of Bureau of Indian standard Quality is (are) to be used in any type of house water connection(s) prior approval of concerned Superintending Engineer shall be obtained ”
4. Amendment of rule 5
In the Principal Rules, for rule 5, the following shall be substituted namely
5 .Transfer of Water Connection : “ Transfer of Water Connection(s) 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. Changing name(s) of Owner(s) of premise(s) where water connection(s) is (are) provided should invariably be included a the house water connection (s). Separation or transfer of house water connection(s) from premise(s) for which house water connection(s) originally sanctioned 1s not permitted ”.
5. Amendment of rule 6:
In the Principal Rules for rule 6, the following shall be substituted namely;”
“6. Right of reservation of Water Sources with the catchment areas for human consumption
The Department may exercise the right to preserve, protect and 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(s) do any activities which can cause depletion, contamination and pollution of water in the catchments areas of the reserved source(s). No person shall use or utilize water from the reserved source(s) without prior permission of the Department. Whoever-disobey or offend The rule may be punished as per 17(5) of the Mizoram Water Supplies ( Control) Act, 2004. 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.”
6. Amendment of rule 7
1. In the Principal Rules, for rule 7, the following sub rule shall be substituted as follows, namely
(2) (3) (4) (5) (6) (7) Amended vide Govt. of Mizoram Notification No. G 25022/1/2000-PHE, the 24" June, 2016
(23) The Department may supply water to the owner of the house connection or Consumer at least once in a week. If the water supplied in a month is less than 2, 500 Liters.(Two thousand five hundred) only due to breakdown of the Water Supply . System(s) or willful negligence of the Department personnel, the Department may consider a rebate of 50% of minimum water bill subject to verification of the Department on the genuineness of the quantity of water supplied. In order to get the rebate, the consumer or owner of house connection(s) shall make claim to the Department on or before payment of the bill raised by the Department to the Executive Engineer. In charge of the Division or Sub-Divisional Officer in charge of the Sub-Division and any claim made after making payment Shall not be entertained. In case of wrong billing or charges for any month during which water is not supplied to the me consumer, the Executive Engineer of the concerned Division of the Department may waive the wrong amount wrongly charged.
(25) Deleted Amended Vide Govt. of Mizoram Notification No. G 25 022/1/2000-PHE, the 24" June, 2016
2.In the Principal Rules, after sub-rule 26 of rule 7, the following sub-rules shall be added, namely
(27) ,(28) Amended vide Govt. of Mizoram Notification ;No. G 25022/1/2000-PHE, the 24" June, 2016
(29) lf any person(s) cause damage, cause difference or loss requiring rectification, modification, replacement or shifting the whole or part(s) of the existing Water Supply System(s),the person(s) should bearall the required expenditure for reinstallation as directed by the Executive Engineer of the concerned Division. Such person(s) should relief such consumers) who is (are) affected during the period of disruption until and unless regular water supply is resumed as usual
(30) All drinking water supplies through truck carriage operated a by private party must be disinfected by adding requisite quantity of disinfectant like Bleaching Powder solution, Sodium Hypo chloride solution or any other convenient level of 0.2 PPM (0.2 mg/liter) after contact period of 30 minutes on as per IS 10500 or per world Health Organization's norms. Disinfection Certificates should be issued by the Department to all water carrying truck(s) at the time of disinfection and the certificate will be valid only for 24 hours and the certificate beamy for (hat disinfected water. The residual disinfection, Level of water carried by truck(s) will be checked. Owner(s) of the water carrying truck shall pay Rs. 20.00 (Rupees twenty) for disinfecting 4000 liters (4KL) or Water ”.
Dr. Dilraj Kaur I.A.S.
Special Secretary,
Government of Mizoram,
Public Health Engineering Department.
Published and Issued by Controller, Printing & Stationery Department,
NOTIFICATION
Dated Aizawl the 24" of June, 2016 No. G 25022/ 1/2000-PHE In exercise of the powers conferred by section 18 of the Mizoram Water Supplies (Control) Act, 2004 (Act) No.11 of 2004) the Governor of Mizoram is pleased to make the following rules further to amend “The Mizoram Water Supply (Control) -Rules 2011” (herein after referred to as the Principal Rules) as follows, namely.
1. Short title, Extent and commencement
(1).These rules shall be called “The Mizoram Water Supply (Control) (Amendment) Rules, 2016”.
(2) It shall have the like extent as the Principal Rules.
(3). It shall come into force from the date of its publication in the Mizoram Gazette.
2. Amendment of Rule 2: Rule 2 of the Principal Rules shall be substituted as follows, namely
Definitions
1. In this Rules, unless the context otherwise requires,
a) ‘Act’ means The Mizoram Water Supplies (Control) Act, 2004(No.11 of 2004).
b) ‘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.
c) ‘Consumer’ means any person or Owner or occupier of any premises provided with water through either piped water connection, Public Water Point or Hand Pump Tube Well of the Department
d) ‘Commercial Consumer’ means any consumer who, directly or indirectly earn profit out of the water supplied by the Department. Identification of such commercial consumer shall be at the discretion of the Department
e) ‘Disconnection’ means stoppage of water supply due to certain reasons, if reconnected, requires payment of re-connection fee and other expenses, if any.
f) ‘Domestic Consumer’ means any consumer whose water connections are for household utility.
g) ‘Government Consumer’ means any water connections for building or establishment(s) belonging to State Government, State Government Undertakings, Government of India and Government of India Undertakings.
h) ‘Habitation’ means any place(s) where people are living permanently.
i) “Premises” means any land or building.
j) ‘Reconnection’ means reconnecting the disconnected, water connection on payment of reconnection fee and any other charges as may be required
k) “Suspension” means temporary stoppage of water Supply for a certain period as notified in the suspension order where payment of reconnection fee is not imposed, but may requires payment of other expenses, if any.
1) “Supply Tank” means water tank(s) from where pipe(s) of water connection(s) or Public Water Point(s) or Hydrant(s) are connected.
m) ‘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.
n) “Water Source” means the source of water notified by the Executive Engineer of the concerned area as reserved water source.
0) ‘Water Supply Scheme’ means all types of Water Supply Scheme(s) such as piped water Supply, all types of Spring Water Harvesting Schemes, Tube Well(s), Dug Well(s), a Rain Water Harvesting Scheme(s), etc., installed-for supply of drinking water to public.
p)'water supply System’ means all type of infrastructure(s) or assets(s) created for supply of drinking water to public.
(2) All other words and expression used herein and not defined shall have the meanings respectively assigned to them in the Act.
(3)Amendment of Rule 3:
Clauses (ii) to (v) of Rule 3 of the principal Rules shall be substituted as follows, namely “(ii) 1 (one) water connection is meant for 1 (one) household or 1(one) family. Sharing of 1 (one) water connection by 2(two) or more families or households is not allowed. Generally, GI pipe of size not larger than 20mm diameter shall be used for water connection and the quality inferior to Medium Class conforming to IS 1239 part-I shall not be used. For use of GI pipe size larger than 20mm diameter or any other pipe materials, specific approval of the concerned Superintending Engineer shall be obtained provided that all the technical feasibilities are established.
(iii) The prescribed application form for any type of water connections may be obtained from the Office of the concerned Executive Engineer or Sub-Divisional Officer during office working hours on production of Land Settlement Certificate (LSC) or Land Lease Certificate (LLC) or land pass or any other land ownership document in original duly issued by the competent authority where water connection is required. The duly filled in application form must be submitted to the concerned Sectional Officer enclosing attested photo copy of the documents produced at the time of collection of the application form. Thereafter, the Sectional Officer shall conduct spot verification for ne technical feasibility. After the Department determines the feasibility and decides the T-Cluster or Supply tank from where the water connection is to be given, shall accord the sanction and intimate the same to the applicant along with the estimated installation costs and Connection Fees that the applicant has to deposit to the Department.
lf the applicant wants to change the T-Cluster/Supply tank after the sanction is accorded, the applicant shall submit a fresh application with all the connected documents and the Department shall make fresh verification and if found feasible, fresh sanction shall be accorded.
(iv) Where the Superintending Engineer and Executive Engineer are in the same station the former shall sanction the water connection, However, where the Superintending Engineer and Executive Engineer are not in the same station, the latter shall accord the sanction. Where the Executive Engineer and Sub-Divisional Officer are in the same station, the Executive Engineer shall sanction direct sale of water. However, where the Executive Engineer and Sub-Divisional Officer are not in the same station, Sub-Divisional Officer shall sanction direct sale of water.
(v) For the purpose of quality control and maintaining uniformity, it shall be the sole purview of the Department to procure pipes and fittings and to lay the Pipes for water connection. If the consumer desires so, he may procure the pipes and fittings from outside provided that the quality conforms to the specification as laid out in Rule 3 (ii). The Department shall have the right to reject the pipes or fittings procured by the consumer if it does not conform to the specification.
Normally, laying and fitting of water connection pipes shall be done only after all the installation costs and connection fees are deposited to the Department. The applicant shall be responsible for arranging right of way, clearances and No Objection Certificates through which the pipes have to be laid. Compensations, if any, for damages caused to the public private property due to laying of water connection pipes shall also be the responsibility of the applicant. In case of direct purchase of water from the Department, the applicant is expected to arrange all necessary required pipes and fittings. If see the applicant desires so, the Department may provide the same Provided that the cost of materials is deposited by the applicant as per the rates approved by the Department from time to time.”
4 Amendment of Rule 4
In Rule 4 of the Principal Rules, Sub-Rule 1 and clause (i) and (x) in Sub-Rule (2) along with sub-rule (2) itself in Rule 4 of the Principal Rules shall be substituted as follows, namely
1) Sub-rule (1) shall be substituted by the following, namely
“The concerned Executive Engineer or Sub Divisional Officer may Disconnect or Suspend water supply as per provisions of Section 13 and 14(1) of the Act which-shall be communicated by issue of written order. Whether to disconnect or to suspend the water supply shall be at the discretion of the concerned Executive Engineer. Reconnection of water connection and resumption of suspended water supply shall be as per the provision of Section 14(4), (5) and (6) of the Act.”
2) The words and figures in Sub-rule (2) and clause (1) and (11) shall be substituted by the following namely
“In addition to the reasons for disconnection or Suspension of the water supply as provided in Section 13 and 14(1) 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 a consumer or anything under his influence causes any inconvenience to the Departmental Staff on duty by way me of intimidating or endangering life to the extent that operation of water supply to the premises is severely disturbed.
(x) If the consumer requests the Department to disconnect or suspend the water supply at his own interest”.
3) After sub-rule 2, a new sub-rule 3 shall be inserted as follows, Namely
“No fresh or new water connection shall be sanctioned to any land or buildings after disconnection of the Previous water connection until and unless the previous dues, if any, is cleared even if the name of owner or tenant or lessee of the building is changed or altered or location of the building is changed”.
5 Amendment of Rule 5: Rule 5 of the Principal Rules shall be substituted as follows, namely.
‘Transfer of Water Connection may be considered by the Executive , Engineer concerned as per provision laid out in Section 15 of the Act on receipt of application in the prescribed form as per Annexure -'V'. The applicant shall bear all the expenses as may be required for transfer of the water connection. However, the applicant shall not be required to pay the connection fee afresh.'
6 Amendment of Rule 6
Rule 6 of the Principal Rules shall be substituted as follows, namely
"The Department reserves the right to preserve, protect and conserve any water source(s) including Ground Water and its Catchment Area(s) for water supply to any habitation. No person(s) shall engage in any activities which may cause depletion contamination and pollution of water in the catchments areas of the reserve source(s). No person shall use or utilize water from the reserves source(s) without prior permission of the Department .Any violation of this right shall be liable for punishment as per Section 16(5) of the Mizoram Water Supplies (Control) Act 2004.The Executive Engineer of the concerned Division is empowered to issue the notification of the reservation of water source(s) and catchment area(s) within his jurisdiction”.
Amendment of Rule 7:
In Rule 7 of the Principal Rules, Sub-rule( 1) to (13), (15) to(l9),(22) to (25), (27) to (28) shall be substituted as follows, namely
(1) Anon-refundable connection fee of Rs.1000/- (Rupees one thousand) only shall be charged or each new pipe water connection.
(2)(3)(4)(5)(6) -- Note: Rates of Water Charges in Sub-Rule (2)to(6) of Rule 7 shall be as notified from time to (4) time in exercise of the power conferred by Section-18 of the Mizoram Water Supplies (Control) Act, 2004(Act No.11 of 2004).
(7) The rates of water and other charges mentioned under Rule 7 may be revised by the Department by issue of notification not more than once in a year.
(8) Deleted
(9) Deleted
(10) The cost of repairs, alteration, modification or shifting of existing water connection, if required, shall be borne by the applicant or consumer. The Department shall normally start the work only after the consumer or the owner of water connection deposits the required amount to the Department. In the event of any private or public property to be damaged in the process, 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.
(11) Deleted
(12) Deleted 7
(13) Rs 10 (Rupees Ten) per month per water meter shall be charged as rent for water meter of all sizes if the water meter is provided by the Department. Otherwise no rent shall be charged
(15) Change of ownership of water connection may be considered by the Executive Engineer concerned on receipt of application in the prescribed form as per Annexure-VI. The application must be accompanied by production of Land Settlement Certificate or any other relevant document issued by the appropriate authority showing sufficient proof of transfer of ownership of property to the applicant at the satisfaction of the Department and on production of document showing that all the dues are cleared.
(16) Deleted
(17) All the required amount, as estimated for installation of water connection shall be paid by the applicant to the concerned Executive Engineer within the validity of the sanction as per Section 4 of the Act. If payment 1s not made within the specified period, the Executive Engineer may consider revalidation, only subject to receipt of written application and the revalidation sanction shall supersede the previous sanction. The applicant shall also bear any additional costs, if any, over the original estimates arising out of the cost escalations. Payment shall be made through Treasury Challan as specified by the Department.
(18) The consumer or owner of water connection shall pay monthly water bills by cash only to the payment counter specified by the Department. If a consumer requires making payment by cheque or demand draft or treasury challan, it will be the responsibility of the consumer to clear cheque or demand draft or treasury challan with the bank.
(19) Such monthly water bulls and other charges shall be paid as per bill or card served to the consumers by the Department and shall be paid every month within the stipulated period mentioned in the bill. If bills are not paid with the stipulated period, the same shall be carried over to the monthly bill of the succeeding month and 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.
(20) Deleted
(22) Deleted
(23) The Department may supply water to the consumer at least once a week. If the water supplied in a month is less than ,2,500 (Two thousand Five hundred) liters due to breakdown of the Water Supply System(s) or willful negligence of the Department personnel, the Department may consider a rebate of 50% of minimum water bill subject to verification by the Department on the genuineness of the quantity of water supplied. In order to get the rebate, the consumer or owner of water connection(s) shall make claim to the concerned Executive Engineer or Sub-Divisional Officer within the last date of payment as indicated in the Bill. Any claim made thereafter shall not be entertained.
If the consumer has been served a monthly water bill for water not being supplied, the concerned Executive Engineer may waive the whole bill.
24) If the water meter is lost, damaged or out of order, the consumer or owner of water connection shall replace such water meter by a functional water meter duly certified by the Department within a grace period of 2 (two) months otherwise the water connection is liable to be disconnected. A flat rate of Rs 300/- (Rupees Three- hundred) for Domestic and Government consumer and. Rs . 800 (Rupees Eight Hundred) for Commercial consumer month per water connection or average of monthly water month last three months whichever 1s higher, shall be charged until and unless the water meter is replaced by the consumer or owner of the water connection, as the case may be. In case the average of monthly water bill of last three months in the opinion of the Department, does not commensurate with the quantity of water supplied, any other mode of assessment, which the Department considered most appropriate, shall be applied..
(25) Deleted
(27) A minimum of Rs. 600/- (Rupees Six hundred) only shall be charged to all commercial consumer up to a maximum supply of 10,000 (ten thousand) liters of water per month per water connection and in excess of supply of 10,000 (ten thousand) liters of water a minimum of Rs. 105/- (Rupees One hundred and Five) only per kilolitre of water shall be charged.
(28) If community water supply by Truck 1s resorted, a minimum charge of Rs. 3/- (Rupees three) only per 15 liters (one tin) will be charged as service charge to the consumer.
2. After sub-rule 30 anew sub-rule 31 shall be inserted as follows, namely
"31) At any time if the outstanding liabilities of the consumer, on account of the monthly water bills accumulates for more than 3 (three) months, the Department shall have the right to club the bill with other water bills against any other premises owned by the consumer to enable realization of dues”.
8 Amendment of Rule 8
Sub-rule (1) of Rule 8 of the Principal Rules a shall be substituted as follows, namely
" Criminal proceedings can be filed by an officer of the Department not below the rank of Sub-Divisional Officer to the competent Judicial Magistrate.”
9. Amendment of Rule 9:
Sub-rule (1) and (2)of Rule 9 of the Principal Rules shall be substituted as follows, namely;
1) “If any disputes or misunderstandings arise due to the action of 3 the Departmental staff on duty, the consumer may file a complaint in writing to the concerned Executive Engineer. 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.
2) The consumer may file an appeal against the order made under sub-rule 1 of Rule 9 to the next higher authorities of the Department within 15 days from the date of communication to him or her of such order.”
Insertion of new rules 10 to 15: After Rule 9 of the Principal Rules, new rules 10 to 15 shall be inserted as follows, namely
10. Trespass on water supply premises
No person shall trespass within the premises of the Department that are directly connected with Water Works except with due permission of the Department.
11. Prohibition of constructions over water mains
1) No structures, temporary or permanent, shall be erected over any water mains or pipelines without prior permission of the Department
2) If any permanent or temporary structures be so constructed, the Department may cause the same to be removed or otherwise dealt with as it deems fit and the expenses thereby incurred shall be paid by the persons contravening the provisions of Rule 11(1) above
12. Power to lay mains and right of Control
(1) The Department may lay Pipelines in such area
(i) street or land belonging to the Government and any local authority or corporation owned or controlled by the Government.
(ii)over, on or under any private land with prior consent of the owner.
2) The Department reserves the right of access to the pipelines including the point of connections such as bunching or T-cluster and pipe appurtenances installed by the Department on any land, which shall be inspected, altered, removed, repaired and kept in proper order at any time.
13. Pipe not to be laid through insanitary places
No water connection or other water supply pipelines shall be laid so as to pass into or through any sewer, drain, latrine, manhole, or ash pit or manure pit. Such pipe shall not be allowed to remain in contact with any foul smelling or injurious materials. In unavoidable cases, adequate protection to the pipe shall invariably be provided by carrying it through an a exterior cast iron tube or in any other suitable manner approved by the Department.
14. Plantation over Water Supply Pipelines or structures
No person shall make plantation upon or nearby any water supply structures or pipelines which is liable to cause damage a difficulty to the routine operation and maintenance of water Supply works.
15. Water Meters
1) The water meter shall, as far as possible, be installed inside the premises of the consumer, who shall be responsible for the safe custody against loss, damage or tampering with the meter. He shall be liable to pay the cost of making good such damages or new water meter as the case may be.
2) The meters shall generally be read between sunrise and . sunset, and the readings shall be reflected in the monthly water bill which shall be final and binding. The consumer a may if he so desires, verify the meter readings.
3) Complaints in meter reading, if any, shall be lodged by the consumer within the last date of payment of bill as indicated in the monthly water bill. Any complaints received after this period shall not be entertained. The complaint shall be examined by the concerned Executive Engineer and make the decision which shall be final and binding. The final bill on the outcome of the complaint shall be carried over to the monthly water bill of the succeeding month and, waive of interest on late payment, if any, due to such complaints shall be at the discretion of the Executive Engineer.”
Sd/-V. Lalremthanga
Secretary to the Government of Mizoram.
Memo No. G. 25022/1/2000-PHE Dated Aizawl the 24" July, 2016 Copy to
1 Secretary to the Governor, Mizoram
2. PS to Chief Minister, Mizoram
3. B.S. to Ministers/Speaker, Mizoram
4. P.S. to Deputy Speaker/Minister of State/Parliamentary Secretaries
5 Sr P.P.S. to Chief Secretary, Government of Mizoram
6. All Principal Secretaries/Commissioners/Secretaries to the Government of Mizoram
7. Accountant General, Mizoram, Aizawl
8. All Administrative Department, Government of Mizoram
9. All Heads of Department, Government of Mizoram
10. The Secretary, Mizoram Legislative Assembly
11. The Chief Controller of Accounts, Mizoram, Aizawl
12. Controller, Printing & Stationeries, Government of Mizoram with 6 (six) spare copies for publication in the Mizoram Gazette
13. Under Secretary to the Government of Mizoram, Political and Cabinet Department
14. All Treasury Officers, Mizoram
15. Guard File.