186. Maintenance of water-supply.—(1) In every cantonment where a sufficient supply of potable
water for domestic use does not exist, the Board shall provide or arrange for the provision of such a
supply.
(2) The Board shall, as far as possible, make adequate provision that such supply shall be continuous
throughout the year, and that the water shall be at all times fit for human consumption.
(3) It shall be the duty of every Board to practise and propagate the scientific methods of water
harvesting including harvesting of rain water for use and make arrangement for recharging the sources of
ground water including underground aquifers and to preserve rivers, streams, springs and other natural
sources of water within and in the vicinity of the cantonment.
187. Terms of water-supply.—In this Chapter, unless the context otherwise requires, the following
words and expression in relation to water supply shall have the respective meanings given below,
namely:—
(1) “communication pipe” means:—
(a) where the premises supplied with water abut on the part of the street in which the main is laid,
and the service pipe enters those premises otherwise than through the outer wall of a building abutting
on the street and has a stopcock placed in those premises and as near to the boundary of that street as
is reasonably practicable, so much of the service pipe as lies between the main and that stopcock;
(b) in any other case, so much of the service pipe as lies between the main and the boundary of
the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the
main, and also,—
(i) where the communication pipe ends at in a stopcock, that stopcock, and
(ii) any stopcock fitted on the communication pipe between the end thereof and the main.
(2) “main” means a pipe laid by the Board for the purpose of giving a general supply of water as
distinct from a supply to individual consumers and includes any apparatus used in connection with such a
pipe.
(3) “service pipe” means so much of any pipe for supplying water from a main to any premises as is
subject to water pressure from that main, or would be so subject but for the closing of some tap.
(4) “supply pipe” means so much of any service pipe as is not a communication pipe.
1. Subs. by Act 18 of 2023, s. 2 and Schedule for sub-section (1) (w.e.f. 2-11-2023).
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(5) “trunk main” means a main constructed for the purpose of conveying water from a source of
supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose
of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the
purpose of giving or taking a supply of water in bulk.
(6) “water fittings” includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns,
baths and other similar apparatus used in connection with the supply and use of water.
188. Board to carry out survey and formulate proposals.—(1) The Board may, when so
required,—
(a) carry out a survey of the existing consumption of and demand for water supplies in
cantonment and of the water resources in or likely to be made available in the cantonment;
(b) prepare an estimate of the future water supply requirements of the cantonment;
(c) carry out a survey of the existing quantity of sewage collection;
(d) formulate proposals as to—
(i) the existing or future water supply requirements of the cantonment;
(ii) the existing or future sewage collection requirement in cantonment including proposals
for the manner in which and the place or places at which sewage should be carried, collected and
treated.
(2) If the Board is of the opinion that the works and other properties for the time being vested in the
Board, are inadequate for the purpose of sufficient supply of water or for the purpose of efficient
collection of sewage under this Act it may take steps in accordance with the provisions of this Act for the
construction of additional works, whether within cantonment or outside the cantonment with the approval
of the Principal Director and for the acquisition of additional properties for such works.
189. Control over sources of public water-supply.—(1) The Board may, with the previous sanction
of the Central Government, by public notice, declare any lake, stream, spring, well, tank, reservoir or
other source, whether within or without the limits of the cantonment other than a source of water-supply
under the control and in use of the Military Engineer Services or the Public Works Department from
which water is or may be made available for the use of the public in the cantonment to be source of public
water-supply.
(2) Every such source shall be under the control of the Board and it shall be the duty of the Board to
preserve and maintain such source.
190. Power to require maintenance or closing of private source of public drinking
water-supply.—The Chief Executive Officer may, by notice in writing, require the owner or any person
having the control of any source of public water-supply which is used for drinking purposes—
(a) to keep the same in good order and to clear it from time to time of silt, refuse and decaying
vegetation; or
(b) to protect the same from contamination in such manner as the Chief Executive Officer may
direct; or
(c) if the water therein is proved to the satisfaction of the Chief Executive Officer to be unfit for
drinking purposes, to take such measures as may be specified in the notice to prevent the public from
having access to or using such water:
Provided that, in the case of a well, such person as aforesaid may, instead of complying with the
notice, signify in writing his desire to be relieved of all responsibility for the proper maintenance of the
well and his readiness to place it under the control and supervision of the Board for the use of the public,
and, if he does so, he shall not be bound to carry out the requisition, and the Board shall undertake the
control and supervision of the well.
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191. Supply of water.—(1) Subject to the guidelines made by the Board in this regard, the Chief
Executive Officer may permit the owner, lessee or occupier of any building or land to connect the
building or land with a source of public water-supply by means of communication pipes of such size and
description as may be specified for the purpose of obtaining water for domestic use.
(2) The occupier of every building so connected with the water-supply shall be entitled to have for
domestic use, in return for the water tax, if any, such quantity of water as the Chief Executive Officer may
determine.
(3) All water supplied in excess of the quantity to which such supply is limited under sub-section (2)
and, in a cantonment in which a water tax is not imposed, all water supplied under this section, shall be
paid for at such rate as the Board may fix keeping in view its financial viability.
(4) The supply of water for domestic use shall not be deemed to include any supply for—
(a) animals or for washing vehicles where such animals or vehicle are kept for sale or hire;
(b) any trade, manufacture or business;
(c) fountains, swimming baths or any ornamental or mechanical purpose;
(d) gardens or for purposes of irrigation;
(e) making or watering roads or paths; or
(f) building purposes.
192. Power to require water-supply to be taken.—If it appears to the Chief Executive Officer that
any building or land in the cantonment is without a proper supply of potable water, the Chief Executive
Officer may, by notice in writing, require the owner, lessee or occupier of the building or land to obtain
from a source of public water-supply such quantity of water, as is, adequate to the requirements of the
persons usually occupying or employed upon the building or land, and to provide communication pipes of
the prescribed size and description, and to take all necessary steps for the above purposes.
193. Supply of water under agreement.—(1) Subject to the guidelines made by the Board in this
regard, the Chief Executive Officer may, by agreement, supply, from any source of public water supply,
the owner, lessee or occupier of any building or land in the cantonment with any water for any purpose,
other than a domestic purpose, on such terms and conditions, consistent with this Act and the rules and
bye laws made thereunder, as may be agreed upon between the Chief Executive Officer and such owner,
lessee or occupier.
(2) The Chief Executive Officer may withdraw such supply or curtail the quantity thereof at any time
if it should appear necessary to do so for the purpose of maintaining sufficient supply of water for
domestic use by inhabitants of the cantonment.
194. Board not liable for failure of supply.—Notwithstanding any obligation imposed on Boards
under this Act, a Board shall not be liable to any forfeiture, penalty or damages for failure to supply water
or for curtailing the quantity thereof if the failure or curtailment, as the case may be, arises from accident
or from drought or other unavoidable cause unless, in the case of an agreement for the supply of water
under section 193, the Board has made express provision for forfeiture, penalty or damages in the event of
such failure or curtailment.
195. Conditions of universal application.—Notwithstanding anything herein before contained or
contained in any agreement under section 193, the supply of water by a Board to any building or land
shall be, and shall be deemed to have been granted subject to the following conditions, namely:—
(a) the owner, lessee or occupier of any building or land in or on which water supplied by the
Board is wasted by reason of the pipes, drains or other works being out of repair shall, if he has
knowledge thereof, give notice of the same to such officer as the Chief Executive Officer may appoint
in this behalf;
(b) the Chief Executive Officer or any other officer or employee of the Board authorised by him
in writing in this behalf may enter into or on any premises supplied with water by the Board, for the
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purpose of examining all pipes, taps, works and fittings connected with the supply of water and of
ascertaining whether there is any waste or misuse of such water;
(c) the Chief Executive Officer may, after giving notice in writing, cut off the connection between
any source of public water-supply and any building or land to which water is supplied for any purpose
there from, or turn off such supply if—
(i) the owner or occupier of the building or land neglects to pay the water tax or water rate or
other charges connected with the water supply within one month from the date on which such tax
or rate or charge falls due for payment;
(ii) the occupier refuses to admit the Chief Executive Officer or other authorised officer or
employee of the Board into the building or land for the purpose of making any examination or
inquiry authorised by clause (b) or prevents the making of such examination or inquiry;
(iii) the occupier wilfully or negligently misuses or causes waste of water;
(iv) the occupier wilfully or negligently injures or damages his meter or any pipe or tap
conveying water from the water works;
(v) any pipes, taps, works or fittings connected with the supply of water to the building or
land are found, on examination by any other officer or employee of the Board authorised by the
Chief Executive Officer in writing in this behalf, to be out of repair to such an extent as to cause
waste of water;
(d) the expense of cutting off the connection or of turning off the water in any case referred to in
clause (c) shall be paid by the owner or occupier of the building or land;
(e) no action taken under or in pursuance of clause (c) shall relieve any person from any penalty
or liability which he may otherwise have incurred.
196. Supply to persons outside cantonment.—A Board may allow any person not residing within
the limits of the cantonment to take or be supplied with water for any purpose from any source of public
water supply on such terms as it may prescribe, and may at any time withdraw or curtail such supply.
197. Penalty.—Whoever—
(a) uses for other than domestic purposes any water supplied by a Board for domestic use; or
(b) where water is supplied by agreement with a Board for a specified purpose, uses that water for
any other purposes shall be punishable with fine which may extend to two thousand five hundred
rupees, and in addition, the Board shall be entitled to recover from him the cost of the water misused.
Water, Drainage and other connections
198. Power of Board to lay wires, connections, etc.—A Board may carry any cable, wire, pipe,
drain, sewer or channel of any kind,—
(a) for the purpose of carrying out, establishing or maintaining any system of water-supply,
lighting, drainage, or sewerage, through, across, under or over any road or street or any place laid out
or intended as a road or street, or, after giving reasonable notice in writing to the owner or occupier,
into, through, across, under or over any land or building, or up side of any building, situated within
the cantonment; or
(b) for the purpose of supplying water or of the introduction or distribution of outflow of water or
for the removal or outflow of sewage, after giving reasonable notice in writing to the owner or
occupier, into, through, across, under or over any land or building, or up side of any building, situated
outside the cantonment and may at all times do all acts and things which may be necessary or
expedient for repairing or maintaining any such cable, wire, pipe, drain, sewer or channel in an
effective state for the purpose for which the same may be used or is intended to be used:
Provided that no nuisance shall be caused in excess of what is reasonably necessary for the proper
execution of the work:
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Provided further that compensation shall be payable to the owner or occupier for any damage
sustained by him which is directly occasioned by the carrying out of any such operation.
199. Wires, etc., laid above surface of ground.—In the event of any cable, wire, pipe, drain, sewer
or channel being laid or carried above the surface of any land or through, over or up side of any building,
such cable, wire, pipe, drain sewer or channel shall be so laid or carried as to interfere as little as possible
with the rights of the owner or occupier to the due enjoyment of such land or building, and compensation
shall be payable by the Board in respect of any substantial interference with the right to any such
enjoyment.
200. Connection with main not to be made without permission.—No person shall, for any
purpose whatsoever, without the permission of the Board at any time make or cause to be made any
connection or communication with any cable, wire, pipe, drain, sewer or channel constructed or
maintained by, or vested in, a Board.
201. Power to prescribe ferrules and to establish meters, etc.—The Chief Executive Officer may
prescribe the size of the ferrules to be used for the supply of gas, if any, and may establish meters or other
appliances for the purpose of measuring the quantity of any water or gas or testing the quality thereof
supplied to any premises by the Board.
202. Power of inspection.—The ferrules, communication pipes, connections, meters, stand pipes and
all fittings thereon or connected therewith leading from water mains or from pipes, drains, sewers or
channels into any house or land, to which water or gas is supplied by a Board, and the pipes, fittings, and
works inside any such house or within the limits of any such land, shall in all cases be installed or
executed subject to the inspection and to the satisfaction of the Chief Executive Officer.
203. Power to fix rates and charges.—A Board may fix the charges to be made for the
establishment by them or through their agency or communications from, and connections with, mains, or
pipes for the supply of water, or gas, or for meters or other appliances for measuring the quantity, or
testing the quantity thereof supplied, and may levy such charges accordingly.
Application of this Chapter to Government water-supplies
204. Government water-supply.—(1) Where in any cantonment there is a water-supply (other than a
public water-supply under the control of the Board) under the control of the Military Engineer Services or
the Public Works Department, the Officer of the Military Engineer Services or of the Public Works
Department, as the case maybe, in charge of such water-supply (hereafter in this Chapter referred to as the
Officer) may publish in the cantonment in such manner as he thinks fit a notice declaring any lake,
stream, spring, well, tank, reservoir or other source, whether within or without the limits of the
cantonment other than a source of public water-supply and the officer may, for the purpose of keeping
any such source in good order or of protecting it from contamination or from use, require the Board to
exercise any power conferred upon it by section 190.
(2) In the case of any water-supply such as is referred to in sub-section (1), the following provisions
of this Chapter, namely, the provisions of sections 191, 193, 194, 195, 197, 198, 199, 200, 201, 202 and
203 shall, as far as may be, be applicable in respect of the supply of water to the cantonment, and for the
purpose of such application references to the Board shall be construed as references to the Officer, and
references to the Chief Executive Officer or other officer or employee of the Board shall be construed as
references to such person as may be authorised in this behalf by the Officer.
(3) The provisions of section 193 shall be applicable in respect of the supply of water by agreement to
the Board by the Officer for use for any purpose other than a domestic purpose in like manner as they are
applicable to such supply to the owner, lessee or occupier of any building or land in the cantonment.
(4) In order to preserve the underground water level, the Board may make regulations for the digging
or use of bore wells in the cantonment.
205. Water-supply for domestic consumption.—(1) Where it appears to the Chief Executive
Officer that any dwelling house in the cantonment is without supply of water for domestic consumption
and that such a supply can be given from mains which is not more than one hundred feet distance from
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any part of such dwelling house, the Chief Executive Officer may by notice require the owner to obtain
supply and to execute all such works as may be necessary for this purpose.
(2) It shall not be lawful for the owner of any premises which may be constructed or reconstructed, to
occupy it or cause or permit it to be occupied until he has obtained a certificate from the Chief Executive
Officer that there is provided within, or within a reasonable distance of, the house supply of wholesome
water as appears to the Chief Executive Officer to be sufficient for domestic consumption and use of the
inmates of the house.
206. Recovery of charges.—In any case in which the provisions of section 204 apply and in which
the Board is not receiving a bulk supply of water under section 207, the water-tax, if any, imposed in the
cantonment and all other rates arising out of the supply of water which may be imposed under the
provisions of this Chapter as applied by section 204 shall be recovered by the Board, and all monies so
recovered, or such proportion thereof as the Central Government may in each case determine, shall be
paid by the Board to the Officer.
207. Supply of water from Government water-supply to the Board.—(1) Where in any
cantonment there is a water-supply such as is referred to in sub-section (1) of section 204, the Board may,
and so long as the Board is unable to provide a water-supply of its own, it shall receive from the Military
Engineer Services or the Public Works Department, as the case may be, at such point or points as may be
agreed upon between the Board and the Military Engineer Services or Public Works Department, a supply
of water adequate to the requirements for domestic use of all persons in the cantonment other than entitled
consumers.
(2) Any supply of water received under sub-section (1) shall be a bulk supply, and the Board shall
make such payments to the Military Engineer Services or Public Works Department for all water so
received as may be agreed upon between the Board and the Military Engineer Services or Public Works
Department, or, in default of such agreement, as may be determined by the Central Government to be
reasonable having regard to the actual cost of supplying the water in the cantonment and the rate charge
for water in any adjacent municipality:
Provided that, notwithstanding anything contained in this Act, the Board shall not charge for the
supply to persons in the cantonment of water received by the Board under this section a rate calculated to
produce more than the sum of the payments made to the Military Engineer Services or Public Works
Department for water received and the actual cost of the supply thereof by the Board to consumers.
(3) If any dispute arises between the Board and the Military Engineer Services or Public Works
Department regarding the rate and amount of water adequate to the requirements of persons in the
cantonment other than entitled consumers, the disputes shall be referred to the Central Government whose
decision shall be final.
208. Functions of the Board in relation to distribution of bulk supply.—Where under the
provisions of sub-section (1) of section 207 a bulk supply of water is received by the Board, the Board
shall be solely responsible for the supply of water to all persons in the cantonment other than entitled
consumers; and the provisions of this Act shall apply as if such bulk supply were a source of public
water-supply under the control of the Board and as if the communications from and connections with such
bulk supply for the purpose of supplying water to such persons were a system of water supply established
and maintained by the Board.
209. Special provisions concerning drainage and sewage.—(1) All public drains, all drains in,
alongside or under any public street, except those vesting in the Military Engineer Services or any
Department of the Central Government or a State Government or any autonomous body under the Central
Government or a State Government and all sewage collection works, whether constructed out of the
cantonment fund or otherwise and all works, material and things appertaining thereto, which are situated
in the cantonment shall vest in the Board.
(2) All public and other drains, which are vested in the Board are hereafter in this Act referred to as
cantonment drains.
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(3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or
sewage collection work so much of the sub-soil appertaining thereto as may be necessary for the said
purpose shall be deemed also to vest in the Board.
(4) All drains and ventilation shafts, pipes and all appliances and fittings connected with drainage
works constructed, erected or set up out of the cantonment fund in or upon premises not belonging to the
Board whether—
(a) before or after the commencement of this Act; and
(b) for the use of the owner or occupier of such premises or not, shall unless the Board has
otherwise determined, or does at any time otherwise determine, vest and be deemed always to have
vested in the Board.
210. Construction of and control of drains and sewage collection and disposal works.—(1) All
cantonment drains, all sewage collection and all works, materials and things appertaining thereto shall be
under the control of the Board.
(2) The Chief Executive Officer shall maintain and keep in repair all cantonment drains and sewage
collection and sewage disposal works when authorised by the Board.
(3) The Board shall construct as many new drains and sewage collection and sewage disposal works
as may from time to time be necessary for effectual drainage and sewage collection.
(4) The Board shall ensure that the sewage effluents are treated in accordance with the norms laid
down under the relevant laws relating to pollution before it is dispersed into a river, stream, lake or open
land.
211. Certain matters not to be passed into cantonments drains.—No person shall throw, empty or
turn into any cantonment drain or into any drain communicating with a cantonment drain—
(a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to
affect prejudicially the treatment and disposal of its contents; or
(b) any chemical, refuse or waste stream, or any liquid of a temperature higher than forty-five
degrees centigrade, being refuse or stream which, or liquid which when so heated is, either alone or in
combination with the contents of the drain be dangerous, or the cause of a nuisance, or prejudicial to
health; or
(c) any dangerous petroleum.
Explanation.—In this section, the expression “dangerous petroleum” has the same meaning as in the
Petroleum Act, 1934 (3 of 1934).
212. Application by owners and occupiers to drain into cantonment drains.—(1) Subject to such
conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises
having a private drain, or the owner of any private drain within cantonment may apply to the Chief
Executive Officer to have his drain made to communicate with the cantonment drains and thereby to
discharge foul water and surface water from those premises or that private drain:
Provided that nothing in this sub-section shall entitle any person—
(a) to discharge directly or indirectly into any cantonment drain—
(i) any trade effluent from any trade premises except in accordance with bye-laws made in
this behalf; or
(ii) any liquid or other matter the discharge of which into cantonment drains is prohibited by
or under this Act or any other law; or
(b) where separate cantonment drains are provided for foul water and for surface water to
discharge directly or indirectly—
(i) foul water into a drain provided for the surface water; or
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(ii) except with the permission of the Chief Executive Officer, surface water into a drain
provided for foul water; or
(c) to have his drains made to communicate directly with a storm-water overflow drain.
(2) Any person desirous of availing himself of the provisions of sub-section (1) shall give to the Chief
Executive Officer notice of his proposals, and at any time within one month after receipt thereof, the
Chief Executive Officer may by notice to him refuse to permit the communication to be made, if it
appears to him that the mode of construction or condition of the drain is such that the making of the
communication would be prejudicial to the drainage system, and for the purpose of examining the mode
of construction and condition of the drain he may, if necessary, require it to be laid open for inspection.
(3) The Chief Executive Officer may, if he thinks fit, construct such parts of the work necessary for
having a private drain made to communicate with a cantonment drain, as is in or under a public street and
in such a case, the expenses incurred by the Chief Executive Officer shall be paid by the owner or
occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable
from the owner or occupier as an arrears of tax under this Act.
213. Drainage of undrained premises.—(1) Where any premises are in the opinion of the Chief
Executive Officer, without sufficient means of effectual drainage and a cantonment drain or some place
approved by the Chief Executive Officer for the discharge of filth and other polluted and obnoxious
matter is situated at a distance of not exceeding thirty metres from any part of the said premises, he may,
by written notice, require the owner of the said premises—
(a) to make a drain emptying into such cantonment drain or place;
(b) to provide and set up all such appliances and fittings as may appear to the Chief Executive
Officer necessary for the purposes of gathering and receiving the filth and other polluted and
obnoxious matter from, and conveying the same off, the said premises and of effectually flushing
such drain and every fixture connected therewith;
(c) to remove any existing drain or other appliance or thing used or intended to be used for
drainage which is injurious to health;
(d) to provide a closed drain in substitution of an open drain or to provide such other appliance or
thing either newly or in substitution of any existing appliance or thing or to provide both a close drain
and such other appliance or thing in substitution of the existing open drain and other appliance or
thing, which is or is likely to be injurious to health;
(e) to provide and set up all such appliances and fitting as may appear to the Chief Executive
Officer to be necessary for the purpose of gathering and receiving the waste water from floors and
galleries of buildings when they are washed, and conveying the same through spouts, by down-take
pipes so as to prevent such waste water from discharging directly on streets or inside any lower
portion of the premises;
(f) to carry out any work to improve or re-model an existing drain which is inadequate,
insufficient or faulty.
(2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the
Chief Executive Officer, without sufficient means of effectual drainage, he may, by written notice, require
the owner of the premises—
(a) to construct a drain up to a point to be prescribed in such notice but not at a distance or more
than thirty meters from any part of the premises; or
(b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool
or soakage pit.
(3) Any requisition for the construction of any drain under sub-section (2) may contain any of the
details specified in sub-section (1).
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214. New premises not to be erected without drains.—(1) It shall not be lawful to erector to
re-erect any premises in a cantonment or to occupy any such premises unless—
(a) a drain be constructed of such size, materials and description, at such level and with such fall
as shall appear to the Chief Executive Officer to be necessary for the effectual drainage of such
premises;
(b) there have been provided and set up on such premises such appliances and fittings as may
appear to the Chief Executive Officer to be necessary for the purposes of gathering or receiving the
filth and other polluted and obnoxious matter from, and conveying the same off, the said premises
and of effectually flushing the drain of the said premises and every fixture connected therewith.
(2) The drain so constructed shall empty into a cantonment drain situated at a distance of not
exceeding thirty meters from the premises; but if no cantonment drain is situated within that distance then
such drain shall empty into a cesspool situated within that distance to be specified by the Chief Executive
Officer for the purpose.
215. Power to drain group or block of premises by combined operations.—(1) If it appears to the
Chief Executive Officer that any group or block of premises may be drained more economically or
advantageously in combination than separately, and a cantonment drain of sufficient size already exists or
is about to be constructed within thirty metres of any part of that group or block of premises, the Chief
Executive Officer may cause that group or block of premises to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or
block of premises shall be paid by the owners of such premises in such proportions as the Chief Executive
Officer may determine and shall be recoverable from them as an arrears of tax under this Act.
(3) Not less than fifteen days before any such work is commenced, the Chief Executive Officer shall
give to each such owner—
(a) written notice of the nature of the proposed work; and
(b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such
expenses payable by him.
(4) The Chief Executive Officer may require the owners of such groups or block or premises to
maintain the work executed under this section.
216. Power to close or limit the use of private drains in certain cases.—Where a drain connecting
any premises with a cantonment drain is sufficient for the effectual drainage of such premises and is
otherwise unobjectionable but is not in the opinion of the Chief Executive Officer, adapted to the general
system of drainage in the cantonment, he may, by written notice addressed to the owner of the premises,
direct—
(a) that such drain be closed, discontinued or destroyed and that any work necessary for that
purpose be done; or
(b) that such drain shall, from such date as may be specified in the notice in this behalf, be used
for filth and polluted water only or for rain water and unpolluted sub-soil water only:
Provided that—
(i) no drain may be closed, discontinued or destroyed by the Chief Executive Officer under
clause (a) except on condition of his providing another drain equally effectual for the drainage of the
premises and communicating with any cantonment drain which he thinks fit; and
(ii) the expenses of the construction of any drain so provided by the Board and of any work done
under clause (a) may be paid out of the cantonment fund.
217. Use of drain by a person other than the owner.—(1)Where the Chief Executive Officer either
on receipt of an application from the owner of any premises or otherwise is of the opinion that the only, or
the most convenient means of effectual drainage of the premises into a cantonment drain is through a
drain belonging to another person, the Chief Executive Officer may by notice in writing require the owner
of such a drain to show cause within a period specified in the notice as to why an order under this section
should not be made.
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(2) Where no cause is shown within the specified period or the cause shown appears to the Chief
Executive Officer invalid or insufficient, the Chief Executive Officer may by order in writing either
authorise the owner of the premises to use the drain or declare him to be a joint owner thereof.
(3) An order made under sub-section (2) may contain directions as to—
(a) the payment of rent or compensation by the owner of the premises;
(b) the construction of a drain for the premises for the purpose of connecting it with the aforesaid
drain;
(c) the entry upon the land in which the aforesaid drain is situate with assistants and workmen at
all reasonable hours;
(d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and
emptying the aforesaid drain.
218. Sewage and rain water drains to be distinct.—Wherever it is provided in this Chapter that
steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Chief
Executive Officer to require that there shall be one drain for filth and polluted water and an entirely
distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil
water, each emptying into separate cantonment drains or other suitable places.
219. Power to require owner to carry out certain works for satisfactory drainage.—For the
purpose of efficient drainage of any premises, the Chief Executive Officer may, by notice in writing,—
(a) require any courtyard, alley or passage between two or more buildings to be paved by the
owner or owners of such buildings with such materials and in such manner as may be approved by the
Chief Executive Officer; and
(b) require such paving to be kept in proper repair.
220. Appointment of places for the emptying of drains and collection of sewage.—The Chief
Executive Officer may cause any or all of the cantonment drains to empty into, and all sewage to be
collected of at, such place or places as he considers suitable:
Provided that no place which has not been before the commencement of this Act used for any of the
purposes specified in this section shall, after such commencement be used there for without the approval
of the Board:
Provided further that on and after such date as may be appointed by the Central Government in this
behalf no sewage shall be discharged into any water course until it has been so treated as not to affect
prejudicially the purity and quality of the water into which it is discharged.
Miscellaneous
221. Connection with water works and drains not to be made without permission.—Without the
written permission of the Chief Executive Officer, no person shall, for any purpose whatsoever, at any
time make or cause to be made any connection or communicate with any drain referred to in section 210
or any water works, constructed or maintained by, or vested in, the Board.
222. Buildings, railways and private streets not to be erected or constructed over drains or
water works without permission.—(1)(a) No railway works shall be constructed on any cantonment
drain or any water works constructed or maintained by, or vested in the Board, without the approval of the
Central Government.
(b) If any railway works are constructed on any drains or water works as aforesaid without the written
permission of the Central Government, the Chief Executive Officer may remove or otherwise deal with
the same as he thinks fit.
(2)(a) No private street shall be constructed and no building, wall, fence or other structure shall be
erected on any cantonment drain or on any water works constructed or maintained by, or vested in, the
Board without the approval of the Board.
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(b) If any private street is constructed or any building, wall, fence or structure erected on any drain or
water works as aforesaid without the written permission of the Board, the Chief Executive Officer may
remove or otherwise deal with the same as he may think fit.
(3) The expenses incurred by the Chief Executive Officer in doing so shall be paid by the owner of
the private street or of the building, fence wall or other structure or, as the case may be, by the railway
administration or the person offending and shall be recoverable as an arrears of tax under this Act.
223. Rights of user of property for aqueducts, lines, etc.—(1) The Chief Executive Officer may
place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across
any immovable property whether within or without the local limits of the cantonment without acquiring
the same, and may at any time for the purpose of examining, repairing, altering or removing any
aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across
which the aqueducts, conduits or lines of mains or pipes, or drains have been placed:
Provided that the Board shall not acquire any right other than a right of user in the property over,
under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed.
(2) The power conferred under sub-section (1) shall not be exercisable in respect of any property
vested in the Union or under the control or management of the Central Government or railway
administration or vested in any local authority save with the permission of the Central Government or
railway administration or the local authority, as the case may be, and in accordance with any bye-laws
made in this behalf:
Provided that the Chief Executive Officer may, without such permission, repair; renew, or amend any
existing works of which the character or position is not to be altered if such repair, renewal or amendment
is urgently necessary in order to maintain without interruption the supply of water, drainage or collection
of sewage or is such that delay would be dangerous to health, human life or property.
(3) In exercise of the powers conferred upon him by this section, the Chief Executive Officer shall
cause as little damage and inconvenience as may be possible, and shall make full compensation for any
damage or inconvenience caused by him.
224. Power of owner of premises to place pipes and drains through land belonging to other
persons.—(1) If it appears to the Chief Executive Officer that the only or most convenient means of
water supply to, and drainage of, any premises is by placing or carrying any pipe or drains over, under,
along or across the immovable property of another person, the Chief Executive Officer may, by order in
writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or
across such immovable property:
Provided that before making any such order the Chief Executive Officer shall give to the owner of the
immovable property a reasonable opportunity of showing cause within such time as may be prescribed by
bye-laws made in this behalf as to why the order should not be made:
Provided further that the owner of the premises shall not acquire any right other than a right of user in
the property over, under, along or across which any such pipe or drain is placed or carried.
(2) Upon the making of an order, under sub-section (1), the owner of the premises may, after giving
reasonable notice of his intention so to do, enter upon the immovable property with assistants and
workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under,
along or across such immovable property or for the purpose of repairing the same.
(3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done
to the immovable property and the owner of the premises shall—
(a) cause the pipe or drain to be placed or carried with the least practicable delay;
(b) fill in, re-instate and make good at his own cost and with the least practicable delay, any land
opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and
(c) pay compensation to the owner of the immovable property and to any other person who
sustains damage by reason of the placing or carrying of such pipe or drain.
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(4) If the owner of the immovable property, over, under, along or across which a pipe or drain has
been placed or carried under this section whilst such immovable property was not built upon, desires to
erect any building on such property, the Chief Executive Officer, shall, by notice in writing, require the
owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by
him and to fill in, re-instate and make good the immovable property as if the pipe or drain had not been
placed or carried over, under, along or across the same:
Provided that no such requisition shall be made unless in the opinion of the Chief Executive Officer it
is necessary or expedient for the construction of proposed building or the safe enjoyment thereof that the
pipe or drain should be closed, removed or diverted.
225. Power to require railway level, etc., to be raised or lowered.—If the Board places or carries
any pipe or drain or does any other work connected with the water supply or drainage across any railway
line, it may, with the sanction of the Central Government and at the cost of the cantonment fund, require
the railway administration to raise or lower the level thereof.
226. Power to execute work after giving notice to the person liable.—(1) When under the
provisions of this Chapter, any person may be required or is liable to execute any work, the Chief
Executive Officer may, in accordance with the provisions of this Act and of any bye-laws made in this
behalf, cause such work to be executed after giving such person an opportunity of executing the same
within such time as may be specified by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Chief Executive Officer in the execution of
any such work shall be payable by the said person and the expenses incurred by the Chief Executive
Officer in connection with the maintenance of such work or the enjoyment of amenities and conveniences
rendered possible by such work shall be payable by the person or persons enjoying such amenities and
conveniences.
(3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable
there for as an arrears of tax under this Act.
227. Power to affix shafts, etc., for ventilation of drain or cesspool.—For the purpose of
ventilating any drain or cesspool, whether vested in the Board or not, the Chief Executive Officer may, in
accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any
building or to any tree any such shaft or pipe as may appear to him to be necessary.
228. Power to examine and test drains, etc., believed to be defective.—(1) Where it appears to the
Chief Executive Officer that there are reasonable grounds for believing that a private drain or cesspool is
in such condition as to be prejudicial to health or a nuisance or that a private drain communicating
directly or indirectly with a cantonment drain is so defective as to admit sub soil water, he may examine
its condition, and for that purpose may apply any test, other than a test by water under pressure, and if he
deems it necessary, open the ground.
(2) If on examination the drain or cesspool is found to be in proper condition, the Chief Executive
Officer shall, as soon as possible, re-instate any ground which has been opened by him and make good
any damage done by him.
229. Bulk delivery of sewage by the Board.—(1) The Board shall deliver in bulk all the sewage to,
the authority prescribed by the Central Government or the State Government, subject to such charges for
the delivery of sewage of the area of cantonment as may be determined by means of an agreement entered
into between that other authority and the Board.
(2) The agreement mentioned in sub-section (1) shall provide also for a stipulation therein that in case
of any dispute about the payments to be made to that other authority by the Board, the matter shall be
referred to the Central Government whose decision thereon shall be final and binding on both parties.
230. Employment of Government agencies for repair, etc.—The Central Government may, for
reason to be recorded, direct that any specified work, repair, renewal or replacement which is to be
undertaken by or for the Board under this Chapter, shall be carried out on behalf of the Board by the
Central Government and the Board shall pay the charges there for at the rates and subject to the terms for
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the time being applicable in the case of works constructed by that Government on behalf of a local
authority.
231. Works to be done by licensed plumber.—(1) No person other than a licensed plumber shall
execute any work described in this Chapter and no person shall permit any such work to be executed
except by a licensed plumber:
Provided that if, in the opinion of the Chief Executive Officer, the work is of a trivial nature, he may
grant permission in writing for the execution of such work by a person other than a licensed lumber.
(2) Every person who employs a licensed plumber to execute any work shall, when so required,
furnish to the Chief Executive Officer the name of such plumber.
(3) When any work is executed except in accordance with the provisions of sub-section (1), such
work shall be liable to be dismantled at the discretion of the Chief Executive Officer without prejudice to
the right of the Board to prosecute under this Act the person at whose instance such work has been
executed.
(4) The Board may make bye-laws for the guidance of licensed plumbers and a copy of all such
bye-laws shall be attached to every licence granted to a plumber by the Board.
(5) The Board may, from time to time, prescribe the charges to be paid to licensed plumber for any
work done by them under or for any of the purposes of this Chapter.
(6) No licensed plumber shall, for any work referred to in sub-section (5), demand or receive more
than the charges prescribed there for, under that sub-section.
(7) The Board shall make bye-laws providing for—
(a) the exercise of adequate control on all licensed plumbers;
(b) the inspection of all works carried out by them; and
(c) the hearing and disposal of complaints made by the owners or occupiers of premises with
regard to the quality of work done, material used, delay in execution of work, and the charges made,
by a licensed plumber.
(8) No licensed plumber shall contravene any of the bye-laws made under this section or execute
carelessly or negligently any work under this Act or make use of bad materials, appliances or fittings.
(9) If any licensed plumber contravenes sub-section (8), his licence may be suspended or cancelled
whether he is prosecuted under this Act or not.
232. Prohibition of certain acts.—(1) No person shall—
(a) wilfully obstruct any person acting under the authority of the Board, or the Chief Executive
Officer, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the
ground for the purpose of setting out lines of such work, or deface or destroy any works made for the
same purpose; or
(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with
any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Board; or
(c) unlawfully obstruct the flow of or flush, draw off, or divert, or take water from any water
work belonging to the Board; or
(d) unlawfully obstruct the flow of or flush, draw off, or divert, or take sewage from any sewage
work belonging to the Board or break or damage any electrical transmission line maintained by the
Board; or
(e) obstruct any officer or other employee of the Board in the discharge of his duties under this
Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any
entry, inspection, examination or inquiry thereunder in relation to any water or sewage work; or
(f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or
throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather
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or the skin of any animal, or cause the water of any sink, or drain or any steam-engine or boiler or any
polluted water to turn or be brought into any water work, or do any other act whereby the water in any
water work is fouled or likely to be fouled.
(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on
the service pipe supplying water to his premises so long as he has obtained the consent of any other
consumer whose supply will be affected thereby.