Repeal and saving — RULES, REGULATIONS AND BYE-LAWS

71 · Repeal and saving .. _____________________ _ _J / THE KERALA WATER SUPPLY AND SEWERAGE ACT, 1986 * · . (AcT 14 OF 1986) An A.ct to provide for the establishment oj .111 autonomous authority for the development and T6gulati~ of water. supply and Wttsle water collection and disposal in the State of Kerala anp [o1 mallets connected therewith Preamble .-WHEREAS it is considered necessary to provide. for the establishment of an autonomous authm ity fm the development and regulation of water supply and waste water collectiOn and d1sposal in the State of Kerala and fo,· matters connected therewith · BE it enac;ted m the Thirty-seventh Year of the Republic of India as follows:- CHAPTER I PR~LIMINARY I . Short title, extent and commencement.-( I) TI11S Act may be called the Kcrala Water Supply and Sewerage Act, 1986. It extends to the whole of the State of Kerala It shall be deemed to have com_; into force on the 1st day of March, 1984 Difzmtions.-In this Act, unless the context otherwise requires,- ( I) "Authonty" means, the Kerala \Vater Authority constituted under section 3; , (ii) ··ce'>S-pool" mcludes a settlement tank or other tank to receive or dispose of foul matters from any·prem1se, ; (Iii) "Chairman" means the Chairman of the Authority ; (iv) "communicatlOii pipe" means any pipe or system of pipes, along with all fittings thereto, by means of which ""ater is supplied to any premises from the main, and Includes a connectwn pipe, service p1pe, tneter or other fittings ; (v) "connection ptpe" means any water ptpe from a ferrule to stopcock connecting the distribution wtth the service pipe ; (vi) "consumer" means any person gettmg the benefit of any water supply or .waste water scrv1ce from the Authonty ; · RecetVed the assent of the Prestdcnt on the 4th ch.y of August 1986 and pubh ,!Jed in the Kerala Gazette Extrao.t'd in? ry No. 736 · dateu ,\ugust, 1,986 \ (vii) "domestic sewage" weans waste water from any r('sidence, boarding or lodging-hou~e, hostel, hotel, publtc place, office or any such establishment as is not a part of ..1ny trade or m mdu~try, <~.nd arising out of per· sonal ,md Jlormal human activities such as drmking, bathing, ablu>ion, washing and cooking : ' (viii) "drain" every part of any conJuit laid through, under or a way or l<lnd whether public or private by or at the expense of the owner or occupier of any premises for the carnage therefrom of any waste water to any sewer ; ( 1x) "ferrule" means a ferrule connecting the connectiOn pip~ with the main ; (x) "fire hydrant" means hydrant filled on the water main other than the trunk main for affordmg ~upply of water for extmguishing any fire; (xi) ''local area" means the area falling w1thm the jurisdiction of a local body; (x1i) "local body" me<~.ns a a c1ty corporation, a municipal council, a township or a panchayat . . (xii1) "main" means a p1pe la1d by the Authonty for the purpose of giving a g<.>neral supply of water as distinct from a supply to an md1VIdual ccmsumer, <~.nd mcludes any <~.pparatus u used in connection with such a p1pe. (x1v) "Managin~ Director" means the Managing Director of the Authority ; (xv) means a ,nember of the Authority ; (xvi) "occupier", m relation to any premises, includes- ( a) .tny per~on for the time bcmg paying or Irable to pay r nt or any portiOn thereof to the owner in respect of ·those premises ; (b) the owner who 1~ m occupatiOn of the prem1ses . (c) a tem.nt of the pre m>es who is exempt from payment of rent; (d) <l. hcensec who IS in OCCupation of the preffil!>CS, (,.} any person who h<tblc to p::t.y damages to the owner m rc · pect of use and occupatiOn of the premtses ; ' . (xvn) ''owner", Ill relation to any premises, mr,am the pcr!>on who receives the rent of that premises or who would be entitkd to rec:-ive the rt'nt thereof 1f the premises were let, an(! mcludes,- (a) an agent or trustee who receives such nnt on acco mt of the owner; (b) <111 <1gent or trustee who receiVes the 1 ent of, or IS entrusted with the management of, any prem1ses devoted to rchg1ous or chantable purposes ; (c) .1 rece1 cr or man<1ger 4ppointed by auy cou1 t of tompetent jurisdiction to have the charge of, or to the nghts of an owner of the said premises; and (d) a mortgagee in possession ; ------- '( • I (xvlii) "premises" ·meam an>' land or buildmg and include9- (a) the garden, land and outhouses, II any, appertaining to a lJuilding or part of a buildmg, and (b) any fittmgs affixed to a budclillb or part of a builwng for mor6 btncficial enjoyment tht.:reof; · (xi:\) "P' es::ribed '' means p1 c' CI i bed by Iu]c ~ made under this Act; (xx) "pnvate street" means a.1y ro.ul, square, court, alley, passage or nding-p..tth wh1ch 1s n0t .t "pubhc ~trect", but does not mclucc a pathwav made by the owner ol r r remise~ on h1~ own land to secure access to or the convement usc of cueh premts cs , (xx1) "pubhc hydranl" means hydrant to the pub he withm a Joe a I a1 ea , meaut for ·upply of water (xx1i) "pubhc st1ect" means any strLct, road, squar~, court, ailey, passage or ndwg-path over which the public have a ri~ht of way, 1\hether a thoroughfare or not, r!nd inc 1 udes- (a) the road . .... ay OVLr any pubhc bndge or causeway; (b) the foot-wav att:'lchcd to any ~uch street, pubhc bridge or causeway , and (c) the drams attached t0 any ~uch s street, publi.-; hndge or causeway and the land, whether cove·cd or not by any pavement, veranda, or other :,tructure, whH:h hes on either ~1de o of the ro.LdWdV upto the bounclaries of the adjacent property, whether that property IS pnvate property or property bclongmg to the Government ; (xluii) "regulations" means regulations made by the Authority under thu Act ; · (xx1v) ''rules" means rules m.tde u ~elcr this Act ; (xxv) "set·vice p1pe . ., m ~ ~.lns any p1pe other than the connectiOn pipe beyond the stop-coc~ h hy m·:a:1s of wh1ch the w.tter 1 1~ ~Jpplied. t t.> ar.y premises; (xxvt) "sewage" means mght-sotl a:1d oth~r contents of a water dosets, latrme~, pt'tvtes, unnab, ces -pools "rdr uns and p po~luted water from sinks, bath-rooms, stables and other hke places and mcludes trade effluents; (xxv1i) "sewer" means a cL1sed cJn-iuit f ·r carryin,g sewage, offensive .· l latter, polluted water water or sub-soti ,N.ttct , (xxviii) "sewerag.;" .ncam a system 0f cullectwn of waste from a connnunity from Its houses, ustnutwns, and public the pumpmg, treatme,lt and disposal of such waste water, its effluent, gas and other end products , water places, s'udge, (xJtix) "S~ate" means the State of Kerala ; (xxx) "stop-cock" a stop-cock fitted at the end of a connectionptpe away from the mJ.m lor the purpose of swJI c clnn~~ off clnd re~ul..1.ting the water supply to auy prrmises , (xx·u) "street'' mea.1s a p:tvate stre..:t Jr a pubhc street ; (xxxii) "trade effiuent'' means any hqu1d cith::r with or without parti.cles of matters m.·mspcns10n therein, which Is wholly or in part produced or d·scha·ged m rlw coursc'ofany trd ie or industry, ~r.cludmg agriculture and hort1culrure, b·Jt dot·s n.ot mclude domestic sewage . (xx~~.111) "waste water" ~hall includl: domestic sewage, spent water and all \\a~te water let out from .my mdustncs or by any other source; (xxx1v) "wate1 connection" mducles- (a) a tank, cistern, hydrant, sta.nd-p1pe, mf'ter or tap, situated on any private P· operty .~rid c connected with a mam or other pipe belongmg to the Autllfmty ; · . (b) the water pipe c·~nnecting s such a tank, cistern, hydrant, standptpe, meter or tap With such rnam or p1pe, (xxxv) "water supply" means a system of providing water to a commumty for mectmg lls reqUire I· ent~ both dom~~t1c and non-domestic, but doe~ not mclude pt·ovidmg water for Irngation ourposes ; (xxxvt) ·'water works" Htcludes water channel (mcludmg stream Jake, spru1g, river or C·l·lal, well, p.1mp, ctstern, ·.vhether cov:!red or treatmellt units, <>luc ·,up ply mam, culvert, engine, wat!r-truck, hydrant5, s·a11d-p C'·nd.llt and oU(;h inery, )and, bUilding or o:her for s 1pplyi 1:; or useJ for supplying>./ atcr or for protcctJDgsources of water supply or for treatment of water. CHAPTER II ESTABLISHMENT-CONDUCT OF BUSINESS, FUNCTIONS AND POWERS OF THE AUTHORITY

Section 71