{ "schema_version": "qanun-law-text/1", "id": "punjab-code-a5554b517e1c7f85", "title": "PUNJAB WATER ACT 2019", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BzdUYlFvWmkBZw--", "version": null, "source_snapshot": "2026-08-06T17:01:26Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "0aa01309cb79e30ace54da1fc8b0b83da98e8b4965dfab83931ab9d31af80fc9", "source_sha256": "0aa01309cb79e30ace54da1fc8b0b83da98e8b4965dfab83931ab9d31af80fc9", "text_version_id": "law:punjab-code-a5554b517e1c7f85:sha256:0aa01309cb79e30ace54da1fc8b0b83da98e8b4965dfab83931ab9d31af80fc9", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB WATER ACT 2019 \r\n(XXI of 2019) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nPUNJAB WATER RESOURCES COMMISSION \r\n \r\n3. Punjab Water Resources Commission \r\n4. Power and duties of the Commission \r\n5. Working of the Commission \r\n6. Director General of the Commission \r\nCHAPTER III \r\nREGULATIONS OF WATER AND SEWERAGE SERVICES \r\n \r\n7. Punjab Water Services Regulatory Authority \r\n8. Duties and powers of the Authority \r\n9. Director General of the Authority \r\nCHAPTER IV \r\nWATER UNDERTAKERS AND SEWERAGE UNDERTAKERS \r\n \r\n10. Water Undertakers and Sewerage Undertakers \r\n11. Enforcement orders \r\n12. Register of undertakers \r\n13. Power to assign services \r\nCHAPTER V \r\nWATER SUPPLY \r\n \r\n14. Duties of water undertakers \r\n \r\n \r\n15. Duty to provide supplies for domestic purposes \r\n16 Supply of water for industrial purposes \r\n17. Duty to supply water for other public purposes \r\n18. Constancy and pressure of water supplies \r\n19. Quality and sufficiency of water supplies \r\n20. Power to require additional measures for ensuring quality of water \r\n21. Power to disconnect service pipes and cut off supplies \r\n22. Offence of supplying water unfit for human consumption \r\n23. Provision of water where piped supplies are insufficient or are \r\n unwholesome \r\n24. Permission to abstract water directly \r\n25. Offences of contaminating, wastage and misuse of water \r\n26. Prevention of contamination and waste etc \r\n27. Powers to prevent damage, contamination and waste etc \r\n28. Standards of wholesomeness of water \r\n29. Maps of water mains etc \r\nCHAPTER VI \r\nPROVISION OF SEWERAGE SERVICES \r\n \r\n30. Sewerage functions \r\n31. Standards of performance \r\n32. Supply of sewerage services for domestic purposes \r\n33. Performance of sewerage functions by local authorities etc \r\n34. Trade effluent \r\n35. Power to disconnect connection for trade effluent \r\n36. Permission to dispose of waste water or trade effluent directly \r\n37. Sewer maps \r\nCHAPTER VII \r\nCHARGING FOR SERVICES PROVIDED BY UNDERTAKERS \r\n \r\n \r\n \r\n38. Powers of the undertakers to charge \r\n39. Liability of occupiers etc. to pay charges \r\n40. Provisions relating to charging by volume \r\n41. Power of the Authority to modify charges \r\n42. Offence of tampering with meters etc \r\nCHAPTER VIII \r\nABSTRACTION AND DISPOSAL LICENSES \r\n \r\n43. Abstraction licenses \r\n44. Disposal licenses \r\n45. Terms and conditions of licenses \r\nCHAPTER IX \r\nWATER CONSERVATION DURING DROUGHTS \r\n \r\n46. Drought orders \r\n47. Offences with regard to drought orders \r\nCHAPTER X \r\nDUTIES WITH REGARD TO ENVIRONMENTAL AND RECREATIONAL \r\nPURPOSES \r\n \r\n48. Environmental and recreational duties \r\nCHAPTER XI \r\nCONTROLLED WATERS \r\n49. Controlled waters \r\n50. Offences relating to controlled waters etc \r\n51. Water protection zones \r\n52. Offences related to deposits and vegetation \r\nCHAPTER XII \r\nMISCELLANEOUS \r\n53. Power to investigate \r\n54. Prosecution of offences \r\n55. Amendments \r\n \r\n \r\n56. Rules \r\n57. Regulations \r\n58. Removal of difficulties \r\nFirst Schedule \r\n(see section 43) \r\n \r\nSecond Schedule \r\n(see section 44) \r\n \r\nThird Schedule \r\n(See section 54) \r\n \r\nFourth Schedule \r\n(see section 55) \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB WATER ACT 2019 \r\n(XXI of 2019) \r\n [13th December, 2019] \r\nAn \r\nAct \r\nto comprehensively manage and regulate water resources in the \r\nPunjab in the interest of conservation and sustainability. \r\nIt is expedient to provide for comprehensive management of all water resources in \r\nthe Punjab and to regulate their use in the interest of conservation and sustainability \r\nand matters connected with and ancillary thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .— (1) This Act may be cited as the \r\nPunjab Water Act, 2019. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.— In this Act, unless the context otherwise requires, the following \r\nexpressions shall have the meanings as respectively assigned to them: \r\n(a) “Act” means the Punjab Water Act, 2019; \r\n(b) “Authority” means the Punjab Water Services Regulatory Authority \r\nestablished under section 7 of the Act; \r\n(c) “authorized functionary” means a public servant authorized by the \r\nCommission for the purpose of section 17 or 28 of the Act; \r\n(d) “Commission” means the Punjab Water Resources Commission \r\nestablished under section 3 of the Act; \r\n(e) “company” means a company established under the Companies Act, \r\n2017 (Act XIX of 2017) or any other law for the time being in force; \r\n(f) “controlled waters” means the waters as defined in section 49 of the \r\nAct; \r\n(g) “Government” means the Government of the Punjab; \r\n(h) “local authority” means a: \r\n(i) land control authority established by law for the time being in \r\nforce to regulate or manage land use; \r\n \r\n1This Act was passed by Provincial Assembly of the Punjab on 20 November 2019; assented to by the Governor of the Punjab \r\non 10 December 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 13 December 2019, pp.2507-2529. \r\n \r\n \r\n(ii) a local government; or \r\n (iii) company set up by the Government to provide land related \r\nservices; \r\n(i) “local government” means a local government established under the \r\nPunjab Local Government Act, 2019 (XIII of 2019) or any other law for \r\nthe time being in force; \r\n(j) “meter” means any approved apparatus for measuring or showing the \r\nvolume of water supplied to, or of effluent discharged from any \r\npremises; \r\n(k) “person” includes an undertaker, an authority or a company; \r\n(l) “prescribed” means prescribed by the rules or the regulations made or \r\nframed under the Act; \r\n(m) “rules” means the rules made under the Act; \r\n(n) “regulations” means the regulations framed under the Act; \r\n(o) “technical assessor” means a person appointed as technical assessor \r\nunder section 53 of the Act; \r\n(p) “trade effluent” means the effluent from industrial premises as defined \r\nin section 34 of the Act; \r\n(q) “undertaker” means a provider of water or sewerage services or, as the \r\ncase may be, both services appointed under section 10 of the Act; and \r\n(r) “wholesome” in relation to water means a water which meets the \r\nstandards as laid down under section 28 of the Act. \r\nCHAPTER II \r\nPUNJAB WATER RESOURCES COMMISSION \r\n3. Punjab Wate r Resources Commission .— (1) As soon as may be , but not \r\nlater than six months of the comme ncement of th e Act, the Government shall \r\nestablish the Punjab Water Resources Commission to carry out functions assigned \r\nor transferred to it under the Act. \r\n(2) The Commission shall comprise the following: \r\n(a) Chief Minister Chairperson \r\n(b) Minister for Irrigation Punjab; Co-Chairperson \r\n(c) Minister for Environment Protection Punjab; Member \r\n(d) Minister for Housing, Urban Development and \r\nPublic Health Engineering Punjab; \r\nMember \r\n(e) Minister for Agriculture Punjab; Member \r\n(f) Minister for Industries, Commerce and Investment \r\nPunjab; \r\nMember \r\n(g) Minister for Local Government and Community \r\nDevelopment Punjab \r\nMember \r\n(h) Minister for Forestry, Wildlife and Fisheries Punjab; Member \r\n(i) Chief Secretary Punjab; Vice- Chairperson \r\n(j) Secretary to the Government, Irrigation Department; Member \r\n(k) Secretary to the Government Housing, Urban \r\nDevelopment and Public Health Engineering \r\nMember \r\n \r\n \r\nDepartment; \r\n(l) Secretary to the Government, Local Government \r\nand Community Development Department; \r\nMember \r\n(m) Secretary to the Government Environment \r\nProtection Department; \r\nMember \r\n(n) Secretary to the Government, Agriculture \r\nDepartment; \r\nMember \r\n(o) Secretary to the Government, Primary and \r\nSecondary Healthcare Department; \r\nMember \r\n(p) Secretary to the Government, Forestry, Wildlife and \r\nFisheries Department; \r\nMember \r\n(q) Secretary to the Government, Industries, \r\nCommerce and Investment Department; \r\nMember \r\n(r) Secretary to the Government, Finance Department; Member \r\n(s) two water quality experts to be appointed by the \r\nGovernment; \r\nMembers \r\n(t) one environmental expert to be appointed by the \r\nGovernment; \r\nMember \r\n(u) one public health expert to be appointed by the \r\nGovernment; and \r\nMember \r\n(v) Director General of the Commission; Member/Secretary \r\n \r\n(3) All expert members of the Commission shall be appointed in the \r\nprescribed manner. \r\n(4) Every member of the Commission shall attend the proceedings of the \r\nCommission in person. \r\n4. Power and duties of the Commission .— (1) It shall be the duty of the \r\nCommission to take all such actions as it may, from time to time, consider necessary \r\nor expedient for the purpose of: \r\n(a) conserving, redistributing or otherwise augmenting water \r\nresources in the Punjab; \r\n(b) allocating water resources for domestic, agricultural, ecological, \r\nindustrial or other purposes in different areas of the Punjab; and \r\n(c) of securing the proper use of water resources in the Punjab. \r\n(2) Nothing in this section shall be construed as relieving any water \r\nundertaker of the obligations to develop water resources for the purpose of any duty \r\nimposed on it by virtue of the Act. \r\n(3) Without any prejudice to the p rovisions of sub -section (1) above, t he \r\nCommission shall also: \r\n(a) maintain, improve and develop wildlife and fisheries in bodies of \r\nwater from which water is drawn or into which it is discharged; \r\n(b) establish an Advisory Committe e, having such composition as \r\nmay be prescribed, for advising it on maintenance and \r\ndevelopment of water resources, wildlife, fisheries, flora and \r\nfauna. \r\n(4). Subject to the Act and the rules, the Commission shall determine its \r\nown procedure. \r\n \r\n \r\n5. Working of the Commission.— (1) The Commission shall meet at least once \r\nevery six months. \r\n(2) The meetings of the Commission shall be chaired by the Chairperson \r\nand in his absence by the Co -Chairperson or the Vice Chairperson as the case may \r\nbe. \r\n(3) The Co mmission shall, on yearly basis, determine the allocation of \r\nwater for domestic, agricultural, industrial, ecological and other purposes. \r\n(4) The quorum for a meeting of the Commission shall be twelve members \r\nout of which at least three shall be the experts. \r\n6. Director General of the Commission .— (1) The Commission shall have a \r\nDirector General who shall be appointed in the prescribed manner. \r\n(2) The Director General shall be responsible for the due discharge of the \r\nfunctions of the Commission under this Act. \r\n(3) The Director General shall be assis ted in his work by such number of \r\nofficers and staff as the Government may, from time to time, determine. \r\nCHAPTER III \r\nREGULATIONS OF WATER AND SEWERAGE SERVICES \r\n7. Punjab Water Services Regulatory Authority.— (1) As soon as may be, but \r\nnot later than six m onths of the commencement of the Act, the Government shall \r\nestablish Punjab Water Services Regulatory Authority for the purposes of carrying \r\nout the functions conferred on it by th e Act or by any other law f or the time being in \r\nforce. \r\n(2) The Authority shall consist of the following: \r\n(a) Chief Secretary Punjab Chairperson \r\n(b) Secretary to the Government, Housing, Urban \r\nDevelopment and Public Health Engineering \r\nDepartment; \r\nMember \r\n(c) Secretary to the Government, Local Government \r\nand Community Development; \r\nMember \r\n(d) Secretary to the Government, Irrigation \r\nDepartment; \r\nMember \r\n(e) Secretary to the Government, Environment \r\nProtection Department; \r\nMember \r\n(f) Secretary to the Government, Industries, \r\nCommerce and Investment Department; \r\nMember \r\n(g) Secretary to the Government, Primar y and \r\nSecondary Healthcare Department; \r\nMember \r\n(h) a water quality expert; Member \r\n(i) a public health expert; and Member \r\n(j) Director General of the Authority Member/Secretary \r\n \r\n8. Duties and powers of the Authority.— (1) The Authority shall: \r\n \r\n \r\n(a) ensure that the undertakers discharge their duties and perform \r\ntheir functions in accordance with th e Act or any other law for \r\nthe time being in force; \r\n(b) revise tariffs set by water and sewerage undertakers, if deemed \r\nnecessary, as per the prescribed procedure. \r\n(2) The Authorit y shall exercise powers and perform duties mentioned in \r\nsubsection (1) in a well calculated manner which may be prescribed: \r\n(a) to further the consumer objective; \r\n(b) to ensure that the functio ns of water undertaker and of a \r\nsewerage undertaker are properly carried out; \r\n(c) to secure that bodies or companies holding appointments as \r\nwater undertaker or sewerage undertaker are able to finance the \r\nproper carrying out of water and sewerage services unde r this \r\nAct; and \r\n(d) to ensure that the activities authorized under the license of water \r\nabstraction or license of water disposal are properly carried out \r\nin addition to any other duty imposed for the said purposes \r\nunder any other law for the time being in force. \r\n(3) For the purpose of clause (a) of subsection (2), the Authority s hall have \r\nregard to the interests of among other persons: \r\n(a) those who are disabled or chronically sick or of an old age; \r\n(b) those with low incomes; \r\n(c) those residing in rural areas; and \r\n(d) customers of companies, holding an appointment of undertaker, \r\nwhose premises are not eligible to be supplied by a licensed \r\nwater supplier. \r\n (4) Subject to subsection (2), the Authority shall exercise powers and \r\nperform duties mentioned in subsection (1) ) in a w ell calculated manner which may \r\nbe prescribed to: \r\n(a) promote economy and e fficiency on the part of bodies or \r\ncompanies holding an appointment as an undertaker; \r\n(b) secure that no undue preference is shown, and that there is no \r\nundue discrimination in the fixing, by such companies, of water \r\nand drainage charges; \r\n(c) ensure that the inter ests of every person who is a customer or , \r\nas the case may be, potential customer are protected as \r\nrespects the fixing and recovery by that undertaker of: \r\n(i) charges in respect of any services provided in the course \r\nof carrying out functions of an undertaker; and \r\n(ii) amounts of any other description which such an \r\nundertaker is authorized by or under any law to require \r\nsuch person to pay; and \r\n \r\n \r\n(d) to ensure that the interests of every such person are protected \r\nas respects the other terms on which any services are prov ided \r\nand as respects the quality of those services. \r\n9. Director General of the Authority .— (1) The Authority shall have a Director \r\nGeneral who shall be appointed in the prescribed manner. \r\n(2) The Director General shall be responsible for the due discharge of the \r\nwork of the Authority. \r\n(3) The Director General shall be assisted in his work by such number of \r\nofficers and staff as the Government may, from time to time, determine. \r\nCHAPTER IV \r\nWATER UNDERTAKERS AND SEWERAGE UNDERTAKERS \r\n10. Water Undertakers and S ewerage Undertakers .— (1) The Commission \r\nmay appoint a company, a local government or a statutory authority to be the water \r\nundertaker or sewerage undertaker for any area. \r\n(2) Where the Commission appoints a company or a statutory authority, \r\nnot under the control of the relevant local government, to be an undertaker for any \r\narea, it shall obtain prior permission from the relevant local government. \r\n(3) Subject to the provisions of sub-section (4) below, the appointment of a \r\ncompany, local government or a st atutory authority to be a n undertaker shall be by \r\nan instrument in writing containing the appointment, including the terms and \r\nconditions thereof, and describing the area for which it is made: \r\n(4) No company, local government or statutory authority shall be appointed \r\nas an undertaker beyond the area in which it may by law operate. \r\n11. Enforcement orders .— (1) Where in the case of any undertaker, the \r\nAuthority is satisfied that: \r\n(a) such undertaker is contravening any condition of its appointment \r\nor any statutor y requirement which is enforceable, and in \r\nrelation to which it is the enforcement authority; or \r\n(b) such undertaker has contravened any such condition or \r\nrequirement and there is an apprehension that such undertaker \r\nmay repeat the contravention, \r\nthe Authority shall by a provisional order make such provision s as may be \r\nrequired for the purpose of securing compliance with that condition or requirement. \r\n(2) Where an order has been passed under subsection (1), and i ts \r\nnoncompliance is likely to have a serious impa ct on the provision of water or \r\nsewerage services including impact on health and hygiene of the public, the \r\nAuthority shall inform the Government of such order and the consequences of its \r\nnon-compliance. \r\n(3) Before making a final order or confirming a prov isional order, the \r\nAuthority shall give a notice to the undertaker: \r\n(a) stating that it proposes to make a final order or confirm the \r\nprovisional order and setting out the effect of the order; and \r\n \r\n \r\n(b) setting out: \r\n(i) the conditions or requirements for the purpose of \r\nsecuring compliance of such order; \r\n(ii) the acts of omission or commission which in its opinion \r\nconstitute or would constitute contravention of such \r\nconditions or requirements; and \r\n(iii) any other fact which in its o pinion justify the passing of \r\nsuch order. \r\n(4) A final or provisional order: \r\n(a) shall require the undertaker, to which it relates, to do or not to do \r\nsuch things as are specified in the order; \r\n(b) shall take effect at such time, being the earliest practicable tim e, \r\nas is determined by or under the order; and \r\n(c) may be revoked or modified by the Authority or the Government. \r\n(5) The obligation to undertaker with a final or provisional order shall be a \r\nduty owed both to the Authority as well as to any person who may be affected by the \r\ncontravention of such order. \r\n12. Register of undertakers .— The Authority shall, in the prescribed manner, \r\nmaintain in paper as well as in electronic form, a register of the following information: \r\n(a) every appointment made under this Chapter; \r\n(b) every termination of any such appointment; \r\n(c) every v ariation of the area for which any undertaker holds any such \r\nappointment; \r\n(d) the conditions of any appointment; \r\n(e) enforcement orders; \r\n(f) every undertaking given to and accepted by the Authority or the \r\nGovernment; and \r\n(g) details of abstraction licenses or disposal lic enses granted to water \r\nundertakers and sewerage undertakers by the Commission. \r\n13. Power to assign services.— (1) Subject to the provisions of subsection (2) \r\nbelow, an undertaker may assign water or sewerage or, as the case may be, both \r\nservices to a comp any registered for the purpose of provision of water or sewerage \r\nservices or a local authority, temporarily or for a specified period, by way of a written \r\nagreement executed with the Authority. \r\n(2) An undertaker shall obtain prior permiss ion of the Authori ty and the \r\nrelevant local government before making an assignment where the undertaker is not \r\nthe local government itself. \r\n(3) An assignee shall act on behalf of the undertaker, and the undertaker \r\nshall continue to be responsible for the d ue discharge of services in accordance with \r\nthe provisions of the Act. \r\n \r\n \r\n(4) Notwithstanding anything contained in the written agreement, the \r\nAuthority may require the undertaker to perform the services directly where it \r\ndetermines that the assignee is like ly to fail or has failed to act according to the \r\nprovisions of the Act. \r\nCHAPTER V \r\nWATER SUPPLY \r\n14. Duties of water undertakers.— (1) Every water undertaker shall develop and \r\nmaintain an efficient and economical system of water supply within its area and t o \r\nensure that all such arrangements have been made for: \r\n(a) providing supplies of water to premises in that area and for \r\nmaking such supplies available to persons who demand them; \r\nand \r\n(b) for maintaining, improving and extending the water mains and \r\nother pipes. \r\n(2) The Commission may, by regulations, prescribe such standards of \r\nperformance in connection with the provision of water as in its opinion ought to be \r\nachieved, and such regulations may provide that if a water undertaker fails to meet a \r\nprescribed standard it shall pay such amount, as may be prescribed, to any person \r\nwho is affected by the failure. \r\n \r\n15. Duty to provide supplies for domestic purposes .— (1) Every water \r\nundertaker shall provide a water main to be used for supplies of water to a premises \r\nin a particular locality in its area, if the water undertaker is required to provide such \r\nwater main, by a notice, served upon the water undertaker by one or more persons \r\nwho are entitled under subsection (2) to receive water supply through such mains. \r\n(2) The following persons shall be entitled to require the provision of water \r\nsupply under subsection (1): \r\n(a) the owner of premises approved by the local authority; \r\n(b) a housing society duly approved by the local authority; \r\n(c) the concerned local government; or \r\n(d) any other person as specified by the regulations. \r\n(3) The water undertaker shall not be in breach of his obligations under \r\nsubsection (1) if the applicant does not provide an un dertaking to pay, to the water \r\nundertaker, costs reasonably incurred in providing the main over a prescribed p eriod \r\nof time. \r\n(4) Any dispute between a water undertaker and any other person \r\nregarding costs to be paid shall be referred to the arbitration of a single arbitrator by \r\nagreement between the water undertaker and that person and in default of such \r\nagreement the dispute shall be finally and conclusively decided by the Authority. \r\n16. Supply of water for industrial purposes.— (1) Every water undertaker shall \r\nprovide a water main to be used for providing supplies of water to duly approved \r\nindustrial premises in a particular locality if the water undertaker is required to \r\n \r\n \r\nprovide the main, by a notice, served upon the water undertaker by one or more \r\npersons who are entitled under subsection (2) to get water supply through the mains. \r\n(2) The following persons shall be entitled to require the provision of water \r\nunder subsection (1): \r\n(a) the owner of an industrial premises duly approved by the local \r\nauthority; \r\n(b) an industrial estate established by the Government; and \r\n(c) the relevant local government. \r\n(3) A water u ndertaker shall not be required by virtue of this section to \r\nprovide a new supply to industrial premises if: \r\n(a) the supply of water requires him to incur unreasonable \r\nexpenditure in carrying out works; \r\n(b) it puts at risk the ability of the water undertaker to meet any of its \r\nexisting or probable future obligations to supply water for \r\ndomestic or other purposes; \r\n(c) there is a contravention in relation to the water fittings used or to \r\nbe used in connection with the supply of water to those \r\npremises or with the use of water in those premises; and \r\n(d) if arrangements of industrial premises for disposal of waste \r\nwater or t rade effluent from such premises are not in \r\naccordance with the provisions of this Act or the regulations \r\nmade thereunder. \r\n(4) The water und ertaker shall not be in breach of his obligations under \r\nsubsection (1) if the applicant does not provide an undertak ing to pay, to the water \r\nundertaker, costs reasonably incurred in providing the main over a prescribed period \r\nof time. \r\n(5) Any dispute betwe en a water undertaker and any other person \r\nregarding costs to be paid shall be referred to the arbitration of a sing le arbitrator by \r\nagreement between the water undertaker and that person, and in default of such \r\nagreement by the Authority. \r\n17. Duty to sup ply water for other public purposes .— (1) A water undertaker \r\nshall, at the request of a sewerage undertaker, local a uthority, an authorized \r\nfunctionary or the Authority, provide for such of its pipes as are of an appropriate \r\ncapacity to supply water for cl eansing sewers and drains, for cleansing and watering \r\nhighways, for supplying any public pumps, baths or wash houses , for maintaining \r\nparks and green areas and for such other public purposes as may be necessary. \r\n(2) A supply of water provided by a water un dertaker under this section \r\nshall be provided upon such terms as may be reasonable. \r\n(3) The obligations of a water u ndertaker under this section shall be \r\nenforceable through an enforcement order under section 11 of the Act. \r\n18. Constancy and pressure of wa ter supplies .— (1) It shall be the duty of \r\nevery water undertaker to cause the water in such of its water mains and other \r\npipes, which are used for providing supplies of water for domestic purposes, to be \r\n \r\n \r\nrun with such constancy and at such pressure as sha ll be required to maintain its \r\nwholesomeness or to cause it to reach such height as may be required by the \r\nAuthority. \r\n(2) Nothing in subsection (1) shall impose any duty on a water undertaker \r\nto maintain the constancy or pressure of any supply of water dur ing any period \r\nduring which it is reasonable for that supply to be cut off or get reduced for the \r\npurposes of the carrying out any necessary works. \r\n(3) The obligations of a water undertaker under this section shall be \r\nenforceable under section 11 of the Act. \r\n(4) Where a water undertaker is in breach of a duty under this section, the \r\nwater undertaker shall be guilty of an offence and liable, upon conviction, to a fine \r\nwhich may extend to rupees five hundred thousand. \r\n(5) In any proceedings against any water undertaker for an offence under \r\nsubsection (4), it shall be a defence for that undertaker to show that it took all \r\nreasonable steps and exercised all due diligence to avoid the commission of the \r\noffence. \r\n19. Quality and sufficiency of water supplies .— (1) It shall be the duty of a \r\nwater undertaker that: \r\n(a) while supplying water to any premises for domestic purposes to \r\nsupply only water which is wholesome at the time of supply; and \r\n(b) so far as reasonably practicable, to ensure, in relation to each \r\nsource or combination of sources from which it supplies water to \r\npremises for domestic purposes, that there is in general no \r\ndeterioration in the quality of water. \r\n(2) For the purposes of this section, water supplied by a water undertaker \r\nto any premises shall not be regarded as unwholesome at the time of supply where it \r\nhas ceased to be wholesome only after leaving the pipes laid and maintained by the \r\nwater undertaker. \r\n(3) The obligations of a water undertaker under this section shall be \r\nenforceable under section 11 of the Act. \r\n(4) Where a water undertaker is in breach of a duty under this section, the \r\nwater undertaker shall be guilty of an offence and liable, upon conviction, to a fine \r\nwhich may extend to rupees five hundred thousand. \r\n20. Power to require additional measures for ensuring quality of water.— (1) \r\nThe Commission may, by regulations, require a water undertaker to take all \r\nnecessary steps for securing compliance with section 19 of the Act. \r\n(2) Without any prejudice to the generality of the powers conferred under \r\nsubsection (1), the Commission may impose an obligation on a water undertaker to: \r\n(a) take all necessary steps for monitoring and recording whether \r\nthe water which that water undertaker supplies to premises for \r\ndomestic purposes is wholesome at the time of supply; \r\n(b) take all necessary steps for monitoring and reco rding the quality \r\nof water from any source, or combination of sources which that \r\n \r\n \r\nwater undertaker uses or is proposing to use for supplying water \r\nto any premises for domestic purposes; \r\n(c) ensure that a source whi ch that water undertaker is using or is \r\nproposing to use for supplying water for domestic purposes is \r\nnot so used until all requirements for establishing the quality of \r\nwater which may be supplied from that source have been \r\ncomplied with; \r\n(d) keep records of localities within which all premises supplied w ith \r\nwater for domestic purposes by that water undertaker are \r\nnormally supplied from the same source or combination of \r\nsources; and \r\n(e) analyze water samples and to put in place internal \r\narrangements in this respect and report such analysis. \r\n21. Power to discon nect service pipes and cut off supplies .— (1) Subject to \r\nthe provisions of this section, a water undertaker may disconnect a service pipe, \r\nwhich, for the purposes of providing supply of water to any premises, i s connected \r\nwith any water main of that water undertaker or may otherwise cut off a supply of \r\nwater to any premises if: \r\n(a) it is reasonable for the disconnection to be made or the supply \r\nof water be cut off for the purposes of carrying out any \r\nnecessary works; \r\n(b) the occupier of the premises is liable to pa y charges, due to the \r\nwater undertaker, in respect of the supply of water to such \r\npremises and has failed to pay such charges within a period of \r\nfifteen days of service of the notice requiring him to pay such \r\ncharges; or \r\n(c) the occupier of the premises is fou nd liable for willful waste of \r\nwater and has failed to adopt remedial measures to rectify the \r\nprevailing situation with respect to waste of water within a period \r\nof ten days beginning with the day after he is s erved with the \r\nnotice requiring him to correct such situation. \r\n(2) Where a water undertaker exercises its power by virtue of clause (a) of \r\nsub-section (1), and effects a disconnection for the purpose of carrying out any \r\nnecessary works, it shall owe a duty to the occupier of the premises to ensure: \r\n(a) that such necessary works are carried out with reasonable \r\ndispatch; and \r\n(b) that, only after an emergency water supply has been made \r\navailable, whether or not through pipes, for domestic purposes, \r\nand any supply of water to such premises is not interrupte d for \r\nmore than twenty-four hours for the purpose of carrying out of \r\nthose necessary works. \r\n(3) Where a water undertaker has served a notice under clause (b) of \r\nsubsection (1) on a person, who within the period of fi fteen days of the receipt of \r\nsuch notice, furnishes a reply to such notice disputing his liability to pay the charges \r\ndemanded, the water undertaker shall not exercise its power to disconnect the water \r\n \r\n \r\nsupply unless so authorized by the Authority after det ermination of liability or by \r\norder of a court. \r\n(4) Where a water undertaker has cut off supply of water under subsection \r\n(1)(c), it shall restore such supply upon an undertaking by the occupier of the \r\npremises that he was not involved in willful waste of wate r or, as the case may be, \r\nhe shall not indulge in willful waste of water in future. \r\n(5) Before restoring a supply under subsection (4), t he water undertaker \r\nmay, after giving him a reasonable notice, make an inspection of the premises of the \r\noccupier to assur e that sufficient remedial measures have bee n taken to prevent \r\nwaste of water. \r\n(6) If a water undertaker disconnects a service pipe or otherwise cuts off \r\nsupply of water to any premises in a case in which it has no power to do so under \r\nthis section or fails to connect such service pipe or restore such supply, it shall be \r\nguilty of an offence and liable, upon conviction, to a fine which may extend to rupees \r\none hundred thousand. \r\n22. Offence of supplying water unfit for human consumption .— (1) Subject to \r\nsubsection (2), where a water undertaker supplies water by means of pipes to any \r\npremises and that water is unfit for human consumption, the water undertaker shall \r\nbe guilty of an offence and liable, upon conviction, to a fine which may extend to \r\nrupees five hundred thousand. \r\n(2) Where a person a uthorized to stop a supply of water finds that the \r\nsupply is unfit for human consumption and continues to authorize supply of such \r\nunfit water, the person shall be guilty of an offence and liable, upon conviction, to a \r\nfine which may extend to rupees fifty thousand or imprisonment which may extend to \r\nthree months or both. \r\n(3) In any proceedings against a water undertaker for an offence under \r\nthis section, it shall be a defense for that undertaker to show that it: \r\n(a) had no reasonable grounds for suspecting tha t the water was to \r\nbe used for human consumption; and \r\n(b) took all reasonable steps and exercised all due diligence in \r\nsecuring that the water was fit for human consumption on \r\nleaving its pipes or was not used for human consumption. \r\n23. Provision of water wher e piped supplies are insufficient or are \r\nunwholesome.— (1) Where: \r\n(a) it is not practicable, at reasonable cost, for a water undertaker to \r\nprovide wholesome water in pipes or to maintain such a supply \r\nof wholesome water, to a ny particular premises in its area as is \r\nsufficient for domestic purposes; \r\n(b) it is practicable, at reasonable cost, for the water undertaker to \r\nprovide such a supply of wholesome water for domestic \r\npurposes to those premises otherwise than in pipes; \r\n(c) the insufficiency or unwholesomeness of the supply of water for \r\ndomestic purposes is such as to cause a danger to life or health; \r\nand \r\n \r\n \r\n(d) the local authority in whose area those premises are situated \r\nnotify the water undertaker of that danger and require the water \r\nundertaker to provide a supply otherwise than in pipes; \r\nit shall be the duty of the water undertaker, for such period as may be \r\nrequired by the local authority and where it is practicable at reasonable cost, to \r\nprovide water otherwise than in pipes. \r\n(2) In t his section, reference to the provision of a supply of water to any \r\npremises otherwise than in pipes shall have effect, in a case in which it is practicable \r\nfor the water undertaker to provide a supply of water, whether or not in pipes, at \r\nreasonable cost, to a place w ithin a reasonable distance of those premises, as \r\nincluding reference to the provision of a supply of water to those premises. \r\n24. Permission to abstract water directly.— (1) Where: \r\n(a) it is not practicable, at reasonable cost, for a water undert aker to \r\nsupply water in pipes; \r\n(b) ground water is not unwholesome such as to cause any danger \r\nto life or health of a person; \r\nthe water undertaker may allow a person, through a sub -license, to \r\nabstract water from within his premises or from an area in close p roximity thereof for \r\nhis domestic purposes only. \r\n(2) A sub -license issued under subsection (1) shall be granted in \r\naccordance with any conditions that the Commission may impose on such sub -\r\nlicenses specifically or generally. \r\n(3) Water abstracted under a su b-license under subsection (1), shall form \r\npart of the overall abstraction limit granted to a water undertaker under an \r\nabstraction license issued by the Commission. \r\n25. Offences of contaminating, wastage and misuse of water .— (1) If any \r\nperson who is the owner or occupier of any premises to which a supply of water is \r\nprovided by a water undertaker, intentionally or negligently, causes or suffers any \r\nwater fitting for which he is responsible to be or remain so out of order, so in need of \r\nrepair or so constructed or adapted or to be used: \r\n(a) that water in a water main or other pipes of a water undertaker \r\nor in a pipe connected with such water main or pipe, is or is \r\nlikely to be contaminated by the return of any substance from \r\nthose premises to that main or pipe; \r\n(b) that water that has been supplied by the water undertaker to \r\nthose premises is or is likely to be contaminated before it is \r\nused; or \r\n(c) that water so supplied is or is likely to be wasted, or having \r\nregard to the purposes for which it is supplied, misused or \r\nunduly consumed; \r\nthat person shall be guilty of an offence and liable, upon conviction, to \r\na fine not exceeding rupees one hundred thousand. \r\n \r\n \r\n(2) Any person who uses any water supplied to any premises by a water \r\nundertaker for a purpose other than the one for which it is supplied shall, unless the \r\nother purpose is the extinguishment of fire, be guilty of an offence and liable, upon \r\nconviction, to a fine not exceeding rupees two hundred thousand. \r\n26. Prevention of contamination and waste etc.— (1) The Commission may, by \r\nregulations, make such provisions as it considers appropriate for any of the following \r\npurposes: \r\n(a) securing that water in a water main or other pipes of a water \r\nundertaker is not contaminated, and that its quality and \r\nsuitability for particular purposes is not prejudiced, by the return \r\nof any substance from any premises to that main or pipe; \r\n(b) preventing the wastage, undue consumption and misuse of any \r\nwater at any time after it has left the pipes of a water undertaker \r\nfor the purpose of being supp lied b y that water undertaker to \r\nany premises; and \r\n(c) securing that water fittings installed and used by persons to \r\nwhom water is or is to be supplied by a water undertaker are \r\nsafe, minimize wastage and do not cause or contribute to \r\nerroneous measurement of any wa ter or the reverberation of \r\nany pipes. \r\n(2) Without prejudice to the generality of the power contained in \r\nsubsection (1), regulations made under this section may also make provision for the \r\nfollowing matters: \r\n(a) forbidding installation, connection or use of pipe related fittings if \r\nthey have not been approved under the regulations or if they \r\ncontravene the regulations; \r\n(b) requiring the fittings for the purpose of provision made by virtue \r\nof sub section (2)(a) to be of such a size, nature, strength or \r\nworkmanship, to be made of such materials or in such a manner \r\nor to conform to such standards as may be prescribed or \r\napproved under the regulations; \r\n(c) imposing such other requirements as may be prescribed with \r\nrespect to the installation, arrangement, connection, testing, \r\ndisconnection, alteration and repair of the fittings and with \r\nrespect to the materials used in their manufacture; \r\n(d) according, refusing and revoking, by authorized persons, of the \r\napprovals required for the purposes of regulations; and \r\n(e) such approva ls and revocations as capable of being made \r\nunder the Act. \r\n(3) Without any prejudice to the provisions of sub section (1) and (2), \r\nabove, the regulations under this section may also: \r\n(a) impose separate or concurrent duties with respect to the \r\nenforcement of regulations; \r\n \r\n \r\n(b) confer powers on a water undertaker or a local authority to carry \r\nout works and take other steps, in prescribed circumstances, for \r\nremedying any contravention of the regulations; \r\n(c) provide for the recovery by a water undertaker or local authorit y \r\nof expenses reasonably incurred by the water undertaker or \r\nlocal authority in the exercise of any powers conferred under \r\nsub section (3) (b) above; \r\n(d) provide that contravention of a regulations shall constitute an \r\noffence punishable with fine not exceeding rupees one hundred \r\nthousand or any other smaller sum; \r\n(e) require the disputes arising because of application of a \r\nregulation be referred to arbitration in suitable cases; and \r\n(f) provide for a right of appeal in appropriate cases. \r\n27. Powers to prevent damage , contamination and waste etc .— (1) Without \r\nprejudice to any power conferred upon the water undertaker by regulations made \r\nunder section 20 of the Act, where a water undertaker providing a supply of water to \r\nany premises, has reason to believe that: \r\n(a) the dam age to person or property is being or is likely to be \r\ncaused by any damage to, or defect in, any water fitting used in \r\nconnection with the supply of water to those premises which is \r\nnot a service pipe belonging to the water undertaker; \r\n(b) the water in a water main or other pipe of the water undertaker \r\nis being or is likely to be contaminated by the return of any \r\nsubstance from those premises to that main or pipe; \r\n(c) the water which is in any pipe connected with any such main or \r\nother pipe or which has be en supplied by the water undertaker \r\nto those premises is being or is likely to be contaminated before \r\nit is used; or \r\n(d) the water which has been or is to be so supplied is being or is \r\nlikely to be wasted or, having regard to the purposes for which it \r\nis supplied, misused or unduly consumed; the water undertaker \r\nmay exercise the power conferred upon it by subsection (2) in \r\nrelation to such premises. \r\n(2) The powers of the undertaker in relation to subsection (1) are: \r\n(a) where the case constitutes an emergency, po wer to disconnect \r\nthe service pipe or otherwise to cut off the supply of water to \r\nthose premises; and \r\n(b) in any other case, power to serve notice on the occupier of the \r\npremises requiring him to take such steps as may be specified in \r\nthe notice as necessary t o secur e the system of the water \r\nundertaker and that damage, contamination, wastage, misuse or \r\nundue consumption ceases or, as the case may be, does not \r\noccur. \r\n \r\n \r\n(3) Where a water undertaker, in exercise of the power conferred under \r\nclause (a) of subsection (2), disconnects a service pipe to any premises or otherwise \r\ncuts off any supply of water to any premises, the water undertaker shall, as soon as \r\nreasonably practicable after the supply is disconnected or cut off, serve a notice on \r\nthe person specifying th e steps which that person is required to take before the \r\nwater undertaker restores the water supply to that premises. \r\n(4) The steps specified in the notice under subsection (3) shall be the \r\nsteps necessary to secure that, as the case may be: \r\n(a) the damage, contamin ation, wastage, misuse or undue \r\nconsumption; or \r\n(b) the likelihood of damage, contamination, wastage, misuse or \r\nundue consumption, shall not recur if the supply is restored, and \r\na water undertaker which fails, without reasonable excuse, to \r\nserve the notice in accordance with the requirements of \r\nsubsection (4) shall be guilty of an offence and liable, upon \r\nconviction through a summary trial, to a fine not exceeding \r\nrupees ten thousand. \r\n(5) A notice served for the purposes of clause (b) of subsection (2) shall: \r\n(a) specify the period, not being less than seven days of the service \r\nof the notice, within which the steps specified in the notice are to \r\nbe taken by the consumer; and \r\n(b) set out the powers of the water undertaker under subsection (6) \r\nand (7). \r\n(6) Where a wate r undertaker has served a notice under clause (b) of \r\nsubsection (2) in relation to any premises, and: \r\n(a) the case becomes an emergency; or \r\n(b) the premises appears to be unoccupied and the steps specified \r\nin the notice are not taken before the expiry of the perio d so \r\nspecified; \r\nthe water undertaker may disconnect the service pipe to those \r\npremises or otherwise cut off the supply of water to those premises; \r\nand subsections (3) and (4) shall apply where a water undertaker \r\nexercises its power under this subsection as they apply where such an \r\nundertaker exercises its power by virtue of under clause (a) of \r\nsubsection (2). \r\n(7) Where, in a case not falling within clause (a) or clause (b) of subsection \r\n(6), any steps specified in a notice served by th e water undertaker u nder clause (b) \r\nof subsection (2) have not been taken by occupier of the premises by the end of the \r\nperiod so specified, the water undertaker shall have power to take such steps itself, \r\nand subject to subsection (8), to recover any expe nses reasonably incu rred by the \r\nwater undertaker in taking those steps from the occupier on whom the notice was \r\nserved. \r\n(8) Where any steps are taken by virtue of subsection (7) and it is shown \r\nthat, in the circumstances of the case, those steps were not n ecessary as mentioned \r\nin subsection (2) or, as the case may be, subsection (4), such water undertaker: \r\n \r\n \r\n(a) shall not be entitled to recover any expenses incurred by it in \r\ntaking those steps; and \r\n(b) shall be liable to pay to any other person who took any of those \r\nsteps an amount equ al to any expenses reasonably incurred by \r\nthat person in taking any of those steps. \r\n28. Standards of wholesomeness of water .— (1) The Commission may, by \r\nregulations, make provisions that the water supplied to any premises is or is not to \r\nbe regarded as wholesome for purposes of this Chapter, if it satisfies or, as the case \r\nmay be, fails to satisfy such provisions as may be prescribed. \r\n(2) Without prejudice to the generality of subsection (1), regulations under \r\nthis section may, for the purpose of determin ing the wholesomeness of any water \r\nshall: \r\n(a) provide general requirements as to the purposes for which the \r\nwater is to be suitable; \r\n(b) provide specifi c requirements as to the substances that are to \r\nbe present in or absent from the water, and as to the \r\nconcentrations of substances which are or are required to be \r\npresent in the water; \r\n(c) provide specific requirements as to other characteristics of the \r\nwater; \r\n(d) provide that the question whether prescribed requirements are \r\nsatisfied may be determined by reference to such samples; \r\n(e) enable the Commission to authorize such relaxations of and \r\ndepartures from the requirements referred to in clause (a) \r\nabove, and to m ake any such authorization subject to one or \r\nmore conditions which it considers appropriate, and to modify or \r\nrevoke any such authorization or conditions; and \r\n(f) enable the Commission to authorize a local authority, Authority \r\nor an authorized functionary to, either instead of the \r\nCommission or concurrently with it, to exercise any power \r\nconferred on the Commission by regulations framed under \r\nclause (e) of subsection (2) above. \r\n29. Maps of water mains etc .— (1) Subject to subsection (4), it shall be the duty \r\nof the Authority and every water undertaker to keep record of: \r\n(a) every resource main, water main or discharge pip e used by the \r\nwater undertaker; and \r\n(b) any other underground works, other than a service pipe, which \r\nare owned or operated by the water undertaker. \r\n(2) It shall be the duty of the Authority and of every water undertaker to \r\nensure that the contents of any records for the time being kept by it under this \r\nsection are updated and available, at all reasonable times, for inspection by the \r\npublic free of charge at an office of the Authority or as the case may be of the water \r\nundertaker. \r\n \r\n \r\n(3) Any information which is required under this section to be made \r\navailable, by the Authority or a water undertaker, for inspection by the public shall be \r\nso made available in the form of a map. \r\n(4) For the purposes of determining whether any failure to make a \r\nmodification of any records kept un der this section constitutes a breach of the duty, \r\nimposed by sub section (1), above, that duly shall be taken to require any \r\nmodifications of the records to be made as soon as reasonably practicable after the \r\ncompletion of such works, which make the modi fication necessary; and where \r\nrecords kept under this section are modified, the date of the modification and of the \r\ncompletion of the works makin g the modification necessary shall be incorporated in \r\nthe records. \r\n(5) The duties of a water undertaker under this section shall be \r\nenforceable under section 11 of the Act. \r\nCHAPTER VI \r\nPROVISION OF SEWERAGE SERVICES \r\n30. Sewerage functions.— (1) Every sewerage undertaker shall: \r\n(a) provide, improve, rehabilitate and extend such a system of \r\npublic sewers, whether inside its area or elsewhere, and so to \r\ncleanse and maintain such sewers as to ensure that such area \r\nis and continues to be effectually drained; and \r\n(b) make provision for the emptying of those sewers and for \r\neffectually dealing by means or sewage disposal works or \r\notherwise with the content of those sewers. \r\n(2) In performing its duty under subsection (1), the sewerage undertaker \r\nshall have regard to: \r\n(a) its existing and future obligations to allow discharge of effluent \r\ninto its public sewers; and \r\n(b) the need to provide for the d isposal of effluent which is so \r\ndischarged. \r\n31. Standards of performance .— (1) The Commission may by regulations \r\nprescribe the standards of performance for the provision of sewerage services. \r\n(2) Without prejudice to the generality of the power conferred b y \r\nsubsection (1), the regulations may: \r\n(a) include in a standard of performance , a requirement for a \r\nsewerage undertaker to inform persons of their rights and duties \r\nby virtue of any such regulations; and \r\n(b) provide for any dispute under the regulations to be referred to by \r\neither party to the Authority. \r\n32. Supply of sewerage services for domestic purposes .— (1) Every \r\nsewerage underta ker shall provide a public sewer to be used for drainage of \r\npremises in a particular locality in its area if the sewerage undertake r is required to \r\nprovide the sewer by a notice served on the sewerage undertaker by one or more \r\n \r\n \r\npersons who are entitled unde r subsection (2) to require the provision of the sewer \r\nfor that locality. \r\n(2) The following persons shall be entitled to require th e provision of a \r\npublic sewer for any locality: \r\n(a) the owner of a premises in that locality; \r\n(b) a housing authority; \r\n(c) the concerned local government; and \r\n(d) any other person as specified by rules. \r\n(3) The sewerage undertaker shall not be in breach of his obligations \r\nunder subsection (1) if the applicant does not provide an undertaking to pay, to the \r\nsewerage undertaker, costs re asonably incurred in providing the main over a \r\nprescribed period of time. \r\n(4) Any dispute between a sewerage undertaker and any other person in \r\nrespect of cost to be paid shall be referred to the arbitration of a single arbitrator by \r\nagreement between the sewerage undertaker and that person and in default of such \r\nagreement the dispute shall be finally decided by the Authority. \r\n33. Performance of sewerage functions by local authorities etc .— (1) A local \r\nauthority may, in accordance with any arrangement which it has entered into for the \r\npurpose with any sewerage undertaker, carry out sewerage functions on behalf of \r\nthat undertaker in relation to such area comprising the whole or any part of that local \r\nauthority’s relevant area with parts of any adjacent releva nt areas of other relevant \r\nlocal authority, as may be specified in the arrangements. \r\n(2) Arrangements entered into for the purposes of this section may contain \r\nany such provision as may be agreed between the relevant authority and the \r\nsewerage undertaker but shall not affect the availability to any person, other than the \r\nrelevant authority, of any remedy against the sewerage undertaker in resp ect of the \r\ncarrying out of the sewerage undertaker’s sewerage functions or of any failure to \r\ncarry them out. \r\n(3) Where arrangements entered into for the purposes of this section so \r\nprovide, a relevant authority shall be entitled to exercise on behalf of a sewerage \r\nundertaker any power which by or under the Act or any other law for the time being \r\nin force is exercisabl e by the sewerage undertaker for the purposes of, or in \r\nconnection with, the carrying out of the functions of the sewerage undertaker. \r\n34. Trade effluent .— (1) It shall be the duty of every sewerage undertaker to \r\nprovide a sewer to be used for the drainage of trade effluent to premises in a \r\nparticular locality in its area if the sewerage undertaker is required to provide the \r\nsewer by a notice s erved on the se werage undertaker by one or more persons who \r\nare entitled under subsection (2) to require the provision of the sewer for that locality. \r\n(2) The following persons shall be entitled to require the provision of a pipe \r\nfor discharge of trade effluent: \r\n(a) owner of an industrial premises in a locality duly approved by \r\nthe local authority; and \r\n(b) an industrial authority managing industrial estates; \r\n \r\n \r\n(3) The sewerage undertaker shall not be in breach of his obligations \r\nunder subsection (1) if: \r\n(a) the person does not provide an undertaking to pay, to the \r\nsewerage undertaker, costs reasonably incurred in providing the \r\nmain over a prescribed period of time; \r\n(b) the trade effluent is of a nature that shall make it difficult for the \r\nsewerage undertaker to discharge it s obligations to domestic \r\nconsumers; or \r\n(c) the trade effluent cannot be safely carried in the pipes of the \r\nsewerage undertaker or needs to be carried separately for \r\nspecialized treatment. \r\n(4) Any dispute between a sewerage undertaker and an y other person \r\nregarding costs to be paid shall be referred to the arbitration of a single arbitrator by \r\nagreement between the sewerage undertaker and that person and in default of such \r\nagreement the dispute shall be finally decided by the Authority. \r\n35. Power to disconnect connection for trade effluent .— (1) A sewerage \r\nundertaker may disconnect a pipe which carries trade effluent if: \r\n(a) it is reasonable for the disconnection to be made for the \r\npurposes of carrying out any necessary works; or \r\n(b) the occupier of the premises is liable to pay charges due to the \r\nsewerage undertaker in respect of services to those premises \r\nand has failed to pay such charges within fifteen days beginning \r\nwith the day after he is served with notice requiring him to do so. \r\n(2) Where a s ewerage undertaker exercises its power by virtue of clause \r\n(a) of subsection (1), it shall owe a duty to the consumer to secure: \r\n(a) that those works are carried out with reasonable dispatch; and \r\n(b) that no service is interrupted for more than seven days for the \r\npurpose of carrying out of those works. \r\n36. Permission to dispose of waste water or trade effluent directly .— (1) \r\nWhere: \r\n(a) it is not practicable, at reasonable cost, for a sewerage \r\nundertaker to provide sewerage pipes; \r\n(b) it is practicable and safe for the owne r or occu pier of industrial \r\npremises to drain waste water or trade effluent in pipes not \r\nowned or operated by the sewerage undertaker; and \r\n(c) the local authority in whose area those premises are situated \r\npermits the sewerage undertaker to allow discharge of w aste \r\nwater or trade effluent in pipes not owned or operated by the \r\nsewerage undertaker. \r\nthe sewerage undertaker may allow a person, by a sub -license, to \r\ndischarge waste water or trade effluent in those pipes. \r\n \r\n \r\n(2) A sub -license issued under subsection (1) shall be granted in \r\naccordance with any conditions that the Commission may impose on such sub -\r\nlicenses specifically or generally. \r\n37. Sewer maps.— (1) Subject to the provisions of subsection (5) below, it shall \r\nbe the duty of the Authority and every sewera ge undertaker to keep records of the \r\nlocation and other relevant particulars of: \r\n(a) every public sewer or disposal main operated by the sewerage \r\nundertaker or other persons with the permission of the sewerage \r\nundertaker; and \r\n(b) any other underground works other than a service pipe which \r\nare owned or operated by the sewerage undertaker. \r\n(2) For the purposes of this section, the relevant particulars of a drain , \r\nsewer or disposal main, in addition to its location, shall also include particulars as to: \r\n(a) whether it is a drain, sewer or disposal main and of the \r\ndescription of effluent for the conveyance of which it is or is to \r\nbe used, and \r\n(b) whether it is operated by sewerage undertaker or, if it is not, \r\nwhether it is operated with the permis sion of sewerage \r\nundertaker. \r\n(4) The records kept by a sewerage undertaker under this section shall be \r\nkept separately in relation to the area of each local authority within whose area there \r\nis any drain, sewer, or disposal main of which that sewerage unde rtaker is required \r\nto keep records \r\n(5) It shall be the duty of every sewerage undertaker to: \r\n(a) provide to the local authorities, without any fee, the copies of the \r\ncontents of records kept under this section, and with copies of \r\nany modifications of those re cords, so as to ensure that eve ry \r\nlocal authority to whose area any of the records relate are at \r\nall times informed of the contents of the record, for the time \r\nbeing, relating to their area; and \r\n(b) ensure that the contents of all the records for the time being kept \r\nby the sewerage underta ker under this section are available, \r\nat all reasonable times, for inspection by the public free of \r\ncharge at any office of the sewerage undertaker. \r\n(6) Any information which is required to be kept by this section shall be so \r\nprovided or made available in the form of a map. \r\n(7) For the purposes of determining whether any failure to make a \r\nmodification of any records kept under this section constitutes a breach of the duty, \r\nimposed by sub section (1) above which make the modifi cation necessary; and \r\nwhere records kept under this section are modified, the date of the modification and \r\nof the completion of the works making the modification necessary shall be \r\nincorporated in the records. \r\n(8) The duties of a sewerage undertaker under this section shall be \r\nenforceable under section 11 of the Act. \r\n \r\n \r\nCHAPTER VII \r\nCHARGING FOR SERVICES PROVIDED BY UNDERTAKERS \r\n38. Powers of the undertakers to charge.— (1) Subject to the provisions of this \r\nchapter, the powers of every undertaker shall include the power to: \r\n(a) fix charges for a ny services provided in the course of carrying \r\nout its functions and, in the case of a sewerage undertaker, \r\ncharges to be paid in connection with the carrying out of its trade \r\neffluent functions; and \r\n(b) demand and recov er charges fixed under this section fro m any \r\nperson to whom th at undertaker provides services or in relation \r\nto whom it carries out trade effluent functions. \r\n(2) The powers conferred under subsection (1) shall be exercisable: \r\n(a) by undertakers: \r\n(i) in the case of supply of water after taking into \r\nconsideration the cost of abstraction, improvement in \r\nquality of water and protection of water from \r\ncontamination till it is supplied to premises; and \r\n(ii) in the case of sewerage or waste water after taking into \r\nconsideration the cost of carrying it, treating it and \r\nprotecting soil and water from the waste water till it is \r\ntreated; or \r\n(b) by or in accordance with agreements with persons to be \r\ncharged. \r\n39. Liability of occupiers etc. to pay charges.— Except in so far as provision to \r\nthe contrary is made by any agreement to which the undertaker is a party: \r\n(a) supplies of water provided by a water undertaker shall be treated for \r\npurposes of this Chapter as services provided to the occupiers, for the \r\ntime being, of any premises supplied; and \r\n(b) sewerage services provided by a sewerage undertaker shall be treated \r\nfor the purposes of this Chapter as provided to the occupiers, for the \r\ntime being, of any premises which are drained by a sewer or drain \r\nconnecting, either directly or thr ough an intermediate sewer or drain, \r\nwith such a public sewer of the sewerage undertaker as is provided for \r\nsewerage water or surface water or both. \r\n40. Provisions relating to charging by volume .— (1) Where the Authority so \r\nrequires, the undertakers shall install meters and make other provision in relat ion to \r\nthe meters and the premises where these are installed. \r\n(2) The Commission may, by regulations, make such provision as it \r\nconsiders appropriate with respect to the connection, disconnection, use, \r\nmaintenance, authentication and testing of meters and with respect to any other \r\nrelated matter. \r\n \r\n \r\n(3) Without prejudice to the generality of subsection (2), the regulations \r\nmay, among other things: \r\n(a) address the positioning, whether inside or outside of the buildi ng \r\nor other premises in relation to which the me ter is to be used, of \r\nany meter or of any pipes or apparatus appearing to any water \r\nundertaker or sewerage undertaker to be required for the \r\npurpose of facilitating the use of any meter; \r\n(b) make any other provis ion which appears to the Commission to \r\nbe appropriate with respect to any such pipes or apparatus; \r\n(c) provide for a reading from a meter to be proved and for a \r\nreading from a meter to be such evidence of the volume of water \r\nsupplied to, or of effluent discharged from, any premises; \r\n(d) fix the method of deter mining the amount of the charges to be \r\npaid where it appears that a meter has given, or may have \r\ngiven, an incorrect reading; \r\n(e) require a person who is not a n undertaker to pay the expenses \r\nincurred by a n undertaker in doing anything under the \r\nregulations or to pay contributions towards those expenses; \r\n(f) provide for the payment of compensation in respect of anything \r\ndone by an undertaker under the regulations; and \r\n(g) require disputes arising under the regulations to be referred to \r\narbitration. \r\n41. Power of the Authority to modify charges. — The Authority may, through a \r\nwritten order, modify the charges fixed or demanded by an undertaker under section \r\n38 of the Act where it finds that an undertaker: \r\n(a) has not spread costs over a reasonable period of time; \r\n(b) has charged consumers unfairly; \r\n(c) has not acted in support of the consumer objective; \r\n(d) has not applied aquifer charges; and \r\n(e) has not charged as prescribed or levied by the Government. \r\n42. Offence of tampering with meters etc.— (1) If any person: \r\n(a) so interferes with a m eter used by an undertaker in determining \r\nthe amount of any charges fixed in relation to any premises to \r\nprevent the meter from showing or from accurately showing the \r\nvolume of water supplied to or of effluent discharged from those \r\npremises; or \r\n(b) carries out any works which he knows are likely to affect the \r\noperation of such a meter; \r\nhe shall be guilty of an offence and l iable, on conviction, to a fine not \r\nexceeding rupees fifty thousand. \r\n \r\n \r\n(2) A person shall not be guilty of an offence under subsection (1) in \r\nrespect of anything done by him with the consent of the undertaker who uses the \r\nmeter. \r\nCHAPTER VIII \r\nABSTRACTION AND DISPOSAL LICENSES \r\n43. Abstraction licenses.— (1) The license to abstract water may be one of the \r\nfollowing three types: \r\n(a) a license to abstract water from one source of supply; \r\n(b) a license to abstract water form one source of supply fo r the \r\npurpose of transferring to another source of supply; and \r\n(c) a license to abstract water from one source of supply for the \r\npurposes of transferring to the same source of supply at another \r\npoint. \r\n (2) A license to abstract water from one source of supply shall be of one or \r\nmore of the following seven types: \r\n(a) a license to abstract water for supply to consumers by a water \r\nundertaker; \r\n(b) a license to abstract water for agricultural purposes; \r\n(c) a license to abstract water for domestic purposes; \r\n(d) a license to abstract water for industrial purposes; \r\n(e) a license to abstract water for mining purposes; \r\n(f) a license to abstract water for ecological purposes; and \r\n(g) a license to abstract water for any purpose not listed above. \r\n(3) No person shall abstract water from controlled waters without a license. \r\n(4) Abstraction licenses shall be granted by the authorities listed in the \r\nFirst Schedule of the Act. \r\n44. Disposal licenses.— (1) The license for disposal of water may be one of the \r\nfollowing four types: \r\n(a) a license for disposal of naturally clean water into controlled \r\nwaters; \r\n(b) a license for disposal of sewage water into controlled waters; \r\n(c) a license for disposal of trade effluent into controlled waters; and \r\n(d) a license for disposal of any other water into controlled waters. \r\n(2) No person shall dispose water into controlled waters without a license. \r\n(3) A d isposal licenses shall be granted by the authorities liste d in the \r\nSecond Schedule of the Act. \r\n \r\n \r\n45. Terms and conditions of licenses .— (1) Every abstraction and disposal \r\nlicense under this Act shall be in the prescribed form and shall be valid for a fixed \r\nduration of time, which may or may not be extendable. \r\n(2) Every license shall be subject to such terms and c onditions as the \r\nCommission may prescribe. \r\n(3) Every license shall provide for the point at which abstraction and \r\ndisposal shall take place. \r\n(4) The fee to be charged for an abstraction and disposal licence shall be \r\nsuch as may be fixed by the Government from time to time. \r\n(5). Notwithstanding anything contained in this section, a disposal license \r\nshall include the following conditions that: \r\n(a) the disposed of water shall comply with applicable \r\nenvironmental standards; and \r\n(b) the samples of disposed of water shal l be collected and tested \r\nat suitable intervals as fixed by the Authority from time to time. \r\n (5) Any person who knowingly contravenes the terms and conditions of a \r\nlicense shall be guilty of an offence and liable, upon conviction, to a fine which may \r\nextend to rupees two hundred thousand. \r\nCHAPTER IX \r\nWATER CONSERVATION DURING DROUGHTS \r\n46. Drought orders.— (1) Where the Commission is satisfied that by reason of \r\nan exceptional shortage of rain, a serious defi ciency of water in any area exists or is \r\nlikely to exist then it may, by order, make such provisions as are authorized by this \r\nsection, which appear to be expedient, with a view to meeting the deficiency. \r\n(2) An order made under this section may contain on e or more of the \r\nfollowing provisions authorizing: \r\n(a) the Authority, water undertaker or licensee to take water from \r\nany source specified in the order subject to any conditions or \r\nrestrictions specified in it; \r\n(b) the Authority or the sewerage undertaker or licen see to \r\ndischarge water to any place specified in the order subjec t to \r\nany conditions or restrictions specified in it; \r\n(c) the Authority to prohibit or limit the taking of water by a water \r\nundertaker or any other person from a source specified in the \r\norder if the Authority is satisfied that the taking of water from that \r\nsource shall seriously affect the supply of water to the \r\nCommission, any water undertaker or any other person; \r\n(d) the Authority to suspend or vary or attach conditions to any \r\nconsent specified in th e order for the discharge of any effluent \r\nby any person including any water undertaker or sewerage \r\nundertaker; and \r\n \r\n \r\n(e) the Authority or water undertaker to prohibit or limit the use of \r\nwater for such purpose as the Authority or, as the case may be, \r\nthe water undertaker thinks fit. \r\n47. Offences with regard to drought orders.— (1) If any person: \r\n(a) takes or uses water in contravention of a prohibition or limitation \r\nimposed by or under an order referred to in section 46 of the Act \r\nor takes or uses water otherwise tha n in accordance with any \r\ncondition or restriction so imposed; or \r\n(b) discharges water otherwise than in accordance with any \r\ncondition or restriction imposed by or under such an order \r\nhe shall be guilty of an offence under this section. \r\n(2) If any person: \r\n(a) fails to construct or maintain, in good order, a gauge or other \r\napparatus for measuring the flow of water which he is required \r\nto construct or maintain under an order referred to in section 48 \r\nof the Act; or \r\n(b) fails to allow some person authorized for the pu rpose by or \r\nunder any such order to inspect and examine any such \r\napparatus or any records made thereby or kept by that person in \r\nconnection therewith or to take copies of any such record; \r\n he shall be guilty of an offence under this section. \r\n(3) In any p roceedings against a person for an offence under this section, \r\nit shall be a defense for that person to show that he took all reasonable precautions \r\nand exercised all due diligence to avoid the commission of the offence. \r\n(4) A person who is guilty of an of fence under this section shall be liable , \r\nupon conviction, to a fine which may extend to rupees five hundred thousand. \r\n \r\nCHAPTER X \r\nDUTIES WITH REGARD TO ENVIRONMENTAL AND RECREATIONAL \r\nPURPOSES \r\n48. Environmental and recreational duties .— (1) It shall be the duty of the \r\nGovernment and every authority established under th e Act to formulate or consider \r\nany proposal: \r\n(a) to further the conservation and enhancement of natural beauty \r\nand the conservation of flora and fauna and geological or \r\nphysio-geographical features or special interest; \r\n(b) to have regard to the desirability of protecting and conserving \r\nbuildings, sites and objects of archeological, architectural or \r\nhistoric interest; \r\n(c) to take into account any effect which the proposal would have \r\non the beauty or amen ity of a ny rural or urban area or on any \r\nsuch flora, fauna, features, buildings, sites or objects; and \r\n \r\n \r\n(d) to have regard to the desirability of preserving and maintaining \r\nfor the public freedom of access and visiting any place of natural \r\nbeauty or building or site or object of archeological, architectural \r\nor historic interest. \r\n(2) Without prejudice to any other duty imposed by this Act, it shall be the \r\nduty of every authority to promote: \r\n(a) the conservation and enhancement of natural beauty; and \r\n(b) the conservation of flora or fauna which are dependent on rivers, \r\nstreams and large bodies of water. \r\nCHAPTER XI \r\nCONTROLLED WATERS \r\n49. Controlled waters .— The following shall be deemed to be the controlled \r\nwaters for the purpose of this Act: \r\n(a) waters in rivers and their tributaries, nullahs and streams flowing in the \r\nPunjab; \r\n(b) canals falling within the definition of the Canal and Drainage Act, 1873 \r\n(VIII of 1873); \r\n(c) waters in lakes or other natural reservoirs, as well as man -made \r\nreservoirs with a surface area larger than five square acres; \r\n(d) ground and subsoil waters; \r\n(e) storm water in drains; and \r\n(f) any other water declared as such by the Commission. \r\n50. Offences relating to controlled waters etc .— (1) Contravention of this \r\nsection shall include causing or knowingly permitting: \r\n(a) any poisonous, no xious or polluting matter or any solid waste \r\nmatter to enter into any controlled waters; \r\n(b) any matter to enter controlled waters by being discharged from a \r\ndrain or sewer without the requisite treatment; \r\n(c) any trade efflu ent or sewage effluent to be discharged , in \r\ncontravention of any relevant prohibition from a building or from \r\nany fixed plant onto or into any land; and \r\n(d) any action which tends, either directly or otherwise, to impede \r\nthe proper flow of the waters including flood waters. \r\n(2) A person who contrav enes any provision of this section shall be guilty \r\nof an offence and liable, upon conviction, to imprisonment which may extend to three \r\nmonths or to a fine which may extend to rupees five hundred thousand or both. \r\n(3) A person shall not be guilty of an off ence under subsection (1) if the \r\nentry occurs or the discharge is made in accordance with the terms of a license for \r\ndisposal of water. \r\n \r\n \r\n51. Water protection zones .— (1) The Government may declare a particular \r\narea as water protection zone to: \r\n(a) prevent o r control the entry of any poisonous, noxious or \r\npolluting matter into the controlled waters; \r\n(b) prohibit or restrict the carrying on in a particular area of activities \r\nwhich it may consider likely to resul t in the pollution of any such \r\nwaters. \r\n(2) The Commission may by regulations determine the circumstances in \r\nwhich the carrying on of any activities is prohibited or restricted and to determine the \r\nactivities to which any such prohibition or restriction applies. \r\n52. Offences related to deposits and veget ation.— (1) A person shall be guilty \r\nof an offence under this section if he, without the approval of the respective Canal \r\nOfficer, removes from any river, nullah, stream, lake, canal, reservoir or any other \r\nwater body, except a water body which is privately owned. \r\n (2) A person shall be guilty of an offence under this section if without \r\nconsent of the Canal Officer he causes or permits a substantial amount of vegetation \r\nto be cut or uprooted in any river, nullah, stream, lake, canal, reservoir or any other \r\nwater body except a water body which is privately owned or to be cut or uprooted \r\nadjacent to any such water body. \r\n (3) The Government may by rules determine conditions and manner in \r\nwhich approval may be granted by a Canal Officer under this section. \r\nCHAPTER XII \r\nMISCELLANEOUS \r\n53. Power to investigate.— (1) The Authority may appoint one or more persons \r\nas technical assessors for the purpose of conducting an investigation as to whether \r\nany duty or other requirement imposed on an undertaker by or under this Ac t is \r\nbeing, has been or is likely to be contravened. \r\n(2) It shall be the duty of every undertaker to provide such assistance as \r\nmay be required by a technical assessor for the purposes of an investigation under \r\nthis section. \r\n(3) Any technical assessor may, for the purpose of this section: \r\n(a) enter any premises; \r\n(b) carry out such inspections, measurements and tests on \r\npremises and take away such samples of water or of any land \r\nand such fittings and other articles as may be required; and \r\n(c) at any reasonable time re quire any water undertaker to supply \r\nhim with copies of, or extracts from the contents of any record \r\nkept for the purpose of complying with any duty or other \r\nrequirement imposed on that undertaker. \r\n(4) Any undertaker which fails to c omply with the duty imp osed under \r\nsubsection (2) above shall by guilty of an offence and liable, upon conviction to a fine \r\nwhich may extend to rupees two hundred thousand. \r\n \r\n \r\n54. Prosecution of offences .— (1) Offences under this Act shall be cognizable \r\non the complaint of the persons mentioned in the Third Schedule of the Act. \r\n(2) A prosecution for an offence under this section shall not be instituted \r\nexcept by the public prosecutor. \r\n55. Amendments.— The provisions contained in other laws mentioned in the \r\nFourth Schedule shall stand amended as indicated therein. \r\n56. Rules.— The Government may by notification in the official Gazette make \r\nrules for carrying out the purposes of the Act. \r\n57. Regulations.— Subject to the provisions of the Act an d the rules, the \r\nCommission may by notifica tion in the official Gazette make regulations for carrying \r\nout the purposes of the Act. \r\n58. Removal of difficulties.— The Chief Minister may make such provisions and \r\npass such orders as may be necessary or expedien t for removal of any difficulty or \r\ndoubt in giving effect to the provisions of the Act. \r\n \r\n \r\n \r\nFirst Schedule \r\n(see section 43) \r\n \r\nSr. No. Licenses Body empowered to grant \r\nLicense \r\n1. A license to abstract water form one source of \r\nsupply for the purpose of transferring to another \r\nsource of supply \r\nAuthority \r\n2. A license to abstract water from one source of \r\nsupply for the purposes of transferring to the \r\nsame source of supply at another point \r\nAuthority \r\n3. A license to abstract water for supply to \r\nconsumers by a water undertaker \r\nAuthority \r\n4. A license to abstrac t water for agricultural \r\npurposes \r\n \r\nCanal Officer of the area in \r\nconsultation with the D eputy \r\nDirector of the Agriculture \r\nDepartment \r\n5. A license to abstract water for domestic purposes \r\n \r\nWater Undertaker in whose \r\narea the abstraction will take \r\nplace; where no undertaker is \r\nappointed, by the Punjab \r\nWater Resources \r\nCommission \r\n6. A license to abstract water for industrial purposes Authority \r\n7. A license to abstract water for mining purposes \r\n \r\nAuthority \r\n8. A License to abstract water for ecological \r\npurposes \r\nAuthority in consultation with \r\nthe Forest Department \r\n9. A license to abstract water for other purposes Commission \r\n \r\nSecond Schedule \r\n(see section 44) \r\n \r\nSr. No. Licenses Body empowered to grant License \r\n1. A license for disposal of clean water \r\ninto controlled waters \r\nAuthority \r\n2. A license for disposal of sewage \r\nwater into controlled waters \r\nAuthority \r\n3. A license for disposal of trade \r\neffluent into controlled waters \r\nAuthority \r\n4. A license for disposal of any other \r\nwater into controlled water \r\nAuthority \r\n \r\n \r\n \r\n \r\n \r\nThird Schedule \r\n(See section 54) \r\n \r\nSection Person on whose complaint the offence is cognizable \r\n18 Punjab Water Services Regulatory Authority \r\n21 Punjab Water Services Regulatory Authority \r\nPerson who has been supplied unfit water \r\n24 Punjab Water Services Regula tory Authority, Office authorized by the Punjab \r\nWater Resources Commission \r\n35 Punjab Water Services Regulatory Authority \r\n43 Officer authorized by the Punjab Water Resources Commission \r\n40 Officer authorized by the Punjab Water Resources Commission \r\n41 Water undertaker \r\n44 Person who has granted the license \r\n45 Canal Officer \r\nWildlife Officer \r\n46 Officer authorized by the Punjab Water Resources Commission \r\n49 Canal officers authorized by the Irrigation Department \r\n52 Punjab Water Services Regulatory Authority \r\n \r\nFourth Schedule \r\n(see section 55) \r\n \r\nSr. No. Law Section/clause Amendment \r\n1. The Lahore Development \r\nAuthority Act, 1975 (XXX of \r\n1975) \r\n29 To stand repealed \r\n2. 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