Bare ActsThe Gujarat Provincial Municipal Corporations Act, 1949

Section 12

Amendment status not verified — confirm the current text below against the official source.

(1) The Commissioner may cut off the connection between any municipal water- work and any premises to which a private water-supply is furnished by the Corporation of turn off the water from such premises in any of the following cases, namely :- (a) in default of payment of any instalment of water-tax or of any sum due for water or hire of meter or expenses of any work done under or by virtue of the provisions of rule 3, 9 or 17 within one month after a notice of demand for such tax or sum has been duly served; (b) if the owner of the premises neglects within the period prescribed in this behalf in any notice given under sub-rule (1), (2) or (3) of rule 6 or under rule 7, to comply with any requisition made to him by the Commissioner regarding the provision of any cistern, fitting, lock or key or any means of access to such cistern or the removal of any cistern; Provision of meters when waters supplied by measurement. Register of meter to be evidence. Commissioner, etc. may inspect premises in order to examine meter, communication pipes, etc. Power to cut off private water-supply or to turn off water. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 243 (c) if the owner or occupier of the premises fails, within the period prescribed in this behalf in any notice given under sub-rule (2) of rule 11, to comply with the terms of such notice or fails to use articles of the kind prescribed under sub-rule (5) of rule 6; (d) if after receipt of a written notice from the Commissioner requiring him to refrain from so doing, the owner or occupier of the premises continues :- (i) to use the water, or to permit the same to be used, in contravention of any by-law or of any condition prescribed under sub-section (2) of section 134 or under any other provision of this Act; (ii) when payment for the water is made not by measurement to permit any person not residing on premises in respect of which water-tax is paid or payment for the water supplied is made according to the size of the connection to carry away from such owner’s or occupier’s premises water derived from the municipal water-work; (e) if the owner or occupier of the premises wilfully or negligently injures or damages any meter, pipe, cistern or fitting or lock thereof in such premises; (f) if the owner or occupier of the premises fails to comply with any requisition made on him by the Commissioner under sub-rule (2) or rule 18 to furnish the name of the licensed plumber; (g) if the premises are declared to be unfit for human habitation under the provisions of this Act; (h) if excessive waste of water is taking place within any premises on account of damage to water-mains caused by accident or otherwise; (i) if any communication-pipes or fittings have been laid applied, added to or altered in contravention of the provisions of rule 6: Provided that -- (i) in any case under clause (a) the Commissioner shall not take action unless not less than one month previously a copy of the notice of demand in respect of the tax or sum has been affixed to a conspicuous part of the premises; (ii) in any case falling under clause (b), the Commissioner shall not take action unless not less than fifteen days previously a copy of the notice under sub-rule (1), (2) or (3) of rule 6, or under rule 7, as the case may be, has been affixed to a conspicuous part of the premises; (iii) in other cases the Commissioner shall not take action unless written notice of not less than twenty-four hours has been given to the owner or occupier of the premises. (2) The expense of cutting off the connection or of turning of the water in any such case as aforesaid shall be paid by the owner or occupier of the premises. (3) If any case under clause (a) of sub-rule (1) the tax or sum due is paid within the period stipulated therein by any person or persons in occupation of the premises other than the persons primarily liable for the same, such person or persons shall be entitled to credit therefor in account with the person primarily liable and shall be entitled without prejudice to any other remedy for recovery, to deduct the amount paid from any rent payable to the person primarily liable.

Section 12 – The Gujarat Provincial Municipal Corporations Act, 1949 | DailyLaw.ai