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Section 46D: Assessment of water charges in case of unauthorized use

The Kerala Water Supply and Sewerage Act, 1986State Act of Kerala · Act 14 of 1986

(1) If on inspection of any place or premises or water meters or any other devices, or any record maintained by any person, the authorized officer of the Authority comes to the conclusion that any consumer is indulging in unauthorized use of water, he shall, not withstanding any criminal proceedings that may be taken against the consumer, provisionally assess to the best of his judgement the water charges payable on account of such unauthorized use of water.

(2) The order of provisional assessment shall be served to the consumer in such manner as may be provided by Regulations.

(3) The consumer to whom a notice has been served under sub-section(2) shall be entitled to file objection, if any, against the provisional assessment before the authorized officer of the Authority who may, after affording a reasonable opportunity of hearing to such consumer, pass a final order of assessment of the water charges payable by such consumer.

(4) Any consumer served with the order of provisional assessment may accept such assessment and deposit the assessed amount with the officer designated for the purpose within seven days of service of such provisional assessment order upon him.

(5) If the assessing officer arrives at the conclusion that unauthorized use or theft of water has taken place, it shall be presumed that the unauthorized use has been continuing since the date of starting of the construction, in case the unauthorized use is for construction purpose or from a date which the assessing officer finds that the unauthorized use has been continuing in case the unauthorized use is for other purpose.

(6) The assessment shall be based on the plinth area of the building, in case of the unauthorized use for construction purpose or based on the number of inhabitants, in case of domestic purpose or based on the probable quantity in case of other purposes.

(7) The water charges under this section shall be assessed in accordance with the guidelines as may be provided by regulations.

Where this provision sits

ActThe Kerala Water Supply and Sewerage Act, 1986
Section46D
Marginal noteAssessment of water charges in case of unauthorized use
JurisdictionState of Kerala
StatusIn force as published by the source

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