(1) Notwithstanding anything contained in this Act, the Executive Engineer may cut off the connection of any waterwork of the Government to any land or building to which water is supplied from such works or may turn off such supply, for any of the following cases namely :-
(a) if the land or building is unoccupied ; or
(b) if after receipt of a written notice from the Executive Engineer requiring him to retain from so doing the owner of accupier the land or building continues to use the water or permit the same to be used there contravention of this Act, or any regulation made there under ; or
(c) if the owner or occupier of any land or building to which water supply is made by the Department refuses to admit any officer or employee of the Government duly authorised in that behalf into the land or building for the purpose of making any inspection to water supply or prevent such officers or employees from making such inspection; ; or Misuse and causing damage to water-works valves and hydrants Power of Executive Engineer to dut off or turn off supply oa water to land and building Ex-52/91- 5 -
(d) if the owner or occupier of the land or building wilfully or negligently injures or causes demage the mater of any pipe or tap conveying water from any works or the Government ; or
(e) if any pipes, works or fitting connected with supply of water to the land or building is found, on examination out of order to such an extent as to cause such wastage of water that immediate prevention is necessary: or
(f) if by reasons of leak in the service pipe or nitting, damage is caused to a public street and immediate prevention is necessary: or
(g) if there is any water pipe situated within the land or building to which no tap or other efficient means of turning the water off is attached;
Provided that except in the case where by reason of any of the circumstances referred to in clauses (a), (b), (c), (d), (e), (f), and and (g) of this section, there is a risk of contamination of water, the Executive Engineer shall not cut off such connection or turn off such supply unless notice of not less than 24 hours is given to the owner or occupier of the land or building as the case may be.
(2) No action taken under or in pursuance of this section shall relieve any persons from any penalties or liabilities, which he otherwise may have incurred.
(3) The expense of cutting off the connection or turning off the water and or restoring the same as referred to in sub-section (1) shall be paid by the owner or accupier of the premises.
12. If any person contravenes any order made under section 9 and 10, shall be guilty of an offence triable by Magistrate of the first class and on conviction, shall be liable
(a) in the case of an order made with reference to sub-section (1) and (2) of section 9 and sub-sections (1), (2) and (3) of section 10, to punishiment with imprisonment for a term which may extend upto six months and shall also be liable to fine not exceeding one thousand rupees;
(b) in the case of an order made with refercence to sub-section (4) and (5) of section 10 to punishment with imprisonment for a term which may extend to 3 months and shall also be liable to fine not exceeding five hundred rupees:
Provided that none of such contraventions as mentioned above shall be deemed to be a cognizable offence as defined in the Code of Criminel Procedure, 1973:
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Provided further that if the Court is of the opinion that sentence of fine only will meet the ends of justice, it may for reasons to be recorded refrain from sentence of imprisonment.
13 (1) The Superintending Engineer or such other officer not below the rank of Executive Enginear or such other officer may be authorised by the Government in that behalf shall have the power to decide all disputes relating to the liability for the payment of tariff, fees, and other charges of exemtion therfrom.
(2) Subject to the decision in appeal before such authority as may be constituted by the State Government in that behalf by a duly notified order in the Mizoram Gazette, preferred within three months from the date of the order under sub-section
(1) above and such order shall be final.