"(3) When water is supplied in accordance with the provisions of this Act through a meter, it shalL be presumed that the quantity indicated by the meter has been consurned until the contrary is proved.
(4) The competent aulhority may authorise any person to test any water fitting used in connection with water supplied by him."
23. ln the principal Act, in section 25,-
(i) ior the marginal heading "Obligation of owner to give notice of waste of water' the marginal heading "Obligation oi owners, citizens, policeman and employees", shail be substitutedj
(ii) ior sub-section (1), the iollowing shall be substituted, namely:- "(1) The owner or occupier of any premises to whjch water is made under the provision oi this Act and has within his knowledge that such water js being misused or wasted whether within or outside his own land or premise, shall fo(hwith glve notice in writing to competent authori'ty of such misuse or wastage.",
(iii) after sub-section (1), the following sub-sections shall be inserted, namely:- "(2) The owner or occupjer of any premises to which water is made under the provision of this Act shal have primary obligation for watch and ward of the water meter and shall not tamper with the water meter and prevent any person from tampering and shall iorthwiih give notice in writing to competent authority oi such tampering by another person.
- 1t , 1,.
Amendment of Section 26
(3) lt shall be the duiy of a I citizens, policemen and employees of the Departmeni or any Local Authority to give immediate information to the Department or oflicers of the Departmeni authorlzed ln this behalf, of the commission oi, or ihe attempt to commit, any ofience against this Act or any rules or reguJation made thereunder and to assist all such oificers in the exercise of their lawlu aulhority."
24. ln the principal Act, in section 26,-
(i) ior sub-seciion ('1), the following shall be substituied, namely:- "(1) The Chlef Engineer, the Public Health Engineer or any employee authorized by the competent authorty in this behali or empowered in this behali by or under the provislons ol this Act or rules made there under, may, enter into or upon any land or premises with or without assistants and workmen for the purpose ofi-
(a) ascerta ning whether, within or outside the land or premises, there is or has been any contravention ol the provisions of this Act or any ru es made thereunderi
(b) taking any action or executlng any work authorised or required by this Aci or any rules or regulatlon made thereunder;
(c) making any inquiry, inspection, examination, measurement, valuation or survey "authorised under this Act or rules made thereundel';
(ii) aiter sub-sectlon (2), the lollowing sub-sections shall be inseried, namely:- "(3) the Chief Engineer, Public Health Engineer or any employee authorised by the competent authority, may enter on any adioinlng land or premises, with or without asslstants and workmen for requirement under subsection (1) or for depositing thereon any soil, gravel, stone or olher materials or Jor obtaining access to such work or for any other purposes for administration of any provision of this Aci or rules made thereunder,
(4) lhe person so auihorlsed shall, before entering on any such land or premises staie the purpose thereof, and
(5) ihe person so authorised shall, in exercising any power conferred by this section, do as little damage as may be and sultable compensalion shall be payable by the Department to the owner or occupier ior any such damage, whether permaneni or temporary. Suitable compensation sha I be as determined by the prescrlbed local Authorlty by Law.
/( -16
(6) ii ihe Chief Engineer, the Publlc Health Engineer, or any employee autholised in thls behalf by the competent authority is, at any such time, refused admittance into such land or premises Jor the purpose of administration of any provision of th s Act or rules made thereunder, the competent authority may, aiter giving the consumer an oppodLlnity oi being heard, cut of Ire s.pply ol water lo that oren'ises.
(7) li the nature of work requirlng entry ls of such urgency that lt cannot be delayed, it shall be lawlu for the Chief Engineer, the Public Health Engineer, or any employee authorised in this behali by the competent authority, lor purpose of administration oi any provision oJ this Act or rule made thereunder, to make any entry in to any place and to open or cause to be opened any door, gate or other barrier including breaking in-
(a) if he considers the opening th€leof necessary ior the purpose of such entry; and
(b) ii the owner or occupier ls absent or being present refuses to open such door, gate, or barrier.
(8) Before making any entry or break in nto any such place or opening or causing to be opened any such door, gate or other barrier, the Chief EnOineer, the Public Health Engineer or the employee authorised or empowered in thls behalf, shall call upon trrvo or more respectable inhabltants oi the locality in which the piace to be entered into is situated, to witness the entry or opening and may issue an order in writing to them or any of them so to do.
(9) A report shall be made to the Department as soon as may be aiter any entry has been made into any place or any door, gate or other barrier has been opened under this section.
(10) Save as otherwise provided ln this Act or any rule made theleunder, no entry authorised by or under this Act, shall be made except betweer the hours ol sunrise and sunset.
(11) Save as oiherwise provided for in sub-section (7) and any other provision of this Act or any rule made there under, no entry upon or inio any land or premise shall be made without the consent of the occupier, or ii there ls no occupler, or the owner thereoi and no such entry shall be made wjthout giving the said owner or occupier, as the case may be, not ess than twenty_ hours written notice of the intention to make such entry.
(12) When any place used as a human dwelling is entered under this Act, due regard shall be paid to the soclal rit Amendment Section 27.
Amendment ol Section 29 Amendment of Section 30 and religious customs and usages of the occupants of the place entered, no apartment in the actual occupancy of a female shall be entered or break open uniil she has been informed that she is al lberty to wiihdraw and every reasonable facillty has been aiforded to her for wlthdrawjng."
25. ln the princlpal Act, n section 27,-
(i) lor ihe marginal heading "lnjuring meter ilttlngs", the marginal heading "lnjuring meter, fltiings, water works" shall be substltutedi
(i) for sub-section (1), the following shalL be substituted, namelY:- "(1) No person sha I wllliuLly or negligently iniure or suiier to be njured any meter or any oi the fittlngs oi any meter, any other fitting oi water works and shal be deemed to be an oiience under this Act.";
(ii) after sub-sectlon (1), the following sub-sections shal be inserled, namelY:'
"(2) Such person shall be prosecuted in the l\lagjstrates Couri and the offence under sub-section (1) shall be punishable by a fine equal to iwo iimes the actual cost of repair, renewal or restoration or imprisonment up to two years or wiih both.
(3) The actual cost of repair, renewal or restoration under sub-section (2) shall be as deiermined by the competent authorlty, whose written certificate shall be linal and blndlng."