"37. Manner of realization of water charges, fees or fines {1) The competenl authorlty may by notice require the owneT or occupier of the premises to pay wthin 15 (iifteen) days irom the dale of recelpi ol notlce the charges, fees or fines on account due and recoverable lror sJc^ owrer o'occup'er.
(2) lf any notice, order or requisition has been issued to any person in respect o{ property of whlch he is the owner, lhe authority or officer at whose instance such notice, order or requisltions has been issued, may require ihe occupier, receiver, trustee or agent of such property or gf any part thereof pay to him, lnsiead oi ihe o*n"r, any rent payable by him !n respect of such property, as it falls due up to the amount recoverable Jrom the owner;
Provided that if the occupler reiuses to disclose the correct amount of the rent payable by him or the name or address oi the person to whom lt is payable, the authorjty or officer may recover ilom the occupler the whole amount recoverable, as an arrear oi charges payable under this Act.
(3) Nolwithstanding any contraci between the owner and the occupier, any amount recovered from an occuplel instead oi from an owner under sub-section (2), shall be deemed to have been rent paid by the occupier to the owner. The certificate ol receipt, indlcating such an arnouni, issued by the competent althorlty shall be iinal and conclusive proof oi payment in this regard.
(4) Whenever the owner of any land or buiLding fails to execute any work which he is required to execute under thls Act or any rule made there Llnder, the occupier, if any, oi such land or building may, with the approval oi the Department, execute the said work and he shall, notwithstanding any contract between the ownel and the occupier, be entitled to recover ilom the owner the reasonable expenses incurred by him in the execution oi the work and may deduct the amount thereof from the rent payable by hi'n to the owner.
(5) Where any person, by reason ol his receiving rent to irnmovab e properly as a receiver, agent to trustee or ii his being, as a receiveT, agent or trustee, the person who would receive the rent if the property were let to tenant, would under this Act or any rule made there under, be bound to dlscharge any obligation imposed on the owner oi the property ior the discharge oi which -21 =r fg lnsertion of new section money s requlred, he shall not be bound to discharge the ob igat on unless he has, or but lor his own in'rproper act or defau t mighi have had, funds in hls hands belonging to the owner suflicient ior the purpose.
(6) The burden of proving any fact entitLing a receiver, aqenl or trustee to relief under sub-section {5) shall lie upon hlm.
(7) Where any receiver, agent or trustee has claimed and establ shed his right 1o relief under this section, the Depariment may by notice in wrlting require hlm, to apply to the discharge of his obllgation as aforesaid the flrst money which may come io his hands on behall or for the use of the owner and on fallure to conply with notice, he shall be deemed to be personally liable to discharge the obligation.
(8) Any person who has been convicted of an offence against this Act or any rule made there under shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to ihe property ol the Department resulting from the said oflence as the Department may consider reasonable.
(9) Save as the certificate issued under section 16, section 21, and section 27, in the event ot a dlspute regardlng the amount of reasonab e compensation, payable under sub-section (B) such amounl shall, on application made to him be determlned by the Magistrate before whom the said person was convicted of the offencei and on non-payment of the amount of corrpensation so determined the same shall be recovered under a warrant irom the sald N.4agistrate as if ii were a iine imposed by him on the person liable therefor and remit It to the competent authority.
(10) Where the owner or occupier of the premlses fails to pay the amount due from hlm within the period specified in the notice issued under sub-sections (1), (2) and (7), the compeient authority may, without prejudlce to any other mode o{ recovery, prepare a certiilcate indicating the amount due irom such owner or occupier and send the same to the Judicial Maglslrate oi the First Class of lhe area ln which the premises or land is sltuated.
(11) The JLrdicial Magistrate to whom the certificate is sent shall realize the amount specllled in such certificate as iI lt were a line imposed by such l\lagjstrate and remit the same to the competent authority".
ln ihe prlncipal Act, after section 37, the followlng section shall be inseded, namely:-374
35.
"37 A. Notices
(1) Where any notice, bill, order or requisiiion issued or made under this Act or any rule made thereunder, requires anything to be done ior the doing of which no time is fixed in this Act or the rule made thereunder, the notlce, bill, order or requisltion shall specify a reasonable time for doing the same-
(2) All notices, bill, summons and other documents required by this Act or any rule made thereunder 1o be served upon, or issued to, any person, shall be served or issued by such persons as may be authorized by the Department.
(3) Every notice, bill, summon, order requisition or other document required or authorised by this Act or any rule made thereunder to be served or issued on any person shall, save as otherwise provided in this Act or such rule, be deemed to be duly served-
(a) where the person to be served ls a company ii the document is addressed to the Secretary of the Company at its registered office or at its principal ofiice or place of business and is either"
(i) sent by speed post or registered post; or
(ii) delver at the registered ofiice or at the principal oijice or place of business of the company;
(b) where the person to be served is a partnership, lf the document is addressed to the partnership at its principal place of business, identifying it by the name and style under which its business is carried on, and is either-
(i) sent by speed post or registered post; or (.) delivered al r1e saio place of bus'1essi
(c) where the person to be served is a public body of a Department, orqanization, society or other body, if the document is addressed to ihe Secretary, Treasurer or other head of otfice of that body, Department, organization, or society at its principal office, and is either-
(i) sent by speed post or registered posl; or
(ii) delivered at that office;
(d) in any other case, ii the documenl is addressed 10 the person to be served and-
(l) is given or tendered to him;
(ii) i'f such person cannot be found is given or tendered to some adult member of his iamily; or {u -23 -
(ll) is sent by speed post or registered post to that person
(4) Any document which is required or auihorized to be served on the owner or occupier of any and or buildlng may be addressed as, 'the owner'or'the occupief as the case may be, ol that land or building (identifying that land or building) without further name ol description, and shall be deemed to be duly served-
(a) if the document so addressed ls sent oT delivered ln accordance wiih sub-sectlon (5) and its relevant sub clause; or
(b) where a document is served on a partnership in accordance with thls section, the document shall be deemed to be served on each pafiner' if the document so addressed is sent or delivered in accordance with sub-section (5) and iis re evant sub-clause
(5) For the purpose oi enabling any document to be served on the owner of any premises the Public Health Engineer or any other olfjcer authorized or empowered to do so may by notice in wriling requlre the occup er oi the premises to state the name and address of the owner thereof.
(6) Where the person on whom a document is to be served is a minor ihe service upon his guardian or any aduli member of his iarni y shall be deemed to be served upon the minor'
(7) Nothing in the sub-sections (1)to (5) shall apply to any summons issued under this Act by a Court.
(8) ln the event of non"compliance with the terms of any notice, order or requisiiion issued to any person under this Act or any rule made there under, requiring such person io execute any work or to do any act, it shall be lawiul for the auihority or officer at whose instance the notjce, order or requisition has been issued, to iake such acilon or such steps as may be necessary for the completion of the act or the work requlred to be done or executed by such person and all the expenses incurred on such account shall be payable to the Department on demand and ii not paid within 15 (flfteen) days after such demand, the expenses shall be recoverable as an arrear of charges payable under this Aci, whether or not the person in defauLt ls liable io punishment ior such deiau t or has been prosecuted or sentenced to any punishment thereof.
(9) No notice, order, requisitlons, permjsslon in writjng or any other documeni issued under this Act or any rule shall be invalid merely by reason oi any defect ln lorm or detail."
-24' 2:1 Amendment of Section 38 Amendment ol Section 39
36.
37.
ln the principal Act, in section 38, in clause (a) oi subsection (2), after the word "firm" and belore the words "or other associaUon", the word "organization" shal be lnserted.
ln the prlnclpal Act, for section 39, the fo owing shall be substituted, namelyi- "39. Sanction for prosecution, Arrest
(1) No prosecution shall be instltuted under this Aci without the permission ln writing of the Government
(2) Save as otherwise provided in this Aci, no Court shall proceed with the trial of any oflence made punishable by or under this Act or any rule, except on the complalnt of or upon written informaiion received from, the Public Health Engineer or any officer authorlzed by the compelent authority.
(3) The Chief Engineer, the Publjc Health Engineer, or any offcer authorised in this behalf by the Competent Auihority or any police ofiicer who shall be, of, or equa to or higher than the status of a sub-inspector ol police may arrest any person who commlts in his view any olience againsl this Act or against any ru e made there under, if,-
(a) the name and address oi such person be known to him; and
(b) such person on demand decLines to give his name and address or gives a name and address which such oilicer has reason to believe to be false
(4) No person so arrested shall be detained in custody after his true name and address are ascertained or' without the order of the nearest l!4agistrate, ior a period longer than twenty-four hours from the tirne oi arrest exclusive of the time necessary for the journey from the pLace ol arest to the Court ol such Magistrate
(5) lf the compelent authority has reason to believe that an ofience has been committed rn vio ation of any provisions of this Act or rules made thereunder, the o!!ner, the person prirnarily liable for the payment ol the charges ior water, and the occupiers of the sajd premises shall be jointly and severa ly liable lor such oiJence."
38. ln the principal Act, in section 40,-
(j) lor the marginal heading "De egation", the headlng "Delegation, Competent Authority delegaiion" shall be substituted;
marginal and Be- Amendment of Section 40 (-- 25 - Amendment Section 41 Amendment ol Section 42
(ii) after sub-section (2), the iollow ng sub-sections shall be inserted, namely:- "(3) The Pr ncipal Chief Englneer-cum-Secretary of the Department shal be competent authoriiy in respect oi the adm nistration of ihis Act and for that purpose may exercise al powers necessary in that behalf or delegate It io a subordlnate authority by an order in writing.
(4) The Chief Engineer or any olher olficer or oiilcers notllied by an order of the competent authority in this behall may a so exeTc se any power or periorm any lunction entr!sted to him by such notificatlon."
39. ln the pincipal Act,-
(i) section 41 shall be renumbered as sub-section (1) thereof and in sub-section('l) as so re-numbered, after the word "thereunder" and before the words "shall, on conviction", the words "or fails io comply with any order or direction lawfully given to him or any requisillon lawfully made upon him under any of the said provlsions" shall be inserted;
(ii) alter sub'sectlon (1) as so re-numbered, the iollowing sJb-secrions sl_a be i_seneo. ^arrey:- "(2) ln the case oi a contlnuing coniravention or failure after conviction, such coniinuinq of contravention or failure shall be punishable with dally fine which may extend to one hundred rupees for every day during which such contravention or failure continues after conviction.
(3) Action taken under Act or the rules made thereunder, against any person shal be wiihoui prejudice to any penaltles to which he may otherwise be liable under any other Law."