Kerala Water Supply and Sewerage Act, 1986

No: 14 Dated: Aug, 04 1986

Kerala Water Supply and Sewerage Act, 1986

(Act 14 of 1986)

    An Act to provide for the establishment of an autonomous authority for the development and regulation of water supply and waste water collection and disposal in the State of Kerala and for matters connected there with.

    Preamble. - Whereas it is considered necessary to provide for the establishment of an autonomous authority for the development and regulation of water supply and waste water collection and disposal in the State of Kerala and for matters connected therewith.

Be it enacted in the Thirty-seventh Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Water Supply and Sewerage Act, 1986.

(2) It extends the whole of the State of Kerala.

(3) It shall be deemed to have come into force on the 1st day of March, 1984.

2. Definitions. - In this Act, unless the context otherwise requires,-

(i) "Authority" means, the Kerala Water Authority constituted under section 3;

(ii) "cess-pool" includes a settlement tank or other tank to receive or dispose of foul matters from any premises;

(iii) "Chairman" means the Chairman of the Authority;

(iv) "communication pipe" means any pipe or system of pipes, along with all fittings thereto, by means of which water is supplied to any premises from the main, and includes a connection pipe, service pipe, meter or other fittings;

(v) "connection pipe" means any water pipe from a ferrule to stopcock connecting the distribution main with the service pipe;

(vi) "Consumer" means any person getting the benefit of any water supply or waste water service from the Authority;

(vii) "domestic sewage" means waste water from any residence, boarding or lodging - house, hostel, hotel, public place, office or any such establishment as is not a part of any trade or industry, and arising out a personal and normal human activities such as drinking, bathing, ablution, washing and cooking ;

(viii) "drain" means every part of any conduit laid through, under or above a street, way or land whether public or private by or at the expense of the owner or occupier of any premises for the carriage therefrom of any waste water to any sewer ;

(ix) "ferrule" means a ferrule connecting the connection pipe with the main ;

(x) " fire hydrant" means hydrant fixed on the water main other than the trunk main for affording supply of water for extinguishing any fire ;

(xi) "local area" means the area falling within the jurisdiction of a local body;

(xii) "local body" means a city corporation, a Municipal council, a township or a panchayat ;

(xiii) "main" means a pipe laid by the Authority for the purpose of giving a general supply of water as distinct from a supply to an individual consumer, and includes any apparatus used in connection with such a pipe;

(xiv) "Managing Director" means the Managing Director of the Authority ;

(xv) "member" means a member of the Authority ;

(xvi) "occupier", in relation to any premises, includes;-

(a) any person for the time being paying or liable to pay rent or any portion thereof to the owner in respect of those premises ;

(b) the owner who is in occupation of the premises ;

(c) a tenant of the premises who is exempt from payment of rent ;

(d) a licensee who is in occupation of the premises ; and

(e) any person who is liable to pay damages to the owner in respect of use and occupation of the premises ;

(xvii) "owner", in relation to any premises, means the person who receives the rent of that premises or who would be entitled to receive the rent thereof if the premises were let, and includes,-

(a) an agent or trustee who receives such rent on account of the owner;

(b) an agent or trustee who receives the rent of, or is entrusted with the management of, any premises devoted to religious or charitable purposes ;

(c) a receiver or manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises; and

(d) a mortgage in possession ;

(xviii) "Premises" means any land or building and includes-

(a) the garden, land and outhouses, if any, appertaining to a building or part of a building; and

(b) any fittings affixed to a building or part of a building for more beneficial enjoyment thereof;

(xix) "Prescribed" means prescribed by rules made under this Act ;

(xx) "Private street" means any street, road, square, court, alley, passage or riding-path which is not a "public street", but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises ;

(xxi) "public hydrant" means hydrant meant for supply of water to the public within a local area ;