Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (SUPPLY OF WATER TO THE INDUSTRIAL ESTATES) REGULATIONS, 1991 CONTENTS 1. . 2. . GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (SUPPLY OF WATER TO THE INDUSTRIAL ESTATES) REGULATIONS, 1991 [Notfn. No. GIDC/ENG/(PH)/LAW/AMD/18, dt. 20-9-1991, pub. in G.G.G. Ext.. dt. 3-10-91. p. 1550].-in exercise of powers conferred by section 54 of the Gujarat Industrial Development Act, 1962 (Guj XXIII of 1962) and in supersession of all the existing rules made in this behalf, the Gujarat Industrial Development Corporation with the previous approval of the Government of Gujarat, hereby makes the following regulations for supply of water to the Industrial Estates of the Gujarat Industrial Development Corporation namely: 1. . :- These regulations may be called the Gujarat Industrial Development Corporation (Supply of Water to the Industrial Estates) Regulations, 1991. 2. . :- Where the holder of any plot or shed or other property of the Gujarat Industrial Development Corporation (hereinafter referred to as the "Corporation") in an industrial estate of the Corporation desire to obtain water for any industrial domestic or any other purpose from the water supply systems operated by the Corporation in the Industrial estate, he shall make an application to the Executive Engineer or his authorised representative in-charge of the water supply system in the estate, (hereinafter referred to as "the Officer-in-charge" in the form appended hereto. The Officer-in- charge of his authorised representative may sanction the application and water from the water supply system may be supplied to the applicant subject to the terms and conditions any payment of charges specified hereinafter and only after the execution of agreement with the Corporation. TERMS AND CONDITIONS AND CHARGES: (1) The quality of water to be supplied from the Corporation's water works shall be depended on the source from which water is obtained by the Corporation for the water works. If any improvement in the quality of water is required by the consumer for any purpose, the consumer shall have to make his own arrangement for such improvement at his cost. (2) Water shall be supplied to the consumer during such hours as may be fixed by the Officer-in-charge. In case the consumer requires continuous supply and if it is not possible for the Corporation to supply the same accordingly, the consumer shall have to make his own provision for sufficient storage. If the consumer requires the requisite pumping arrangement will have to be made at his cost. Event if requirement is not continuous storage should be invariably made to take care of unavoidable and unforeseen interruptions. (3) In case the supply of water from the water works of the Corporation is affected due to drought, accident or any other reasons, the Corporation will take all reasonable steps to restore the water supply as early as possible, but in no case shall be Corporation be liable for damages or failure of water supply to the consumer on any account. (4) (i) The charges for taking connection from the Corporation main will have to be born by the consumer. The charges for connection of sizes will be as specified by the Corporation from time to time whereas the charges for giving connection of five centimeters and above will be estimated by the Officer-in-charge and recovered from the consumer. Such connection will be given by the Corporation from the pipeline, nearest to the plot or shed of the consumer of from a most convenient point in the distribution system from where such connection can be given depending on the quantity required by the consumer. In no case, connection will be given unless drainage arrangements upto the public drain of the Corporation have been made by the consumer for the disposal of waste water and approved by the Officer-in-charge of the Corporation. (ii) The pipe line from the connection point on the main of Corporation upto and within the premises of the consumer shall be laid by the consumer at his cost. The connection on the pipe line of the Corporation will be made by the Corporation and charges will be recovered thereof as specified by the Corporation. Any damage caused to road or any other structure shall be made good by the consumer to the satisfaction of the Officer-in-charge. (5) In an industrial estate, the charges for water supply to the consumer shall be calculated at such rate as may be fixed by the Corporation from time to time for that estate: Provided that where water rate once fixed is to be altered one month's notice will be given to the consumer. (6) the consumer shall fix at his own expenses and to the satisfaction of the Officer-in-charge a meter on his water connection within his premises at the most convenient site and the consumer shall be liable for any damage to the meter and for the cost of all repairs. The consumer shall keep the meter in clean conditions to enable the reading to be taken. A meter box with glass window shall be provided for the protection of the meter. The same shall be sealed. (7) All the water supply to the consumer shall be charged according to the quality consumer as registered by the meter. (8) the Consumer shall initially pay to the Corporation by way of Security Deposit, a sum equivalent to the estimated charges for the water supply quantity mentioned in water supply application for two months before the connection is given and shall if subsequently called upon to do so pay additional sum by way of Security Deposit as may be determined by the Officer-in-charge, for one month based on the quantity of water actually consumed after the connection is taken by the consumer. (9) The meter reading will be taken by the Corporation's staff monthly/bimonthly/ quarterly as decided by the Corporation. Monthly/ bi-monthly/quarterly bills indicating the amount, payable, by the consumer for the water charges will be delivered to the consumer and the amount so charged shall be paid by the consumer within fifteen days of the date of the bill. If the payment is not made within this period than the arrear including penalty charges as applicable shall be shown in this next bill, is also not paid within fifteen days of the date of the bill, then all the water supply connections in the name of consumer will be disconnected without any notice. If there be any dispute regarding the amount of charges demanded, the charges shall have to be paid as per demand and refund will be asked thereof. (10) In the event of the mater reading appearing to be incorrect, the meter shall be tested at the Corporation's testing room or by any other agency approved by the Corporation at the expenses of the consumer and if found incorrect by five percent, or either side or in the event of consumption not being recorded due to meter being out of order or removed for the purpose of overhauling, cleaning testing or repairs or due to any other causes, the charges recoverable for water supply shall be based on the supply during the month immediately proceeding or the month immediately succeeding or the average supply during the same month during the previous year or any period during which in the opinion of the Officer in-charge the consumption was most likely to be similar. Adjustment would be considered by the Officer-in-charge of the Corporation on account of any circumstances which in the opinion of the Officer-in-charge might have materially affected the supply during the period In question in the event of no such record, the consumption shall be calculated by the Officer-in-charge having regard to the size of the connection, pressure, hours, of supply etc. and his decision subject to appeal to the Superintending Engineer of the respective circle of the Corporation shall be final and binding on the consumer. (11) If the meter which is fixed by the consumer goes out of order it shall be repaired by the consumer immediately and re-fixed in the presence of a person authorised in this behalf by the Officer-in- charge. The water charges under this circumstances shall be levied on the basis of average as per the condition No. 10 for the two months. Thereafter penalty shall be charged at the rate If 50% for the third month, 75%for the fourth month, 100% for the fifth month, in additional to the charges as per first month. If the meter is not repaired within five months, connection shall be cut off at the end of fifth month without any notice of connection will be treated as un-metered and charged accordingly at discretion of the Officer- in-charge. (12) The consumer shall not allow any other party to use water or shall not use water for a purpose other than for which the connection is taken. In the event of such supply being detected, a penalty at double the rate shall be recovered for the quantities so supplied or used and if the default continuous, the Corporation will be at liberty to cut off the connection by giving three days notice to the consumer. (13) the Officer-in-charge shall have power to disconnect all the connection on the name of consumer between the consumer's pipe and Corporation's water supply main tn any of the following events: (a) If the leakage or any other defects in the consumer's pipeline is likely to cause loss to the Corporations. (b) If water is allowed to run waste after the consumer having been warned by a notice in writing by Officer-in-charge not to allow to do so. (c) In the case of broken pipes or fittings causing loss of water which are likely to cause damage to property. After such notice as may be possible has been given to the consumer. (d) In the case of refusal to allow the Officer-in-charge or his authorised agent to enter on any land or premises for the purpose inspecting service pipes fitting and other appliances or taking meter readings. (e) If the consumer fails to embed pipes, which are exposed, or any lying above the ground surface in a manner approved by the Officer-in-charge or to remove pipes from the place which in the opinion of the Officer would because contamination of water supply in each case within a period of 48 hours from the date issue of a written notice to him by the Officer-in-charge. (f) If a pump or any other contrivance for Increasing the supply of water through a pipe be unauthorisedly connected to the service pipe. (g) If the consumer fails to provide suitable arrangements for the proper disposal of the waste water. (h) If any attempt is made to obtain water supply directly from the connection and by bye passing the meter fixed. (i) If any attempt is made to temper with the meter in any way, (j) If unauthorised bores are drilled. (k) Obtaining prior approval of the Executive Engineer if pollution nuisance is created by the consumer. (l) Obtaining prior approval of the Executive Engineer, if at any stage any unauthorised construction is carried out by the consumer. (14) where water connection is cut off due to any default of the consumer, the connection can be resumed thereafter only on the consumer paying the reconnection charges at the rate prevalent at that time, and after all the dues are cleared by the consumer. (15) the consumer may get water connection stopped for any period by giving fifteen days notice in writing to the Officer- in- charge, only after first three years. In such a case, he will have to pay the reconnection charges at half the rate as prescribed by the Corporation. Water charges shall be paid by the consumer upto the end of the notice period. Also during disconnection the industries will pay 70% charges of committed water supply. (16) In the event of a change in the ownership of the water connection, the new consumer will have to make an application to the Officer-in-charge to register the connection in his name and after signing the agreement he shall be entitled to draw the water only after permission is granted by the 0fficer-in-charge. New connection be released only after previous dues and liabilities towards the Corporation are cleared. (17) If the connection is given to the premises outside the limits of the Corporation industrial estate, water charges shall be calculated at double the prevailing rates fixed by the Corporation from time to time for the respective industrial estate and the supply of water shall be subject to the other terms and conditions here in specified and any additions and alterations as may be specified while giving the connection and all other water supply rules as in force from times to time shall be applicable to them also. (18) If the water is taken by any consumer without permission from the Corporation, the unauthorised connection will be cut off and water charges will be recovered at four times the rate prescribed for the purpose for the likely quantity consumed as assessed by Officer-incharge from the date of possession or as may b e fixed by the Officer- in-charge at his discretion depending on the likely quantity consumed. (19) In case a connection is out off the reconnection charges shall be payable at the revised rates in force from time to time. (20) The water connection given by the Corporation under these conditions shall be further subject to the provisions of the GUJARAT INDUSTRIAL DEVELOPMENT Act, 1962 and the Regulations thereunder that may be in force from time to time. (21) The consumer shall provide Indian Standard Institute approved water meter. The Corporation shall have right to check the calibration of the meter. (22) The Corporation will charge minimum commitment charge to the party for the water requirement more than 50,000 litres per day. The commitment charges will be levied on the 70 per cent of quantity demanded by the party. The party shall not be allowed to change the demand of water supply requirement in the allotment application except under approval of the Managing Director of the Corporation for genuine case of extreme hardship. (23) If an illegal bore is detected in the premises of any consumer, he shall be liable to pay minimum charges as per his commitment in the allotment application, at double the prevailing water rate, over and above the legal actions that will be taken by the Corporation as per regulations and rules made under the Act.