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In exercise of the powers under sections 34, 35 and 36 and sub section
(1) and clause (i) of sub-section (2) of section 81 of the Chennai Metropolitan
Water Supply and Sewerage Act, the Board with the autonomous power
accorded in G.O.MS.No.75 M.A. & W.S. Dept. dt.8.5.98 makes the
following Regulations for Levy and Collection of Water tax and Sewerage Tax
on the premises within the Board’s area.
1. Short title and Commencement 1) These regulations may be called the Chennai Metropolitan water Supply and Sewerage Board's Water Tax and Sewerage Tax (levy and collection) Regulations 1991. 2) These regulations shall come into force from the 1st day of April 1991. Definitions In these regulations, unless the context otherwise requires:- (a) “Act” means the Chennai Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978) (b) “Assessed Annual value” means the annual value of a premises determined under section 35 of the Act and forms the basis for levy of the water tax and sewerage tax.
(c) “Premises” means any land or building. (e) “Water tax” means a tax levied on premises situated within the Board’s area under sub-section (1) of section 34 of the Act. (f) Words and expressions used and defined in these Regulations but defined in the Act shall have the meaning respectively assigned to them in that Act. ASSESSMENT BOOKS
3. The authorized authority shall prepare
and keep assessment books in such form and in such parts and sections as he
considers fit, showing the persons and premises liable to taxation under this
Act. The assessment books and where detailed particulars relating to any assessment are kept in separate records, the portion thereof containing such particulars shall be open at all reasonable times and free of charge to inspection to any person who pays 4. Any tax to the Board and such persons shall be entitled to take extracts free of charges from the said books and records. 5. The relevant portion of the Board’s tax ledgers shall be open to inspection free of charges by any person who pays tax to the Board on a day or days in each month to be fixed by the Board.
(a) a Water Tax and (b) a Sewerage Tax (2) The taxes mentioned in clause (1) shall be levied at such rates as specified in Regulation 7 subject to the ceilings indicated in sub section (2) of section 34 of the Act. RATES OF TAXATION 7. (i) The rate of tax shall be as below on each premise per annum:- (i) Water tax 1.5% of assessed annual value ; and (ii) Sewerage tax 5.5.% of assessed annual value. (2) In the case of any land which is not appurtenant to any building or which is occupied by or appurtenant to huts the authorised authority may assess the land or premises, as the case may be, with reference to extent in lieu of annual value and at such rates as he may himself determine subject always to the following maximum per ground of land measuring 220 square metres.
(a) Water Tax : Rs.1/-
(b) Sewerage tax : Rs.2/- RAISING OF WATER AND SEWERAGE TAX DEMANDS AND PAYMENT CONDITIONS The amount of tax determined under regulation 8 of these regulations shall be divided into two equal half yearly demands and levied each half year commencing on the 1st day of April and 1st day of October and ending on the 30 th day of September and 31st day of March respectively. Save, as otherwise, expressly provided in these regulations the half yearly demand for water and sewerage tax is arisen within fifteen days of the commencement of the half year, which is payable as prescribed by the competent authority. The Board may also notify executive order for further extension of time for payment from time to time as it may consider appropriate. 10.The payment of water and sewerage tax shall be made as specified in the demand notice, water and sewerage tax card or as intimated by the Board from time to time. 10 (i) The Board shall levy surcharge at the rates specified from time to time for the belated payment of water and sewerage tax. Surcharge is being levied at 2% per month on recurring basis w.e.f. 1.10.1997 upto 31.3.2003 and 1.25% p.m. from 1.4.2003 onwards. In respect of appeal preferred by the assessees for revision of Annual Value, the allowable time for payment at revised rate would be 30 days from the date of receipt of order or from the date of intimation from the Board whichever is earlier.
11.As long as the Board adopts the annual value specified in sub-section (3) of section 35 of the Act, it need not maintain separate assessment books and instead record in its tax ledgers, the annual value and tax payable in respect of each premises.
12. The Board shall enter in the assessment books the annual value of assessed
premises and the tax payable thereon such assessment books shall also record
the following particulars with regard to each assessable item.
(a) The serial number (b) The tax payers code number (c) A clear address of the premises giving the door number, or survey number, Street name, Postal Zone, Corporation division. (d) The name of owner and occupier. (e) A description of the premises with extent of land (f) The annual value and(g) The water tax and sewerage tax to which it assessed to.13. The gross annual rent for the purposes of Section 34 and 35 of the Act shall be determined based on information made available on the rental value of the premises, other relevant information on the rent fetched by similar premises in the neighbour hood and guidelines issued for determining the monthly rental value from time to time. 14. Every building shall be assessed together with its site and other adjacent premises occupied as appurtenances thereto unless the owner of the building is a different person from the owners of such site or premises. 15. Any premises the assessed annual value of which is less than thirty six rupees shall be exempted from water tax and sewerage tax, provided, that the owner thereof is not liable to profession tax or income tax and provided further that no other building or land is owned by him is less than thirty six Rupees. REVISION OF ASSESSMENT
16. An assessment once made shall continue in force until a revised assessment
takes effect.
17. Assessment shall normally be revised once in five years. For this purpose the authorized authority may with the approval of the Board arrange the territorial divisions of the city in such groups as may be considered necessary and revise the assessment books relating to each group by rotation once in five years. 18.(1) When assessment books have been prepared for the first time , or whenever a general revision of such books has been completed under regulation 17 or revision due to any improvement in construction of the premises, the authorised authority shall give a notice to the owner stating. (a) the time and place where the books may be inspected. (b) the half year from which the fresh assessment of revision takes effect, and (c) that objections will be considered if they contact the Board’s office within fifteen days from the date of notice. (2) The authorized authority may after taking note of objections, if any, finalise the tax assessment books and communicate the same to the owner of the premises. Such assessments shall be deemed to take effect from the first day of the half year in which it is made. ESCAPED ASSESSMENTS
19. Notwithstanding anything to the contrary contained in the Act or these
regulations made there under, if for any reason any person liable to pay any
of the taxes under these regulations has escaped assessment in any half year
or a year or has been assessed any half year or year at a rate lower than
the rate at which he is assessable or, in the case of water tax and sewerage
tax has not been duly assessed in any half year or year consequent on the
building or land concerned having escaped proper determination of its annual
value, the authorised authority may at any time serve on such person
a notice assessing him to the taxes due and demanding payment thereof within
fifteen days from the date of such service, and the provisions of the Act
and the regulations made there under shall so far as may apply as if
the assessment was made in the half year to which the tax or fee relates.
NOTIFICATION FOR REVISION OF TAX
20. An increase or decrease in the rate of tax shall not constitute an
amendment or revision and such change in the rate of tax shall take effect
from the date fixed for levy.
POWER TO ISSUE SUPPLEMENTAL DEMANDS
21. In the event that the tax demanded by the Board for a half year has
either errors or arithmetical errors, the Board may issue a supplemental demand
correcting the same either in the same half year or in any subsequent half
year.
CHANGE OF OWNERSHIP
22. (1) Whenever the title of any person primarily liable to the payment
of the water tax and sewerage tax on any premises to or over such premises
is transferred, the person whose title is transferred and the person to whom
the same shall be transferred, shall within three months after the execution
of the instrument of transfer or after its registration if it be registered
or after the transfer is effective, if no instrument be effected, give notice
of such transfer to the authorised authority.
(2) In the event of death of any person primarily liable as aforesaid the
person to whom the title of the deceased shall be transferred as heir or otherwise
shall give notice of such transfer to the authorised authority within one
year from the date of the death of the deceased. (4) Every person who makes a transfer as aforesaid without giving such notice to the authorised authority shall continue to be liable for the payment of the water tax and sewerage tax assessed on the premises transferred until he gives notice or until the transfers have been recorded in this Board’s registers, but nothing in this clause shall be held to affect the liability of the transferee for the payment of the said tax or the prior claim of the Board under regulation 28. NEW ASSESSMENT AND REMISSION23. (1) (a) If any building in the Chennai Metropolitan Area is constructed or reconstructed the owner shall give notice thereof to the authorised authority within fifteen days from the date of completion or occupation of the building, whichever is earlier.(b) If such date falls within the last two months of the half year, the owner shall, subject to the notice, being given in sub- clause (a) of clause (1) be entitled to remission of the whole of the tax or enhanced tax, as the case may be payable in respect of the building only for that half year. (c) If such date falls within first four months of the half year, the owner shall subject to notice being given in sub-clause (a) be entitled to remission of so much not exceeding half of the tax or enhanced tax as the case may be payable in respect of the building only, for that half year as is proportionate to the number of days in that half year preceding such date. (2) (a) If any building in the Chennai Metropolitan area is demolished or destroyed, the owners shall, until notice thereof is given to the authorised authority be liable for the payment of the tax for which he would have been liable had the building not been demolished or destroyed. (b) If such notice is given within the first two months of the half year, the owner shall be entitled to a remission of the whole of the tax payable in respect of the building only for that half year.
(c) If such notice is given within the last four months of half year, the
owner shall be entitled to a remission of so much not exceeding a half of
the tax payable in respect of the building only for that half year as is proportionate
to the number of days in that half year succeeding the demolition or destruction
as the case may be. 24. If any amount due on account of water tax and sewerage tax as determined under the Act and the regulations is not paid before the due date prescribed by the authorised authority, the Board shall issue a notice for cutting off water or sewer connection or both between any water or sewer works main or pipe line of the Board and the premises to which water is supplied or sewerage is provided giving a further grace time as decided by the competent authority. 25. If the taxes due to the Board are not paid even after the grace time as specified in the notices issued under Regulation 24, the authorised authority shall proceed to cut off water supply or sewerage connection. 26.Restoration of water supply or sewerage cut off under regulation 25 shall be done only after payment of the entire charges due together with a penalty of Rs.50/- (Rupees fifty only) and payment of all disconnection and reconnection expenses incurred by the Board. The authorised authority shall order reconnection after satisfying himself that all payments due have been made. The Board may at its discretion grant time for payment in exceptional cases. 27.Request by tenants that the owners are liable to pay the tax dues and hence disconnection of water supply need not be given effect to shall not be considered. Requests that water supply should not be cut off for non-payment on the plea that such arrears are due by previous owners shall not be considered. LIABILITY FOR PAYMENT OF TAX
28.The water and sewerage tax on buildings and lands, shall, subject to
the prior payment of land revenue, if any, due to the Government there on, be
first charge upon the said premises or lands and upon the movable properties,
if any found within or upon such premises and belong to the person liable
to such tax.
SAVING CLAUSE
29.Until such time the proposed regulations defined and determined under
the Act and given effect to, the existing regulations or bye-laws of the Chennai
Municipal Corporation, Municipality, Panchayat or any other local authority
shall be in force.
PROCEEDING FOR COLLECTION OF WATER AND SEWERAGE TAX.
30.Where any tax due under these regulations have not been paid within
the time prescribed, the authorised authroity shall cause to be served
upon or sent to such person a demand for the sum due failing which
proceedings under regulation 31 below would be enforced. Provided always that the movable property described in the provision to sub-section (1) of section 60 of the code of civil procedure, 1908, shall not be liable to distraint. ii. If for any reason the distraint or, a sufficient distraint of the defaulter’s property is impracticable, the authorised authority may prosecute the defaulter before a Magistrate. iii. Nothing herein contained shall preclude the Board from suing in a Civil Court for the recovery of the water and sewerage tax , or other amount due to it under the Act. 32.Under a special order in writing of the authorised authority any officer charged with execution of a warrant of distress may between sunrise and sunset break open any outer or inner door or window of a building in order to make the distress if he has reasonable ground for believing that such building contains property of the defaulter which is liable to seizure, and if after notifying his authority and purpose and duly demanding admittance he cannot otherwise obtain admittance: Provided that a period of the time prescribed shall be allowed for paying the amount due and redeeming the property seized. 33.The officer charged with the execution of a warrant shall, before making the distraint, demand payment of the tax due and the warrant fee. If tax due and warrant fee are paid, no distraint shall be made and if the tax or warrant fee are not paid the officer shall;
ii.) Make an inventory of the property seized; and iii) give to the person in possession of the property seized at the time of seizure, a copy of the inventory and notice of sale; Provided that a period of seven days shall be allowed for paying the amount due and redeeming the property seized. 34. The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the tax due by the defaulter together with all expenses incidental to the warrant distraint, detention and sale. 35. I) If the amount due by the defaulter on account of water and sewerage tax, the warrant fee, distraint fee and the expenses incidential to the detention of the property are not paid within the time prescribed , under proviso to regulation 35 and if the distraint warrant is not suspended by the authorised authority, the property seized or sufficient portion thereof shall be sold by public auction under the orders of the authorised authority who shall apply the proceeds of the sale to the payment of the amount due on account of the tax due, the warrant fee and the distraint fee and the expenses incidental to the detention and sale of the property, and shall return to the person in whose possession the property, was at the time of seizure, any property or some which may remain after the sale and application of the proceeds thereof as aforesaid, if application is made by such person within the time prescribed from the date of sale. If no such application is made, the property of some so remaining shall be forfeited to the Board. if the proceeds of the sale are insufficient for the payment of the amount due on the account of the water and sewerage tax , the warrant fee and distraint fee and the expenses incidental to the detention and sale of the property, the authorised authority may again proceed under regulation 33 and 34 of this part in respect of the sum remaining unpaid. ii) When the property seized is perishable or subject to speedy natural decay or if the expenses of keeping it together with the water and sewerage tax due shall exceed the value of the property, the authorised authority may sell it at any time before the expiry of the same period of the time prescribed unless the amount is sooner paid. iii) The authorised authority shall consider any objection to the distraint of any property which are made within the same period of the time prescribed and may postpone the sale, pending investigation thereof , if the authorised authority decide that the property attached was not liable to distraint, he shall return it or if it has already been sold the proceeds of the sale to the person appearing to the entitled thereto and may again proceed under regulation 33 and 34 and all fees and expenses connected with the first distraint and sale shall be recoverable from the defaulter if it shall appear to the authoritsed authority that he wilfully permitted the distraint of the property when his knowledge was not liable to distrain.
36. i) Fees shall be levied on such distriants with reference to the amount
due for which ‘the distraint is made and according to the rates specified
in the following Table;
ii) Such fee shall include all expenses, except, a) the cost of maintaining any live stock or the expenses incidental to the detention of the distrained property ; and (b). the tax payable on account of person having or put incharge of the property, namely, Rs.5/- per day per person. 37. i) The immovable property of defaulter may be distrained wherever it may be found within the state of Tamil Nadu. ii) If it is necessary to distrain property outside the limits of the city, the authoritsed authority shall address this warrant to such public servant having local Jurisdiction as the Government of Tamil Nadu may be general or special order direct. iii) Such public servant shall execute the warrant himself or cause it to be executed by some person subordinate to himself. iv) Subject to the modification set out in the following clauses, the provisions of regulations 35 and 39 (both inclusive) shall apply to the execution of the warrant and the disposal of the sale proceeds. v) For the purpose of action under regulation35, no special order in writing of the authorised authority shall be required but if the Public servant to whom the warrant is addressed charges any subordinate to the execution thereof, he shall furnish such subordinate with a special order in writing to that effect and such subordinate shall then have authority to take action under the regulation. vi) For the purpose of action under Regulation 37, the public servant to whom the warrant is addressed may without further orders from the authoritsed authority, sell or direct the sale of the property seized and shall on completion of the same, transmit proceeds to the authorised authority subject to such deduction, if any, as may be necessary to meet expenses incurred locally. vii) It shall be unlawful for such public servant himself or for any person subordinate to him to purchase directly or indirectly any such sale. 38.If the water and sewerage tax due on any account of any building or land remains unpaid in whole or in part at the end of the period, specified in regulation 24, the authorised authority may, if the said tax due have retained unpaid for more than the time prescribed, require the occupier for the time being of such building or land to pay the amount within a specified period and if the occupier fails to comply with such requisition, the authorised authority may distrain and sell any immovable property found on the building or land and the provisions of the foregoing regulations shall mutatis mutandis apply to all distraints and sales effected under this regulation; Provided that no occupier shall be liable for prosecution or to a civil suit in respect of any sum recoverable from him under these regulation unless he had wilfully prevented distraint or a sufficient distraint. 39.If any tax due from any person remains unpaid in whole or in part at end of the period specified in regulation 9 and 10 and such a person has left India or cannot be found, the said amount or such part thereof as remains unpaid together with all sums payable in connection therewith shall be recoverable as if it were an arrears of land revenue. 40.i. If any tax due from any person remains unpaid in whole or in part at the end of the period specified in regulations 9 and 10 the defaults shall be liable on proof to the satisfaction of the Magistrate that he willfully omitted to pay the amount due by him to pay a fine not exceeding twice the amount which may be due by him on account of a) the tax due and the warrant fee, if any, and b) if distraint has taken place, the distraint fee and the expenses incidental to the detention and sale , if any, of the property distrained.
ii) Whenever any person is convicted of an offence under sub-clause (i)
of this clause the Magistrate shall in addition to any fine which may
be imposed recover summarily and pay over to the Board the amount, if
any, due under the heads specified in items (a) and (b) of sub-clause (i)
of this clause and may in his discretion also recover summarily and pay to
the Board such amount, if any, he may fix as costs of the prosecution.
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MANAGING DIRECTOR
CMWSS BOARD. |
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Regulations for levy and Collection of Water Supply and Sewerage service charges 1,Pumping station Road, Chintadripet, Chennai - 600 002. In pursuance of the provisions of Section 81 (2) of Chennai Metropolitan Water Supply and Sewerage Act 1978 (Tamil Nadu Act No.28 of 1978) the Board makes the following regulations in respect of levy and collection of Water Supply and Sewerage service charges. |
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| 1. |
i. These Regulations may be called “the Chennai Metropolitan Water Supply
and Sewerage Service charges (Levy and Collection) Regulations 1998”
ii. These regulations shall come into force with effect from 1.10.1998. |
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DEFINITION
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| 2. | In these regulations, unless the context otherwise requires (1) “Act,” means the Chennai Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act No.28 of 1978) and Tamil Nadu Government Act No.56 and 58 of 1977. |
| 3. |
i)“AUTHORISED BANK” means any Bank authorised by the Board to receive payments
of bills for water supply and sewerage service charges.
ii) “AUTHORISED AUTHORITY” means in relation to any power to be exercised or function to be performed under any provision of these Regulations means any committee, Director, Officer of other employee of the Board to whom such power or function has been delegated under section 22 of CMWSS Act, 1978. |
| 4. |
“Commercial
Premises” means
i).Irrespective of consumption of water, premises used fully for business, Commercial complexes, Trade, commerce, building purposes fall under this category. ii)Premises used fully or partly as Theatres, Hotels, Boarding Houses, Lodges, Clubs, Private Hospitals,Private Hostels, Kalyanamandapams, Clinics with inpatient facility, Swimming Baths, Places for keeping animals, vehicles Service Stations, Nurseries, etc. iii)Industries, Railways, Port Trust and all other Business/ Commercial and Industrial Establishments not covered in sub-clause i. & ii of this clause above, Central & State Public Sector Undertakings, Commercial Boards & Authorities. |
| 5. | “PARTLY COMMERCIAL” means: Premises partly used for commercial purposes other than referred under clause 4 (ii) above and shops forming part of Flats, Clinics without inpatient facility, falls under this category. |
| 6. | “CONSUMER” means any person drawing water supply from the Board and or having sewerage connections provided by the Board or owner or occupier of any premises provided with a service connection by the Board; |
| 7. | “DOMESTIC RESIDENTIAL PREMISES” means Dwelling units, Flats, Line of Houses, Residential Govt. Quarters, Raj Bhavan, Residences of Ministers, Judges and other High Dignitories, Legislators Hostel, Hostel of Colleges and Schools recognised by State or Central Govt, places of orphanage recognised by government and includes premises used exclusively for religious purposes and Old age homes. |
| 8. |
“PREMISES” means any land or building;
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| 9. |
INSTITUTIONAL: Premises fully used for Govt. Offices, Govt.
Hospitals, Educational Institutions, Fire Stations and premises used both
for Educational Institutions and Quarters like I.I.T., Anna University are
classified under this category.
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| 10. |
MUNICIPAL BULK SUPPLY: Municipalities, Town Panchayats, including
Manali New Town, CMDA, Village Panchayats and other local bodies for whom
water is supplied for domestic purpose.
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| 11 | “PUBLIC SUPPLY” means the gratuitous supply of water to the public through public hydrants, fire hydrants or other conveniences. |
| 12 |
(i).All premises having water connections from the sources maintained and
operated by the Board and Private Ground Water sources, may be subject to
a charge whether such connections are metered or not as prescribed under these
Regulations. The decision as to which connection shall be metered or
not shall vest with the Board.
(ii).All premises having sewerage connection from the sewerage system maintained and operated by the Board shall be subject to a charge for the allied services rendered wherever applicable. |
| 13 |
The Board shall normally endeavor to render bills for metered premises
at regular intervals as prescribed by the Board from time to time.
It shall however be open to the Board to change the frequency of billing
at its discretion.
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| 14 |
The scale of Tariff and or frequency billing applicable to different
categories of metered consumers shall be as specified in the table
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| 15 | For the purpose of levying the water charges, the quantity of water supply below 500 litres may be ignored and 500 litres and above, the quantity of water shall be charged for the next nearest 1000 litres. | ||||||||||||||||||||||||||
| 16. |
With reference to the classification of any consumer under any of the clauses
mentioned above, the decision of the Board shall be final
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| 17. |
In addition to the tariff, as specified in clause 14, the Board shall also
levy service charges for defray the cost of purchase and installation, maintenance,
repairs, renewal of meters. The service charges shall be as mentioned
below:
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20 mm 25 mm 40 mm 50 mm |
0.50 0.50 4.00 6.00 |
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Meter service charges shall become payable from the date on which the meter
fixed and no deduction shall be allowed in respect of any period during which
the meter is not registering correctly or is under repair or has been removed
for renewal or repairs.
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18.
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The meter shall normally be read every month or periodically as possible
on identical dates. The Depot Managers of the Board shall be visiting
between 7.00 a.m. and 5.00 p.m. for meter reading purpose. The Depot
Managers or authorised authority shall read the meter as far as possible
in the presence of the consumer. If the consumer is not available,
the bill with readings shall be handed over to any person on the premises.
In respect of flats the bill shall normally be made out in the name of the
Secretary of the Association or Residents and if specifically required individual
bills shall be served. Non receipt of the bill shall not however be
accepted as a valid reason for non payment of dues.
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19.
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The owner or occupier of the premises to which a meter is fixed shall be
liable to pay any loss or illegal use thereof tampering therewith or other
damage thereto, such amount as may be considered reasonable by the authorised
authority. He shall also be liable to get the meter repaired at his
cost if so directed by the authorised authority. No person shall alter
the index of any meter or prevent any meter from duly registering the quantity
of water supplied.
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20
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Complaints in regard to the incorrect or excess reading or billing
rates or classification or clerical errors are to be made within 30 days of
the date of the bill otherwise the readings shall be taken as correct and
the bill, shall not be revised. The authorised authority may grant
or refuse stay for payment of the bill for the disputed amount. Complaints
regarding incorrect meters made within the period specified above should be
accompanied by payment of meter testing fee for various sizes of meters as
detailed below:-
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Category of consumer
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Size of meter
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Revised
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1. Domestic
15mm & 20mm Rs. 50.00
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2. Non-Domestic
20mm & 25mm
Rs.100.00
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3. Non-Domestic
40mm & 100mm
Rs.200.00
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4.Flats and Multi-storied Buildings
20mm
Rs.100.00
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5.Flats and Multi storied Buildings
25mm & 50mm
Rs.200.00
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6.Bulk Supply
150mm
Rs.300.00
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The fee shall be forfeited to the Board, if the meter is found to be correct
and shall be refunded if the meter is found to be incorrect. An error
of 5 percent either way shall be ignored.
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| 21. |
**Water intensive means premise used fully or partly as Theatres,
Hotels, Boarding houses, Lodges, Clubs, private Hospitals, Private Hostels,
Kalyanamandapams, Clinic with inpatient facility, Swimming Baths, Places
for keeping animals, Vehicle Service Stations, Nurseries.
Provided that no charge shall be levied under this clause unless the consumer is given a reasonable opportunity of being heard of the charges of tampering or willful removal of the meter. |
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22.
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In the event that a meter fixed having either failed or removed before the first meter reading or before the readings for three consecutive months are taken, water charges shall in such cases, be levied on the basis of subsequent readings for 3 months after the meter is restored or replaced. | ||||||||||||||||||||||||||
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23
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In the case of new connection, if on account of any reason, the Board is unable to fix a meter, the Board shall take note of the subsequent readings for a period of three months when the premises is subsequently metered and adopt the same for billing for the unmetered period. | ||||||||||||||||||||||||||
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24
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The scale of tariff for the unmetered consu mers who are located in premises with a service connection from the Board shall be as specified in the Table |
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25. The Board shall issue a consumer card for recording the payment of
Water Supply and Sewerage Service Charges due under these regulations.
The Depot Manager as specified in section 86 of the Act shall serve the
consumer demand card to the consumer. The consumer shall not refuse
to receive the consumer card on any account.
26. All demands raised shall be paid periodically to the Board within the period as prescribed by the Board from time to time by the Competent Authority. 27. i. If any amount due under these Regulations is not paid within the period as specified by the Board, the authorised authority shall issue a notice for cutting off connection between any water works main or pipeline of the Board and the premises to which water is supplied and sewerage is provided giving a grace time as decided by the Competent Authority. ii).If the charges due are not paid even after the grace time in the notice specified in Regulations 27.i. the authorised authority may proceed to cut off the water supply and sewerage connections. iii) In addition to clause 27 i and ii, the Board shall levy surcharge at the rates specified from time to time for the belated payment of water supply and sewerage service charges. Surcharge on recurring basis will be levied at 1.5% per month of domestic flat rate and metered consumers at 2% per month for other category of consumers including metered consumers w.e.f. 1.10.97 upto 31.03.03 and 1.25% per month for all category of consumers from 1.4.2003. iv) Surcharge may be waived on the following reasons after proper examination and on approval of Competent Authority. a) During drought period. b) During the period of no water supply
c) Defective water supply due to unforeseen circumstances.
Explanation: Competent Authority would be Managing Director. 29. (i) Payment of Water Supply and Sewerage Service Charges shall be made by cash or cheque or demand draft in favour of the CMWSS Board producing the consumer demand card or water supply bills. (ii)” In the case of dishonored cheque, the penalty at 1% of the cheque amount subject to minimum of Rs.75/- per cheque will be levied” 30.The owners and occupiers of the building shall be jointly and severally liable for the payment of all sums due towards water supply and sewerage service charges and they should intimate in writing to the authorised authority of any change in ownership or tenancy. 31.Request that water
supply and sewerage connections should not be cut off for non-payment on the
plea that such arrears are due from previous owners or occupiers shall not
be considered. In such cases new owners or occupiers shall remit the
arrears.
32.Where any charges due under these Regulations have not been paid within the time prescribed, the authorised authroity shall cause to be served upon or sent to such person a demand for the sum due failing which proceedings under regulation 33 below would be enforced. 33.(i). If the amount due on account of any charges covered in the demand under regulation 32 is not paid within the time prescribed from the service of the notice and if the person from whom the charges are due has not shown cause to the satisfaction of the authorised authority why it has not been paid, the authorised authority may recover by distraint under his warrant by sale of the movable property of the defaulter or if the defaulter is occupier of any buildings or land in respect of which the charge is due, by distress and sale of any movable property which may be found in or on such building or land, the amount due on account of the charge together with the warrant fee, distraint fee and such further sums as will satisfy the probable charge that will be incurred in connection with the detection and the sale of the property so distrained. Provided always that the movable property described in the provision to sub- section (1) of section 60 of the code of civil procedure, 1908, shall not be liable to distraint. ii. If for any reason the distraint or, a sufficient distraint of the defaulter’s property is impracticable, the authorised authority may prosecute the defaulter before a Magistrate. ii. Nothing herein contained shall preclude the Board from suing in a Civil Court for the recovery of the Water Supply and Sewerage Service Charges, or other amount due to it under the Act. 34. Under a special order in writing of the authorised authority any officer charged with execution of a warrant of distress may between sunrise and sunset break open any outer or inner door or window of a building in order to make the distress if he has reasonable ground for believing that such building contains property of the defaulter which is liable to seizure, and if after notifying his authority and purpose and duly demanding admittance he cannot otherwise obtain admittance: Provided that a period of the time prescribed shall be allowed for paying the amount due and redeeming the property seized. 35. The officer charged with the execution of a warrant shall, before making the distraint, demand payment of the charges due and the warrant fee. If charge due and warrant fee are paid, no distraint shall be made and if the charges or warrant fee are not paid the officer shall; i. seize such movable property of the defaulter as he may think necessary.
ii. make an inventory of the property seized; and Provided that a period of seven days shall be allowed for paying the amount due and redeeming the property seized. 36. The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the charge due by the defaulter together with all expenses incidental to the warrant distraint, detention and sale. 37. I) If the amount due by the defaulter on account of Water Supply and Sewerage Service Charges, the warrant fee, distraint fee and the expenses incidential to the detention of the property are not paid within the time prescribed , under proviso to regulation 35 and if the distraint warrant is not suspended by the authorised authority, the property seized or sufficient portion thereof shall be sold by public auction under the orders of the authorised authority who shall apply the proceeds of the sale to the payment of the amount due on account of the charges due, the warrant fee and the distraint fee and the expenses incidental to the detention and sale of the property, and shall return to the person in whose possession the property was at the time of seizure any property or some which may remain after the sale and application of the proceeds thereof as aforesaid if application is made by such person within the time prescribed from the date of sale. If no such application is made, the property of some so remaining shall be forfeited to the Board. If the proceeds of the sale are insufficient for the payment of the amount due on the account of the Water Supply and Sewerage Service Charges, the warrant fee and distraint fee and the expenses incidental to the detention and sale of the property, the authorised authority may again proceed under regulation 33 and 34 of this part in respect of the sum remaining unpaid.
ii) When the property seized is perishable or subject to speedy natural
decay or if the expenses of keeping it together with the Water Supply and
Sewerage Service Charges due shall exceed the value of the property, the
authorised authority may sell it at any time before the expiry
of the same period of the time prescribed unless the amount is sooner paid.
38. i) Fees shall be
levied on such distriants with reference to the amount due for which ‘the
distraint is made and according to the rates specified in the following Table;
ii) Such fee shall include all expenses, except, a) the cost of maintaining any live stock or the expenses incidental to the detention of the distrained property ; and b). the charge payable on account of person having or put in charge of the property, namely, Rs.5/- per day per person. 39. i) The immovable property of defaulter may be distrained wherever it may be found within the state of Tamil Nadu. ii) If it is necessary to distrain property outside the limits of the city, the authoritsed authority shall address this warrant to such public servant having local Jurisdiction as the Government of Tamil Nadu may be general or special order direct.
iii) Such public servant shall execute the warrant himself or cause
it to be executed by some person subordinate to himself. v) For the purpose of action under Regulation 35, no special order in writing of the authorised authority shall be required but if the Public servant to whom the warrant is addressed charges any subordinate to the execution thereof, he shall furnish such subordinate with a special order in writing to that effect and such subordinate shall then have authority to take action under the Regulation.
vi) For the purpose of action under Regulation 37, the public servant to
whom the warrant is addressed may without further orders from the authorised
authority, sell or direct the sale of the property seized and shall on completion
of the same, transmit proceeds to the authorised authority subject to such
deduction, if any, as may be necessary to meet expenses incurred locally.
40.If the Water Supply and Sewerage Service Charges due on any account of any building or land remains unpaid in whole or in part at the end of the period, specified in regulation 26, the authorised authority may, if the said charges due have retained unpaid for more than the time prescribed, require the occupier for the time being of such building or land to pay the amount within a specified period and if the occupier fails to comply with such requisition, the authorised authority may distrain and sell any immovable property found on the building or land and the provisions of the foregoing Regulations shall mutatis mutandis apply to all distraints and sales effected under this Regulation; Provided that no occupier shall be liable for prosecution or to a civil suit in respect of any sum recoverable from him under these Regulations unless he had wilfully prevented distraint or a sufficient distraint.
41.If any charge due from any person remains unpaid in whole or in part
at end of the period specified in Regulations 26 and 27 and such a person
has left India or cannot be found, the said amount or such part thereof as
remains unpaid together with all sums payable in connection therewith shall
be recoverable as if it were an arrears of land revenues.
a) the charges due and the warrant fee, if any, and b) if distraint has taken place, the distraint fee and the expenses incidental to the detention and sale , if any, of the property distrained.
ii) Whenever any person is convicted of an offence under sub-clause (i)
of this clause, the Magistrate shall in addition to any fine which may
be imposed recover summarily and pay over to the Board the amount,
if any, due under the heads specified in items (a) and (b) of sub-clause
(i) of this clause and may in his discretion also recover summarily and pay
to the Board such amount, if any, he may fix as costs of the prosecution.
REGULATION
FOR IMPOSING PENALTY ON ILLEGAL 44.i) The water and sewerage connection shall be obtained on formally applying through the prescribed application as per the procedure from time to time. ii) In case, it is found
that any water supply/sewer connection have been obtained illegally,
the same could be got regularised on payment of following
penalty within a period of 15 days from the date of issuing of
notice. If it is not regularised within the above stipulated period
the water supply/sewer connections shall be summarily disconnected.
45. i) Where
any direct sucking of water from the water supply main through electric/diesel
motor is noticed/comes to knowledge of the Board, these water supply connection
shall be disconnected immediately.ii) In all such cases, Water supply connection
will be restored after a period of 3 months on payment of the following
fees: a.
In case of DOMESTICconnections
- Rs.10,000 iii) In case of consumers desirous of obtaining reconnection before the stipulated period of three months as above the requests may be considered by the Board subject to the payment of additional penal fees at the following rates: a.
1 to 15 days from the date of disconnection
– Triple the normal rate of fees. iv)If the offence of direct sucking of water is resorted for more than 3 times, then the water connection will be disconnected permanently. 46. The owner or occupier of the premises shall intimate the Board regarding any conversion or change of premises from one category to another as defined in the Regulations within 15 days from such conversion or change. In case of any failure on the part of the consumer to comply with the requirement and if the change has come to the knowledge of the Board, the Board will charge extra charge for the consumption of water at 2 times of the normal charge subject to a maximum back period of 3 years. Managing Director CMWSSB |
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