Section 40 — Power to cut off water supply

(1) The Board may cut off the water supply except the water supply provided for general public from any premises,- (a) if the owner or occupier neglects to comply with any lawful order or requisition regarding water supply issued by the Board within the period specified therein; (b) if any fee, rental, charges or any other sum due for water supply or for the cost of making connection or the hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by or under this Act is not paid within fifteen days after a bill for such fee, rental, charges or sums has been presented or served; (c) if after receipt of a notice from the Board requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of the provisions of this Act or any rule made thereunder; (d) if the owner or occupier wilfully or negligently damages the meter or any pipe or tap conveying water; (e) if the owner or occupier refuses to admit the officer or person authorized by the Board in this behalf into the premises which he proposed to enter for the purpose of executing any work or placing or removing any apparatus or making any examination or enquiry in connection with the water supply or prevents such officer or person from executing such work, or placing or removing such apparatus or making such examination or enquiry; (f) if any water fittings, connected with the water supply are found on examination by any officer or person authorized by the Board to be out of repair to such an extent as to cause waste or contamination of water; (g) if the owner or occupier causes pipes, taps, works or fitting connected with the water supply to be placed, removed, repaired, or otherwise interfered with a contravention of the provisions of this Act or of the rules or regulations made thereunder; and (h) if the consumer fails to provide proper disposal or treatment of the used water from his premises, in accordance with the provisions of the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009), the Water (Prevention and Control of Pollution) Act, 1974 (Central Act No. 6 of 1974) or any other law for the time being in force: Provided that the Board shall not cut off the water supply unless notice of not less than three days has been given to the owner or occupier of the premises, except in cases involving contamination of water supplies, where no such notice need to be given (2) (a) The owner and the occupier of the premises shall be jointly and severally liable for the payment of all the sums referred to in clause (b) of sub-section (1); (b) The sums referred to in clause (a) shall be a charge on the premises. (3) The expenses of cutting off the supply shall be payable by the owner and occupier of the premises jointly and severally. (4) In a case under clause (b) of sub-section (1) as soon as any money for non-payment of which water has been cut off, together with the expenses of cutting off the supply, including any penalties levied thereon has been paid by the owner or occupier, the Board shall cause water to be supplied as before, on payment of the cost of re-connecting the premises with the water works. (5) The action taken under this section against any person shall be without prejudice to any penalties to which he may otherwise be liable.