Gujarat act 022 of 2019 : The Gujarat Domestic Water Supply (Protection) Act,2019.

Extra No.22

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. LX THIIRSDAY AUGUJT 22,2019/SRAVANA 31, lg4l Separate paging is given to this Part in order that it may be filed as a Separate Compilation"

PART IV

Acts of Gujarat Legislature and ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 20m August,2019 is hereby published general for information"

K. M. LALA,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department"

GUJARAT ACT NO" 22 2019" OF

(First published, after having received the assent of the Governor, in the

"Gujarat Government Gazette", on the 22nd August"2019)"

AN ACT

prevent to unauthorized or excessive drawl of water, damage to water supply infrastructure; protect and to domestic water supply system in the State of Gujarat and for the matters connected therewith or incidental thereto. It is hereby enacted in the Seventieth Year of the Republic of India as follows:-

Short title, extent (1) 1. This Act may be called the (Protection)Gujarat Domestic Water Supply and commencement" Act,2019.

(2) It extends to whole of the State of Gujarat. IY Ex"-22 22-I

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GUJARATGOVERNMENTGAZET,EX.22.0S-2019

I PART IV

(3)

It shall come into force on such date as the State Government may, by appointed for different provisions of this Act.

Definitions. 2"

In this Act, unless the context otherwise requires,_ (a)

"Authority" means a public water distribution ority as specified in section 4;

(b)

"Board" means the Grrjarat water supply and Sewerage Board Guj.18 of1979.

Se rage Board Act, l97g;

(c)

"bulk pipeline system't means any pipe line, size of which is more than 300mm diameteror such lower size of pipeline which feeds water to storage reservoir or water Treatment plants and includes open conveyance channels water storage systems, and valvesor attachments on such pipeline;

(d)

"connecting pipe" means a pipe connecting distribution line to the user's house or premises through which he receives water; (e)

"distribution pipeline" means pipelines other than used in bulk pipeline system;

(D

"domestic water" means water used for consumption by human beings for drinking or other domestic pulposes such as cooking, bathing, washing, cleaning and other day-to-day activities; and includes Consumption of water for live-stock. Explanation.' For the purpose of this Act, the supply of water for domestic pulposes shall also include supply of water among others to commercial units, industrial estatlishments or institutions bv the Authority;

(e)

"group residential connection" means a water connection to a user putposes and water is used for household p ose only; 18 of2013. (h)

"GWIL" means Gujarat water Infrastructure Limited, a Government company incorporated under the companies Act, 2013;

(i) "local authority" for the purpose of this Act means_

PART rvl GUJARAT GOVERNMEMT GAZETTE, EX" 22-08-2019 22-3

(i) a municipal corporation, constituted under the Guiarat Provincial Bom.LIX of | 949.

Municipal Corporations Act, I 949;

(ii) a municipality, consti ed under the Gujarat Municipalities Guj.34 of Act,l963;

1964.

(iii) a village panchayat, constituted under the Gujarat panchayats Guj.l8 of

1993.

Act,1993;

(iv) a cantonment area, constituted under the cantonment Act, 2006;

4l of 2006.

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

(k) "public domestic water source" means a source of er which is reserved for domestic purposes fully or partially;

0) "public water distribution system" means a water supply system as provided under section 3; and includes source, conveyance system including bulk 'pipe and distribution lines, valves and fixers, storage or cisterns, electrical installations, pumping stations, water meter, treatment plant, stand posts or taps and all other equipments, attachments or accessories connected thereto. throueh which water is supplied;

(m) "regular connection size" means size of conneeting pipe which is normally granted by the Authority to a user in the public water distribution system;

(n) "residential connection" means a water connection granted to a user who owns or occupies a dwelling unit for residential purpose and water is used for residential use only;

(o) "residential use" means use of water from public water distribution system for the household purpose only;

(p) "Schedule" means Schedule appended to this Act;

(q) "user" means a person having a valid water connection for receiving domestic water supply from the public water distribution system.

3. A public water distribution system is a water supply system laid or owned Public water by un Authority for supplying water, for domestic purposes to users. il:::*:t''"

4. (1) No authority other than a local authority, the Board or GWIL shall lay or

Publie Water Distribution own a public water distribution system in the State: Authority.

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GUJARAT GOVERNMENT GAZETTE, EX. 22-08-2019 I PART IV Provided that the State Govemment may, in public interest, by a public water distribution system for such area, asit may deem fit.

Q) The jurisdiction of the local authority shall be its local limits and the jurisdiction of the Board and GWIL shall be whole of the state:

Provided that where a local authority or an agency has laid apartof the public water distribution system outside its limits or area, the s e shall be deemed to be within its jurisdiction for the p oses of this Aet:

Provided further that the Board may, on a request made by a local authority, lay and operate public water distribution system within the limits of such local authority.

Powers and

5. (1) The Authority shall have following powers and functions, namelv:-

Functions of

Public Water I. Relating to water source -

Distribution

(a) to own a water source; Authority"

(b) to get user right of a source from the Government or any other person;

(c) to get water reserved or allocated from a source;

(d) to procure water;

(e) to develop a water source;

(f) to get water from any source for its domestic use;

II. Relating to distribution system -

(a) to plan, design, execute, operate, manage or maintain a public water distribution system;

III" Relating to water connection -

(a) to grant or disconnect water connection;

(b) to lay down size of connecting pipe to be granted to a user no ally, and different sizes can be fixed different kinds ofusers;

(c) to lay down terms and conditions for grant of water connection including residential connections or disconnection thereof; and different norms or terms and conditions may fixed for different kind of users; and

(d) to fix water charges for different category of users subject to the condition that such charges shall not be less than the charges fixed by

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PART rvl GUJARAT GOVERNMEMT GAZETTE, EX" 22-08_2019 22-s the State Govemment for that category of users;

IV. Relating to protection of public water distribution system-

(a) to prevent theft of water from public water distribution system;

(b) to prevent misuse and wastage of water;

(c) to prevent damage to the public water distribution system, its parts or components;

(d) to prevent tampering, obs ction, diversion, break or interference with flow of water or defacing of public water distribution system;

(e) to pre.rent'"rnauthorized dr of water; (0 to prevent excess drawl of water; and

(g) to take such other measures to protect public er distribution system as may be required"

(2) The Authority shall, subject to the provisions ofthis Act, have such other powers and functions to do a thing which may be necessary or expedient for carrying out the purposes of this Act.

(3) It shall be the responsibility of the Authority to ensure or take adequate measures for protection of public water distribution system including prevention of damage or obstruction to the system or for prevention of unauthorized or excess drawl of water.

6.(1) The Authority may apply to the State Government for reservation of

Reservation of Public water from a souroe in the manner as may be prescribed.

Domestic Water

Sources.

(2) The State Government may, by an order, reserve a water source or such quantity from a water source, for such period and for such Authority or Authorities as it may eonsider necessary" The State Gove ent may allocate water from a source either fully or partially, to different Authorities keeping in view the demands and requirements of the Authorities as it may deem fit:

Provided that the State Government may, while making an order under sub-section (2), specify whether such reservation is of pennanent nature or for a specific period as maybe expedient.

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GUJARATGOVERNMENT ZETTE,EX.22-08-2019 I PART IV

(3) The reservation of water for an Authority may be renewed by an order of the State Gove ent.

(4) Notwithstanding anything contained in section 5 or sub-sections (l) to

(3) of this section, the state Government or owner of the water source, as the case may be, shall be responsible for the protection of water source, and shall exercise all po rs and functions as may be required.

Water

7' (1) A perscn or an Authority desirous of having a water Connection. eonnection shall

make an application in sueh fo , with such fees and along with such documents as may be prescribed by the rules, bye-laws or regulations of the Authority, to the concerned Authority having jurisdiction for the purpose of granting water supply connection.

(2) on receipt of an application made under sub-section (1), the Authority shall scrutinize the same and if it is satisfied, shall grant the water connection subject to sub-section (4) and on such terms and conditions as it may speciff. The conditions may include the terms of supply, quantum of water, usage, accessories as may be required, pricing, metering, conditions for protection of water supply system and such other conditions as it may deem fit.

(3) The Authority shall grant connection subject to the rules, bye.laws or regulations made by it for the purpose:

Provided that such rules, bye-laws or regulations may provide for different conditions for different category or class of users ile granting water connection"

(4) The Authority shall grant w er connection to a user from such distribution pipeline as it may decide depending upon the availability of infrastructure in the public water distribution system and its operational requirements. The decision of the Authority in this regard shall be final.

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PART IV] GUJARAT GOVERNMEMT GAZETTE" 8X"22-08-2OI} 22-7

8. (1) A water meter shall be installed at the source from where an Authority is water authorized to draw water. The record of water drawl shall be submitted by the Meter' Authority at such interval to the State Government as it mav direct.

(2) The Authority may provide a water meter or ask user to put a water meter and attach the same to connecting pipe joined with the distribution system of the Authority in the premises of user or outside, subject to the niles, regulations or bye-laws made by the Authority for the purpose. 9" (1) An annual water audit shall be carried out for a water source used for the

Water Audit"

pu{pose of domestic supply by the State Government or an agency which owns such water source.

(2) An annual water audit shall be carried out by each of the Authorities for the public water distribution system laid or owned by it.

(3) The marurer and scope of the water audit shall be such as may be prescribed by the State Government.

10. (l) No person in relation to public water distribution system shall-

Prohibition of certain Acts.

(D damage, destroy, deface or tamper with the system; (iD tamper valves, or similar devices to change the flow of water;

(iii) tamper with flow measurement devices including water meters;

(iv) obstruct, divert, break or interfere flow of water or impede operation or maintenance of system;

(v)

draw water from a public distribution system by connecting or joining a pipe or any other attachment directly or indirectly or by anyrmeans, for any purpose without an authorized connection having been obtained from the Authority;

(vi) draw water in excess of permitted quantity directly or indireetly by tampering the system, use of ongful means or in contravention of terms and conditions on which connection has been granted by the

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GUJARAT GOVERNMENT GAZETTE, EX. 22-08-2019

I PART IV

Authority: and granted by the Authority.

(2) No person shall take away in an unauthorized manner or indulge in the theft of material, equipment or device, used or stocked for the purpose of being laid in public water distribution system.

Offences and

ll- (1) whoever in eontravention of the provisions of seetion 10, Penalties"

O damages, destroys or defaces a public water distribution system shall be punishable with imprisonment for a term which may extend to two years or with fine, which may extend to rupees one lakh or equal to the amount of damage caused to the system or loss suffered by the Authority, whichever is higher, or with both;

(ii) tampers a public water distribution system to disturb working of system, tampers valves or similar devices to change the flow, tamper with flow measurement devices including water meter shall be punishable with imprisonment for a term ich may extend to six months or with fine which may extend to rupees fifty thousand or with both;

(iii) obstructs, diverts, breaks or interferes with flow of water; or impedes operations or maintenance of system shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ees twenty thousand or with both.

(2) Whoever in contravention of the provisions of section l0 draws water from a public distribution system by connecting or joining a pipe or other attachment directly or indirectly, or by any means, for any purpose without an authorized connection obtained from the authority shall be punishable with such punishment as provided in Schedule I.

(3) whoever in contravention of the provisions of sub-clauses (i) to (vi) of sub- section (1) of section 10 draws water in excess of permitted quantity directly or

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PART rvl cuJ T GOVERNMEMT GAZETTE.EX" 22_08_2019

22-9 indirectly by tampering the system, use of wrongful means or in contravention of terms and conditions on which water connection has been granted by the Authority, shall be punishable with such penalty as provided in Schedule II.

(4) Whoever other than a user who has a residential connection, in contravention of the provisions of section 10 uses the water other than the purpose for which the water connection is granted shall be punishable with a fine which may extend to rupees twenty thousand.

(5) A person taking away in an unauthorized manner or indulging in the theft of material, equipment or device used or stocked for the purpose of public water distribution system shall be punishable with imprisonment for a term which may extend to three years or with fine, which may extend to rupees one lakh or with both.

(6) Whoever abets any offence specified in sub-sections (i) to (v) of sub- section (l) of section 10 shall be punished with the punishment provided for the offence in the relevant sub-section of this section:

Provided that whenever such an offence is abetted by an employee, officer, office bearer or an agency.engaged by the Authority, the abettor shall be punished with imprisonment or fine provided for the offence which shall be double the amount specified in the relevant sub-sections, or with both.

72. (l) No person shall obstruct or interfere in discharge of the duties and

Obstructing an Employee functions by an employee, officer or a person authorized by the Authority under or Authorised the provisions of this Act or the rules Officerⁱⁿmade thereunder"

Discharge of

his Duties"

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine, ich may extend to rupees tdn thousand or with both"

13. (1) Any person or officer of the Authority authorized in this behalf by the

Power to Authoritv mav^-

Search, Inspect

(a) enter and inspect at any time in any premises where water is supplied and by Seizure. the Authority or any components of public water distribution

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GUJA T GOVERNMENT GAZETTE ,EX.22-08-2OII I PAR.T rv system lies, if it appears necessary to him for ascertaining proper c ed or is being carried out in contravention of the provisions of this Act or an act has been or is being committed which is prohibited under the Act;

(b) search, seize and remove all such devices, instruments or any other articles which has been, or is being, or is likely to be used for which is prohibited;

(c)

examine or seize any books of accounts, materials or documents, equipment or devices which in his opinion shall be useful as evidence for or relevant to, any proceedings in respect of an offence under section 10 and allow the person from whose custody such books of accounts, materials or documents, equipment or devices are seized to make copies thereof or take extracts there fiom in his presence.

(2) The owner or occupant of the place or premises of search or any person on his behalf shall be allowed to remain present, as far as possible, during the search and a list of all the things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list.

(3) The provisions of the code of criminal procedur e, 1973 relating 2 of to1974

search and seizure shall apply, to searches and seizures carried out under this sub-section.

() where, during an inspection or search of any place or premises under s seclion (l), a user or a person is found to have committed an offence under section 10, the authorized officer may disconnect the water supply to such place or premises immediately without any notice.

section(l) of section 13, who has entered, searehed or inspected any premises

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PART IV] GUJARAT GOVERNMEMT GAZETTE, 8X.22-08-2019 22-TI and has reason to believe that an offence is committed under clause (v), (vi) or

(vii) of sub-section (1) of section 10, shall prepare a report along with evidences gathered and submit the same with his findings to the Assessing Officer (hereinafter refened to as "Assessing Offrcer") for the assessment of loss or damage suffered.

(2) Subject to such criteria and the manner as may be prescribed, the Assessing Officer shall assess the loss or damage caused to the Authority on acco of unauthorized or excess drawl of water or use of water fot u p.rr^oos"

other than for which connection was granted, on the basis of the report referred to in sub-section (1) of this section or after an enquiry, as may be required, and pass an order of recovery for such loss or damages suffered by the Authority"

(3) The Assessment Officer shall have regard to the following factors while passing an order under sub-section (2);-

(a) quantity of water drawn in unauthorized manner,

(b) duration of such activity,

(c) charge or rate of water supplied,

(d) quality of water,

(e) usage of water, and

(f) anyother factors relevant for determination of the cost of water drawn in unauthorized.

(a) The Assessing Officer shall be appointed by the Authority in such manner as may be prescribed.

(5) The amount assessed under sub-section (2) shall be recoverable in the same manner as an arrear of land revenue.

15. (1) A pelson or user aggrieved by an order of the Assessing Officer made Appeal"

under section 14, may prefer an appeal ,o ,h," Appellate Officer within a period of thirty days from the date of the order along with such fees and such documents as may be prescribed"

(2) The Appellate Officer shall after examining the records and giving an opportunity of being heard, pass an order as it deem fit"

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I PART IV

(3) The Appell officer shall be appointed by the State Govemment in such m er as may be prescribed.

\ilater 16. (1) A person aggrieved by an order of the Appellate officer made under l\ppellate

ll.uthority section 15, may prefer a second appeal within a period of 30 days from the date of the order passed by the Appelrate officer, along with such fees and such under section 17.

following such procedure as may be preseribed by the state Gove ent in consultation with the water Appellate Authority and pass an order as it may deem fit.

(3) The Water Appellate Authority shall have same po rs as that a civil court. C'onstitution

17. (l) The State Government shall, by notification in the officiat Gazette, olf Water

Appellate constitute a Water Appellate Authority for the purpose of deciding appeals Authority

frled against an order passed by the Appellate Officer"

(2) The water Appellate Authority shall consist of a chairman and such members as the State Govemment may specifu.

(3) The terms and conditions of the Chairman and Members, and the procedure to be followed by the Authority shall be such as may be prescribed. Compounding

18" (l) The Authority or any officer authorized by it in this behalf may by Oifence

general or a special order, either before or after the institution of the proceedings for any offence punishable under this Act, accept from a user or a person penalized with the off'ence by the y of compounding of the offence a sum equivalent to double the maximum amount of fine prescribed in the relevant sub-sections ofsection I 1.

(2) The State Government may, by notification in the official Gazette, specify such reduced sum, for such offences, at which the Authority may compound the sum below the limit fixed for the purpose of that offence by the State Government"

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PART IV] GUJARAT GOVERNI\4EMT GAZETTE, 8X,22-08-2OI} 22-13

(3) when an offence has been compounded uqder sub-section (1), the offender, shall be discharge and no further proceedings shall be made against him in respect of the offence compounded, and if the offender is in custodv. he shall be discharged.

19. No civil court shall have the jurisdiction to deal with or decide any question Bar of which the Assessing officer or Appellate officer, Jurisdictionas the case may be, the water of Appellate Authority empowered to deal with or decide with by or under this Act

Civil Court. and no injunction shall be granted by any civil court in respect ofany action taken or to be taken in pursuance of any of the provisions of this Act. 20- Q) The provisions of this Act shall have effect notwithstanding anything

Act to have overriding contained in any other law for the time being enforce, in so far as the provisions effect and relating to public domestic effect water supply.

of other laws.

(2) Notwithstanding anything contained in any other law for the time being in force, when anything in relation to water supply measures are required to be done or approved under this Act, such things shall not be deemed to have.been unlawfully done or approved by reason only of the fact that permission, approval or sanction required under such other law has not been obtained.

21. No eourt shall take cognizance of an offence punishable under this Act or Cognizance the rules made thereunder except on a complaint made by the Authority or any

of offence"

officer authorized in this behalf by the Authority" as the case mav be. 22.For the purpose of providing speedy trial of the offences under this Act, in Designation of any district or metropolitan arca in the State, the State Govemment may, after

Special Court"

consultation with the Ffigh Court by notification in Q f ficial Gazette, designate one or more courts of Judicial Magistrate of First Class oi, as the case may be, of Metropolitan Magistrate in such district or metropolitan area. 23" (l) The State Government may, by notification in Official Gazette, delegate Delegation of power'

any of its powers, except the poyer of making rules, exercisable.by it under this

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I PART IV

Act or the rules, to the Board in such matters and subject to such terrns and conditions, if any, as may be specified in such notification.

(2) The Board may with prior pennission of the State Govemment issue such guidelines and advisory to the local authorities in respect of execution of this Act.

Power to give

24. The state Gove ent may give, from time to time, such directions. directions to the

authorities or the Board as it may deem fit, for giving e ct to the provisions of such directions"

25. No Protection suit or prosecution of proceedings shall

lie against any person for anything action taken in

done in good faith or intending to be done

under this good Act or the ;[aith. rules made thereunder.

Powlr to 26. (l) The state Government may, by notification in the official Gazette,make make rules.

rules not inconsistent.*,ith this Act, flor canyingout the p oses of this Act.

(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:-

(a) the manner of making application by a public water distribution authority, to the State Government for reservation of water from a source under sub-section (l) ofsection 6;

(b) the manner and scope of water audit under sub-section (3) of section

9:

(c) The criteria and the manner for assessing the loss or damage caused to the Authority under sub-section (2) of the section 14;

(d) the manner of apgrintment of Assessing officer under the sub- section (4) of the section l4;

(e) the fees payable and documents to be attached with the appeal sub- section (l) of section 15:

(f) the manner of appointment of Appelrate officer under the sub- section (3) ofthe section l5;

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PART IV] GUJARAT GOVERNMEMT GAZETTE, FiI..22-O8.2OI} 22-15

(g) the fees payable and documents to be attached with appeal under sub-section (1) ofsection 16;

(h) the procedure for examining the appeal by the water Appellate Authority under sub-seetion (2) of section 16;

(i) The terms and conditions of the chairman and Members, and the procedure to be followed by the water Appellate Authority under sub-section (3) of section 17 ;

0)^any other matter which is required to be, or may be, prescribed.

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following.

(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and thereupon take effect. 27 " (l) If any difficulty arises in giving effect to the provisions of this Act, the Power to State Government may issue an order not inconsistent with the objects and remove difficulties.

purposes of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty:

Provided that no order shall be made under this section after the expiry of three years from the date of comin! into force of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made before the Lesislature.

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SCHEDULE I

e sub-section (2) of section l l) Nature of offence and punishment for unauthorized connection of water depending upon pipeline from which water is drawn, nature of connection, usage of water and size of connecting pipe:

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PART IV] GUJARAT GOVERNMEMT ZETTE,EX.22-08-2OI} 22-17 Sr. No.

Nature of Usage of Size of Punishment Connection

water connecting nine

(1) (2) (3) (4)

(s)

8.

Other than Other than Regular

Imprisonment Residential

Reside al

Connection up to one Connection Use Size

month or penalty not exceeding rupees

50,000/- or with both 9"

Other tharr

Other than

Bigger than Residential Residential Regular up to three Coirnection Use

Connection months or Size penalty not exceeding

rupees

1,00000/- or

with both

c. In case of any other offence, which is not covered in entry I to 9, shall be punished with imprisonment of term not exceeding 3 months or a fine, which shall not exceed rupees 100,000/- or with both.

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GUJA T GOVERNMENT GAZETTE ,EX.22-08-2OI} [ PART IV

SCHEDULE II

e sub-section( 3) of section l1) connection depending upon nature of connection; usage of water and whether the connecting pipe has been tampered with.

Nature of Usage of water Punishment

Connection

A." Unauthorized dra I of w

Residential Use

Other Than

Residential

Connection

B.Unauthorized. drawl of wat

and/or joining a connecting pipe bigger than regular connection size Residential Use

Fine not exceeding Other than Other than Residential Residential Use Connection

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