Water laws in Nepal - WaterAid

CHAPTER 3Water Supply SystemReduction of service to a consumer must bein accordance with the priority given todifferent users under Rule 30 of the DrinkingWater Regulation 1998 (2055 BS) (SeeChapter 2.4 for details). The water suppliermust consult with the District Drinking WaterOffice and concerned VDC or municipalitywhen reducing service to a consumer.Similarly, a water supplier is empowered tocease service to a consumer under thefollowing circumstances 51 :(i) If the consumer fails to pay the servicecharge, service can be ceased for theperiod during which the service charge isunpaid.(ii) If the consumer violates the conditions ofservice as agreed with the supplier, servicecan be ceased until those conditions aremet.(iii) If the structure is damaged or is likely tocause damage, service can be ceased forthe period of repair.(iv) If the water becomes unsafe to healthdue to pollution or other reasons, servicecan be ceased while the water isunusable.The water supplier is required to publish apublic notice stating the reason for reductionor cessation of service at least before 15 daysprior to reduction/cessation. 52 The watersupplier must give notice of this to theconsumer and concerned individuals andauthorities except in the circumstances set outin Rules 33, 34(c) and (d).3.1.8 Power to Impose a ServiceChargeRule 39 of Drinking Water Regulation 1998(2055 BS) also empowers the water supplier tolevy a fee as fixed by the Service ChargeFixation Committee. Regular payment of theservice charge is the duty of the consumer. Rule39 empowers the water supplier to recover theservice charge from the consumer in cash, kindor by way of services such as labour. The watersupplier can also determine the date and themethod of the service charge collection.3.2 Nepal Water SupplyCorporationThe NWSC is established under the statutoryprovisions of the Nepal Water SupplyCorporation Act, 1989 (2046 BS) as theauthority responsible for providing cleandrinking water, sanitation and sewerage. TheAct is the primary legislation dealing withdrinking water and sewerage. It establishes theright of the public to drinking water andsanitation by determining the responsibilitiesand duties of the NWSC in relation to watersupply and sewerage management.The NWSC is a statutory body and is agovernment controlled public corporation.HMG can give directives from time to timeand it is the duty of the Corporation to abideby such directives. HMG has the power toissue an order to stop activities against thisAct. HMG has the power to dissolve theNWSC at any time and, upon dissolution, theliabilities of the corporation shall be transferredto HMG. 5323