Drinking Water Rules, 2055 (1998)
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Chapter-1 Preliminary
1. Short Title and Commencement :
(1) These Rules may be called “Drinking Water Rules, 2055(1998)”.
(2) These Rules shall come into force immediately.
2. Definition : Unless the subject or the
context otherwise requires, in
these Rules,
(a) “Act” means “Water Resources Act, 2049”.
(b) “Drinking Water” means the water supplied for domestic
or industrial consumption.
(c) “Source” means a source of drinking water available (situated) on the
surface or the underground.
(d) “Structure” means the reservoir (tank) made for the
collection, control, filtration or distribution of drinking water from
the sources and the land occupied by such reservoir (tank) and
this word also refers to the water tank, pipeline, outlet, tap or
any other structures of similar types made for the similar purpose.
(e) “Survey” means the activities comprising the exploration feasibility
study and the detail engineering design prepared in detail by analyzing
the economic and technical facts and data on construction of a
structure, the environmental impact of construction of the structure, the
quantity of water that may be consumed (utilized) or distributed from the
source and also the number of beneficiary of the drinking water.
(f) “Project” means the Drinking Water Project to be operated by
a licensee and this word also refers the project handed over to
the consumer organization by the Government of Nepal pursuant
to Section 11 of the Act or the project developed and operated by a consumer
organization itself.
(g) “Committee” means the District Water Resource Committee constituted
pursuant to Rule 8 of Water Resource Rules, 2050.
(h) “Water Supplier” means the consumer organization or the licensee
supplying the drinking water to the consumers pursuant to these Rules.
(i) “Service” means the drinking water service provided to
the consumer by the water supplier.
(j) “Consumer” means the person or institution utilizing (consuming) the
service provided by a water supplier.
(k) “Service charge” means the service charge that has to be paid to the
water supplier by the consumer for the consumption of the service.
(l) “Inspector” means the drinking water inspector designated pursuant to
Rule 47.
Chapter-2 Establishment and Registration of Consumer Organization
3. Establishment of consumer organization :
(1)
For collective benefit by developing and operating a project, the
persons intending to be benefited may establish a consumer
organization.
(2) The executive committee of the consumer organization to be established
pursuant to Sub-rule (1) shall have Nine persons along with at least
Two women as member.
4. The constitution (statute) of the organization:
(1)
Consumer organization shall have a constitution.
(2) The constitution pursuant to Sub-rule (1) shall have the following
provisions:-
(a) Objective and scope,
(b) Qualification for membership,
(c) Membership fee and process of granting membership,
(d) Disqualification for membership,
(e) Composition of General Assembly,
(f) Session of General Assembly,
(g) Function, duties and power of General Assembly,
(h) Composition of Executive Committee,
(i) Meeting of Executive Committee,
(j) Functions, duties and power of Executive
Committee,
(k) Functions, duties and power of officials,
(l) Provisions related to election,
(m) Motion of No Confidence,
(n) Economic Resources,
(o) Details of movable and immovable property,
(p) The fund,
(q) Audit,
(r) Amendment of constitution,
(s) Provision on formation of bylaws,
(t) Other required provisions.
5. Application to be submitted to register consumer organization :
The persons intending to register a consumer organization shall submit an application in the format prescribed in Schedule-1 and also with One Hundred Rupees before the committee.
6. Registration of consumer organization:
(1)
After receiving the application pursuant to Rule 5, the committee making
an examination (inquiry) on whether the project proposed to be
developed by the consumer organization has been appropriate or not even
with the
economic and technical point of view and also making a
consultation with the concerned institutions, if found the project
to be developed has to be appropriate, the committee shall register
the consumer organization and give the certificate of registration
of consumer organization to the applicants in the format prescribed in
Schedule-2.
(2) The inquiry and consultation made pursuant to Sub-rule (1) if deemed
the registration of consumer organization inappropriate, committee shall
give a notice with such reason to the organization.
7. Dual consumer organization shall not be registered:
After
the registration of a consumer organization to utilize any source,
another consumer organization shall not be registered within the scope of
such organization by reducing the quantity of water utilized by
such consumer organization.
8. The right of consumer organization in the Source of water to
be prevailed:
(1)
After the registration of consumer organization pursuant to Rule 6 the
consumer organization shall have the right on the equivalent source of
water within the limit of the quantity of water prescribed to
utilize by the consumer organization.
(2) If the drinking water project developed by the Government of Nepal
before the commencement of these Rules has been handovered to operate by
any consumer organization pursuant to the section 11 of the Act,
such consumer organization shall prevail the right on the
equivalent source of water within the limit of quantity of water to be
utilized by such consumer organization.
9. Establishment and registration of consumer organization for the project to be developed by the Government of Nepal:
(1)
If the Government of Nepal intends to operate any project through a
consumer organization pursuant to Section 11 of the Act, the persons
intending to operate such project shall establish a consumer
organization pursuant to
Rule 3 and shall register pursuant to Rule 5.
(2) On submission of the application in the committee in order to register
a consumer organization pursuant to Sub-rule (1), the letter give by the
Government of Nepal to such organization on the subject of operation of
the project also shall be attached.
Chapter-3 Provisions on Licensing
10. Application to be submitted for survey license:
(1)
A person or a body corporate intending to survey any source shall
submit an application with Five Hundred Rupees fee before the committee in
the format prescribed in Schedule-3.
(2) On receiving the application pursuant to Sub-rule (1) the committee
shall make required inquiry on it and on making inquiry if deemed to ask
for additional document, notice for it shall be given to
the applicants within the Fifteen days of submission of the
application.
(3) The submission date of additional documents by the applicant according
to the notice given pursuant to Sub-rule (2) shall be considered as the date of
application for the purpose of Sub-section (2) of Section 8 of the
Act.
11. License to be issued :
On the inquiry of the application received pursuant to Rule 10 and the documents attached herewith, if found appropriate to issue survey license to the applicant, committee shall issue a survey license for a source in the format prescribed in Schedule- 4.
12. Application to be submitted for source utilization license :
(1)
A person or a body corporate intending to utilize a source shall
submit an application with One Thousand Rupees fee before the
committee in the format prescribed in Schedule-5.
(2) On receiving the application pursuant to Sub-rule (1)
the committee shall make a required inquiry on it and on making
inquiry if deemed to ask for additional documents a notice for it shall be
given to the applicants within the Fifteen days of submission of the
application.
(3) The submission date of additional documents by the applicant according
to the notice given pursuant to Sub-rule (2) shall be considered as
the date of application for the purpose of Sub-section (2) of
Section 8 of the Act.
13. Notice to be published in public :
(1)
On receiving the application pursuant to Rule 12 and making required
inquiry on the application committee shall publish a notice for
public information mentioning all the details about it.
(2) After publishing the notice pursuant (1) on the development and
operation of the project if any significant adverse effect deemed
to be exist, a suggestion may be submitted before the
committee mentioning details on such matter within the Thirty Five
days of the publication of the notice.
(3) Keeping the suggestion received pursuant to Sub-rule (2) in mind, the
committee shall assign the obligation to the concerned applicants to
minimize the significant adverse effects (impacts) during the issuance of
the license.
14. License to be issued to utilize the source :
Making study on the application received pursuant to Rule 12 and the documents attached with and the suggestions received pursuant to Rule 13, if deemed appropriate to issue the license for utilization of a source to the applicant, the committee shall issue a license in the format prescribed in schedule 6.
15. Dual license not to be issued:
(1)
After issuing a survey license for a source to any person or body
corporate pursuant to rule 11, dual license
for survey shall not be issued to any other person or body corporate
by allowing to conduct a survey, within the period of that license in
the same region for the same work (activity).
(2) After issuing a license to utilize a source to any person or body
corporate pursuant to Rule 14, dual license shall not be issued to any
other person or body corporate within the period of that license, in such
way that the quantity of water to be consumed by the licensee has to be
reduced.
16. Work has to be started :
(1)
The licensee shall start the work mentioned in the license within the
Three months of receipt of the license.
(2) If the licensee became unable to start the work within the
time pursuant to Sub-rule (1) he/she may make a request to the
committee to provide additional time with acceptable reason and submit an application
and on the inquiry of that application if the reason to provide additional
time deemed appropriate, the committee may provide
maximum Three months period.
17. Report to be submitted before the committee:
The
licensee shall submit the report of the work mentioned in the
license in every three
months before the committee.
18. Right to be prevail on source:
The
licensee after receiving the license pursuant to Rule 14, shall
poses the right equivalent to the quantity of
water mentioned in the license on the source.
19. Renewal of the license:
(1)
Before the completion of the period of license received pursuant to
Rule 14, the licensee shall submit an
application for the renewal of the license with the Five Hundred
Rupees before the committee.
(2) If license has not been renewed pursuant to Sub-rule (1)
the licensee may submit an application before the committee by
mentioning the appropriate reason for it within the Thirty Five days of
ending of the date of the license and on inquiry of such application if
the reason has been deemed appropriate, committee may renew the
license.
20. Sale or handover of a license :
(1)
If a licensee intends to sale or in other way transfers the
license, shall have to submit an application to the
committee.
(2) If the application has been received pursuant to Sub-rule
(1), the committee after making a required inquiry on the
application and considering the economic condition of the person or body
corporate intending to purchase or receive the license, if deemed appropriate
to give approval for sale or handover, the committee may give
approval for
sale or transfer of license prescribing the required conditions.
21. Amendment on the license :
(1)
The licensee may submit an application before the committee if intends
to amend anything mentioned in the license.
(2) If the application has been submitted pursuant to Sub-rule
(1) the committee shall make an inquiry on it and on inquiry if
deemed appropriate, committee shall make amendment on the license.
22. Fees to be paid for the utilization of sources :
Licensee shall have to pay Five Thousand Rupees fee every year for utilizing the sources, to the Government of Nepal.
Chapter-4 Dispute settlement for utilization of sources
23. Source utilization dispute settlement committee :
(1) If the dispute has been arise about the utilization of source for the project to be developed and operated by the consumer organization for the settlement of such dispute a source utilization dispute settlement committee comprising of the following chairperson and members shall exist-
(a) Chairperson, District Development Committee – Chairperson
(b) Representative, District Irrigation Office – Member
(c) Administrative Officer, District Administrative
Office – Member (d) Chief, District Drinking Water Office -Member secretary
(2) Notwithstanding anything contained in Sub-rule (1) if any dispute has arise about the utilization of source of a project developed and operated by a licensee, for the settlement of such dispute a source utilization dispute settlement committee, comprising of the following chairperson and members shall exist-
(a) Person assigned by Government of Nepal – Chairperson
(b) Representative, Ministry of housing and physical
planning – Member (c) Representative, Ministry of water resources – Member
(d) Chief, District Drinking water office -Member secretary
(3)
If the dispute has arise about a single source situated in two
or more than two districts then in case of the committee pursuant to
Sub- rule (1) the representative of the district development
committee where
the application for source utilization has not be submitted and in case
of the committee pursuant to Sub-rule (2) the representative of the
district development committee where the application for source utilization
has
been submitted also shall be existed.
24. Complain may be filed about the utilization of source :
(1)
If the utilization of any source victimizes any person, then the
victimized person or a body corporate may make complain mentioning the reasons of
it, before the source utilization dispute settlement committee.
(2) If the complain has been received pursuant to Sub-rule (1) the source
utilization dispute settlement committee by inspecting the field
of the project utilizing the source shall take information on the
following matters except the other matters.
(a) The total cost of the project,
(b) The number of consumers to be benefited by the project,
(c) The need of the local community about the project and people’s will,
(d) The quantity of water to be used daily,
(e) The impact of the operation of the project to other people or
community and their response,
(f) The adverse impact to be caused on the environment.
(3) After taking the information pursuant to Sub-rule (2) the source
utilizing dispute settlement committee making an inquiry on the complaint
filed about the utilization of source shall make a
required decision.
Chapter-5 Security of the structure and repairing
25. The quality to be maintained :
The water supplier shall maintain the quality prescribed for drinking water by the Government of Nepal pursuant to Section 18 of the Act, in the water that has to be available to the consumers.
26. No source has to be polluted :
Water supplier shall not construct any structures and perform any other type of activities causing the source to be polluted.
27. No significant adverse effect on environment has to be made:
Water supplier shall not construct any structures and perform any other type of activities causing the significant adverse effect on the environment.
28. Repairing the project :
1)
Water supplier shall make simple repair of the project by using own
resources.
(2) If water supplier has been unable to make simple repair of the project
only by the use of own resources, shall make simple repair of the project
by taking financial assistance from the concerned village development
committee or municipality and required technical assistance from the
district water supply office.
(3) If a water supplier have to make a large repair of the project, shall
repair the project by making available of the unskilled human resource and
local construction material such as sand, stone, concrete etc.
through the consumer organization (user association). If skilled human
resource, other construction material and technical assistance has
to be required for the repair, the water supplier shall repair the project
by taking the skilled human resource and construction material from
the concerned Village Development Committee or Municipality and
District Development Committee and technical assistance from the district
water supply office.
(4) If the large repair shall has not been made only with
the assistance of concerned Village Development Committee,
municipality or district development committee pursuant to Sub-rule
(3) water supplier shall provide such information in detail to the
concerned district drinking water office.
(5) After receiving the information pursuant to Sub-rule (4) district
drinking water office shall make field inspection by a inspector about the
project as per the need and giving the required direction
shall provide economic and technical assistance for the large repair
of the project.
(6) Notwithstanding anything contained in Sub-rule (1), (2), (3), (4) and
(5) all the repair of the project operated by a licensee shall
be made by him/her self.
Explanation: For the purpose of this Rule-
(a) “Simple repair” means the prevention of leakage
of drinking water from the structure, covering the
underground pipes exposed in the surface, cleaning the structures,
renovation of intake, reservoir, chamber, tap etc. if damaged and changing
the head, valve of a tap.
(b)
“Large repair” means any other repair work except than the simple repair
which has to be made if any
structure has been breaked by a catastrophe or suddenly damaged by any
reason.
Chapter-6 Provision relating to
utilization of service
29. Basis for providing the service :
The
water supplier shall consider the following subjects as a basis
while providing the service.
(a) Geographical location,
(b) Population,
(c) Quantity of water to be available at the source,
(d) Capacity of the structure,
(e) Other technical matters.
30. Priority to be given to utilize the service :
(1) The water supplier under the provision prescribed pursuant to Rule 29 shall give priority to the following consumers in the utilization of the service-
(a) Health post, orphanage, elders’ home and social organizations,
(b) Temporary camp established due to flood, fire, spread of epidemic disease or similar other natural disaster or catastrophe,
(c) School, hostel, police beat, government, semi- government or non-government office and quarter for the employee of such office,
(d) Residential house of general citizen, (e) Very urgent construction work of public importance,
(f) If for the industry/factory, workers of such industry and factory.
(2) The water supplier shall make required consultation with concerned Village Development Committee or Municipality, District Drinking Water Office and Committee to determine the priority list to provide service except than that mentioned in Sub-rule (1).
31. Application to be submitted to be a consumer :
(1)
A person or an institution intending to utilize a service of a water
supplier shall submit an application to the water supplier in the
format prescribed by water supplier.
(2) After receiving the application pursuant to Sub-rule (1) the water
supplier shall make an inquiry on technical and other required matters in
relation to whether the service according to the demand of
the applicant can be provided or not and on such inquiry if the
service deemed to be provided, the estimate of the cost to provide
the service has to be made and a notice with allocation of a time shall be
given to the applicant to deposit the money.
(3) If the money has been deposited by the applicant in accordance to the
given notice with allocated time pursuant to Sub-rule
(2), the water supplier shall submit the name of such person on
the consumer list and shall provide the service to him/her.
(4) On the inquiry made pursuant to Sub-rule (2), if the service deemed
not to be provided, the notice of such decision shall be given
to the applicant.
(5) The applicant who is not concerning on the decision of the water
supplier pursuant to Sub-rule (4) may submit a complain before the
district drinking water office.
(6) On receiving a complain pursuant to Sub-rule (5) district drinking
water office may give an appropriate order after making required inquiry
on that complain and such order shall be binding to both of the
concerned water supplier and the complainant.
32. Conditions to be made :
(1)
Water supplier may make necessary conditions in providing the service to
the applicant Provided that, not to be against the Act, these Rules
and in case of a project handed over by the Government pursuant to the
Section 11
of the Act, the conditions made by Government of Nepal on handover of the
project.
(2) In making the conditions pursuant to Sub-rule (1) the water supplier
shall make necessary consultation with the District Drinking Water Office
and Village Development Committee or Municipality.
33. Service may be reduced:
(1)
If the demand of drinking water has been higher in quantity than the
capacity of the structure and the service cannot be provided according to such
demand, in such situation the water supplier may reduce the service
of the consumer fully or partially in the priority basis determined
pursuant to Rule 30.
(2) While the service has been reduced pursuant to Sub-rule (1), the water
supplier shall consult with committee, District Drinking
Water Office and concerned Village Development Committee or
Municipality.
34. Service may be stopped :
The
water supplier may stop the service provided to the consumer in the
following conditions-
(a) If the consumer has not paid the service charge to be paid
for utilizing the service then till such charge has not been paid,
(b) If the consumer violates any condition of the agreement
made with the water supplier, till such conditions has not been
obeyed (fulfilled).
(c) If the structure has been damaged or supposed to be
damaged, till the required repair has been completed,
(d) If the water of the source or structure has been unusable due
to pollution or by any reason then it has been useable with the
view of health.
35. Notice to be given :
Except
in the emergency situation pursuant to Rule 33 and part (c) &
(d) of the Rule 34 of immediate stopping of the
service, if service has to be stopped by any reason the water supplier shall
publish the notice of such at least Fifteen days before and shall provide
the information of such to the concerned person or institution.
36. Duties of consumer :
The
duties of a consumer shall be as follows-
(a) To pay the service charge for utilizing the service and as prescribed
by the water supplier in time to the water supplier,
(b) Immediately inform the water supplier about the
unauthorized misuse of service or leakage of the drinking water by
anybody or if known that such activities has taken or has been
taking anywhere,
(c) To provide required assistance to the water supplier in the
repair and preservation of a structure developed by a
consumer organization.
37. Prohibited actions by consumers :
(1)
The following actions are prohibited to the consumers-
(a) Any actions against Rule 36,
(b) The unauthorized misuse of service or to leakage drinking water
or to perform other similar actions,
(c) To provide a separate similar line to other person from the line
utilized by him/her self,
(d) To break or damage the water consumption measuring meter joined while
joining of the tap and
its seal.
(2) If any consumer has performed the action against the Sub-rule
(1), the water supplier may reduce the service provided to such consumer.
Chapter-7 Provision related to service charge
38. Committee to determine (fix) the service charge :
(1) Determine the rate of service charge that has to be paid for the service utilized by the consumers from the project developed and operated by a licensee, service charge determine committee shall be (constituted) formed as follows-
(a) Person allocated by Government of Nepal – Chairperson
(b) Representative, the Committee – Member
(c) Representative, District Drinking Water Office – Member
(d) Person among the consumers allocated by
Government of Nepal – Member
1(e) Concerned water supplier -Member secretary
(2) The committee pursuant to Sub-rule (1), while determining the rate of service charge shall consider the cost of the project, the operating method of the construction, type of service, the repairing cost, number of consumers, annual income depreciation rate, proper benefit, change in price list, etc.
(3) Notwithstanding anything contained in Sub-rule (1), and (2), the service charge has to be paid for the service utilized by consumer from the project developed by the consumer organization or handed over by the Government of Nepal pursuant to the Section 11 of the Act, shall be as determined by the concerned water supplier.
(4) On determination of service charge pursuant to Sub-rule (3), the water supplier shall determine the service charge by taking the assistance of district drinking water office in relation to the required cost for the operation and repair of the project.
39. Service charge has to be collected as cash, kind or peoples labour:
The service charge determined by the water supplier pursuant to Sub-rule (3) of Rule 38 may be collected by the water supplier from the consumer as cash kind or peoples’ labour.
40. Mode of payment of service charge and deadline :
(1)
The mode of payment of service charge and deadline for it shall be
as determined by the water supplier.
(2) Water supplier shall give a receipt after taking service
charge from the consumer.
41. Late fees :
(1)
If service charge has not been paid by a consumer in time prescribed by
the water supplier, he/she shall pay late fee.
(2) The amount of late fee has to be paid pursuant to Sub-rule (1), shall
be as prescribed in case of the project operated by a person holding license
by the committee and in case of the project operated by consumer
organization by the concerned water supplier.
42. The measuring unit for quantity of water :
For the purpose of determining the service charge, the committee formed pursuant to Sub- rule (38), for determining the service charge shall maintain (keep) the quantity of water as cubic meter/thousand liter per month.
43. Joining of the water utilization measuring meter:
(1)
The water supplier shall join a water utilization measuring meter with the
required seal in every consumer’s tap to measure the quantity of water has
to be used by the consumer with the purpose of determination of service
charge.
(2) Notwithstanding anything contained in Sub-rule (1), in
special circumstances or for the simplification, water supplier may
provide the service to the consumer without joining the water
measuring machine.
(3) If the water measuring meter joined pursuant to Sub-rule
(1), has been damaged, destroyed or become dysfunctional due to any
other reason and the quantity of water has not been measured, then
the consumer shall give the notice of such meter to the water
supplier as soon as possible.
(4) If the notice pursuant to Sub-rule (3) has been received the water
supplier shall repair the water utilization measuring meter joined in the
tap of the concerned consumer or shall join new water
utilization measuring meter in such tap.
(5) The seal kept by the water supplier in the water
utilization measuring meter shall not be changed or opened by any
other person except the person designated by the water supplier.
44. Committee to determine compensation:
(1)
For the purpose of Section 15 of the Act, to determine the
compensation, a compensation determination committee in the chairmanship
of the Chief District Officer also comprising the representatives of
District Drinking Water Office and District Irrigation Office shall be
established.
(2) The committee pursuant to Sub-rule (1) shall determine
the compensation by evaluating the real damage that has been made to
the concerned land owner.
(3) The compensation has been determined by the compensation determination
committee pursuant to Sub-rule (2), shall be acceptable to both parties.
(4) The amount of compensation determined by the compensation determination
committee pursuant to Sub-rule (2), shall be paid by the licensee to
the concerned person within Thirty days.
45.
Application to be submitted to utilize or (acquire) other’s house
and land:
(1)
If for the utilization of a source any person’s house and land has to be
utilized or acquired, the licensee shall submit an application in the
format prescribed by Schedule-7, before the Government of Nepal.
(2) If the application received pursuant to Sub-rule (1), the Government
of Nepal shall make a required inquiry on the application and on the
inquiry if deemed to provide (acquire) the house and land as demanded by the
applicant, the house and land shall be provided to the applicant as
equivalent to the acquiring of house or land for an organization pursuant
to the prevailing law.
46. The compensation of house or land prohibited to use :
(1) Pursuant to the
Sub-section (3) of Section 16 of the Act, if a licensee has done a
construction work related to the development or utilization of
a project and Government of Nepal may prohibit to use the premises
of such house or land by any one or for a particular work for the security
of such construction work, causing a damage to the concerned person,
the license shall give the compensation for the damage caused by
such prohibition.
(2) The determination of compensation given pursuant to Sub- rule
(1) and other provisions about it shall be pursuant to Rule 44.
Chapter-8 Miscellaneous
47. Inspector :
(1) District Drinking Water Office may allocate inspector to inspect a project.
(2) The inspector allocated pursuant to Sub-rule (1), shall inspect the project frequently and may give required order and direction to the water supplier in the following subjects and shall inform the district drinking water office about such-
(a) Physical protection of source and protection from adverse environmental efforts,
(b) Construction, repair and security of the structures,
(c) Keeping the record of quantity of drinking water in the source and structure, reduce or increase the flow
of drinking water and prevent the unauthorized leakage of drinking water and misuse of service,
(d) Prevent the drinking water to be polluted and to make it healthy,
(e) Management of the service to be provided to consumers, the supply of drinking water and other technical matters.
(3) Except written in Sub-rule (2) in relation to service operation and utilization, district drinking water office shall give required order and directive to the concerned water supplier.
(4) The order or directive issued by inspector or district drinking water office shall be obeyed by the concerned water supplier.
48. Complain may be submitted :
(1)
If a consumer has not been satisfied by the decision made by water
supplier about the utilization of service may submit (produce) a complain
before the district water supply office.
(2) On the receipt of such complain pursuant to Sub-rule (1), district
drinking water office may give a required order making consultation
with the Committee, Village Development Committee or Municipality as per the
need and the order thus given shall be acceptable to the concerned
supplier or consumer.
49. Official designated (allocated) :
For the purpose of Section 21 and 22 of the Act, the committee is designated as an official.
50. Change in Schedule :
Government of Nepal by publishing a notice in Nepal Gazettes may change the Schedules of these Rules as per the need.
51. Directives to be prepared and commenced :
The water supplier may prepare the directives not against the provisions of the Act or these rules and subject to the service to be provided to the consumers as per the need and shall commence it.