Indore Municipal Corporation (Rainwater Harvesting) Byelaws, 2022
[4th April, 2022]

In exercise of the powers conferred by Section 430 of Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956), the State Government, under Section 293-A of the Act and Rule 81(4) of the Bhumi Vikash Niyam, 2012 read with Section 427, 40 and 46 hereby, makes the Municipal Corporation (Rainwater Harvesting), Byelaws 2022 exercisable within municipal limits of Municipal Corporation, Indore.

PART-ONE

## Section 1. Short Title and Commencement.—(1) These Byelaws shall be called Indore Municipal Corporation (Rainwater Harvesting) Byelaws, 2022.

(2) They shall come into force from the date of their publication in the official gazette.

(3) All rules, sub-rules, byelaws, orders etc., if any, enforced for the time being on this subject, shall be repealed on the date of publication of these Bye Laws in Madhya Pradesh Gazette. Provided, that anything done, or any action taken under the rules and Byelaws so repealed, shall, unless such thing or action is inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these byelaws.

## Section 2. Definitions:— In these byelaws, unless the context otherwise requires,-

(1) “Aquifer” means a geographical structure that stores and transmits water;

(2) “Builder” means a person whose job is to build houses and other buildings;

(3) “Building” includes a shed, house, residential building, commercial buildings used for office, Industries or business, Government and Semi Government buildings and residential premises provided by the Government to its employees;

(4) “Competent Authority” means Commissioner, Municipal Corporation or an officer authorized by him;

(5) “Ground Water” means the water retained in the inter-granular pores of soil or fissures of rock below the water table.

(6) “Municipal Corporation Act” means Madhya Pradesh Municipal Corporation Act, 1956 (No 23 of 1956);

(7) “Water Source” means any Well, Water Reservoir, Borewell or Piped water supply and any other source, through which water is supplied to public by the Municipal Corporation, Government, or any local Authority, and includes any well or any other drinking water source notified by the authority.

## Section 3. Rainwater Harvesting for increase in ground water resources.—Recharging groundwater in aquifer and surface water resources through collecting and storing rainwater by stopping its surface flow, is called water harvesting.

## Section 4. Need for Rainwater Harvesting.—Rainwater harvesting is need for the following purposes:—

(1) To stop depletion of groundwater level;

(2) To increase water absorption capacity of soil which has fallen substantially in urban areas due to constructions;

(3) To increase quality of soil by water mixing;

(4) To prevent pollution and vaporization of ground water;

(5) To prevent soil erosion.

PART-TWO

## Section 5. Basics for Rainwater Harvesting.—To develop a rainwater harvesting system on a particular site, the physical model shall be based on the average actual rainfall on the particular site, and shall depend on the following components:—

(1) Depletion in the quantity of surface runoff in the water catchment area;

(2) To encourage recharging through green areas and engineering works;

(3) Restoration of old rainwater harvesting structures;

(4) Rainwater harvesting through rooftop;

(5) Harvesting rainwater through surface flow in open areas.

## Section 6. Structural Design for Rainwater Harvesting system.—To design a rainwater harvesting system, to increase ground water levels, following broad points shall be considered:—

(1) The ground water conditions of the area in which type and expanse of aquifer, soil cover, land formation, depth of water level and chemical quality of ground water shall be included;

(2) Assessment of availability of water resources which are prime requirement for ground water recharging, is done in the shape of non-committal additional monsoon runoff;

(3) Assessment of areas which contribute to runoff like available area, land use policy, industrial, residential, green belt, constructed area and area of roof etc;

(4) Assessment of components of meteorological science like period of monsoon, normal rainfall, or intensity of rain tall.

PART-THREE

## Section 7. Rainwater harvesting on rooftops of Buildings.—A water harvesting system shall be designed to capture the rainwater which otherwise flows from the roofs of buildings, in such a manner that harvesting and recharging system requires minimal area.

## Section 8. Requirement of rainwater harvesting system.—The rainwater harvesting system shall be required to be installed in various buildings in the following manner:—

(1) Residential Buildings.—

(i) It will be mandatory for all the residential buildings, already constructed or proposed to be constructed, with an area of 1500 square feet, to install a prescribed rainwater harvesting system, on the roof, or at other suitable place.

(ii) To obtain building permission, a builder who proposes to build residential buildings on an area between 10,000 sq. feet and 25,000 sq. feet, shall provide a pit having 4 meters diameter and 15-meter depth (the depth of pit may vary depending upon the strata at the site) for the water harvesting.

(iii) To obtain building permission, a builder who proposes to build residential buildings on an area above 25,000 sq. feet, shall provide a pit having 6 meters diameter and 15 meter depth (the depth of pit may vary depending upon the strata at the site) for the water harvesting.

(2) Non-residential Buildings.—

(i) It will be mandatory for all the non-residential buildings already constructed or proposed to be constructed, to install a prescribed rainwater harvesting system, on the roof, or at other suitable place.

(ii) To obtain building permission, a builder who proposes to build non-residential buildings on an area between 10,000 sq. feet and 25,000 sq. feet, shall provide a pit having 4 meters diameter and 15 meter depth (the depth of pit may vary depending upon the strata at the site) for the water harvesting.

(iii) To obtain building permission, a builder who proposes to build non-residential buildings on an area above 25,000 sq. feet, shall provide a pit having 6 meters diameter and 15 meter depth (the depth of pit. may vary depending upon the strata at the site) for the water harvesting.

(iv) It will be mandatory for Municipal Corporation, Government, and local Government authorities to install rainwater harvesting system on all their buildings.

## Section 9. Regular Inspection.—For certification to the effect that the rainwater harvesting system is being duly managed, regular inspection of the following components shall be conducted by the designated officers, appointed specially for the purpose:—

(i) Water collection area of the roof.

(ii) Water collection system on the roof and land.

(iii) Pipes installed for downward flow of water from roof, control valve and flash pipe.

(iv) Filler units.

(v) Inspection of storage tank along system of with water collection and slip over.

PART-FOUR

## Section 10. Security amount determined by the Government for Rainwater Harvesting.—It shall be mandatory for the Builder to deposit amount of security along with application for building permission, as per following details:—

The amount of security shall be refunded to the builder after Certification and inspection by the designated officer, that rainwater harvesting system has been installed as prescribed and is in working condition.

## Section 11. Rebate on Tax.—Municipal Corporation may give a maximum rebate of ten percent on consolidated tax to a builder who has installed prescribed rainwater harvesting system:

Provided that this rebate shall be given, only after the designated officer, certifies that rainwater harvesting system is working smoothly.

## Section 12. Offences and Penalty.—(1) It shall be mandatory to duly install prescribed rainwater harvesting system in all the buildings, and after inspection, if any provisions of these bye laws are found to be violated, a penalty shall be imposed on the building owner or builder, as the case may be, which shall not exceed Rupees five thousand.

(2) In case, the defaulting building owner, or the builder, as the case may be, who has been penalized for any violation does not comply with the directions within the stipulated time period a penalty of rupees one hundred rupees per day shall be imposed till the compliance of the directions.

(3) Failure to operate rain water harvesting system regularly and not as per clause 9 shall attract a fine of Rs. 500/- per day, which shall not exceed Rupees five thousand.

(4) Rain water captured from the roof catchments should be connected to rain water harvesting system and excess water to road side storm, drain. And if anyone found connecting rain water to local bodies sewer system, he shall be imposed a penalty of rupees five hundred rupees per day, which shall not exceed Rupees five thousand.

## Section 13. Completion Report of installation of Rainwater harvesting system.—(1) The building owner, or the builder, as the case may be, shall submit a completion report regarding installation of the prescribed rainwater harvesting system with geo tagging, mentioning the date and along with photo of the chamber and complete system and the competent authority after site inspection, shall issue a No Objection Certificate.

(2) These byelaws shall be applicable in additional authoritative form and shall not be any subordinate to any rules.

## Section 14. Special provisions related to implementation of rainwater harvesting.—(1) No lawsuit, prosecution action or any litigation shall be carried out against any Government Servant appointed or authorized under these byelaws, for any action taken by him, on orders issued under these byelaws.

(2) Competent authority, under special circumstances, where he feels that application of any of the provisions of these byelaws is not feasible, then by reasons to be recorded in writing, may relax compliance of said provisions.

(3) If any doubt arises towards interpretation or application of these rules, the matter shall be placed before the competent authority, whose decision shall be final.

## Section 15. Public disclosure of these byelaws to the public.—These byelaws shall be displayed on the web site of the Municipal Corporation and by other mediums for transparency and for information of the general public.

## Section 16. Public awareness and encouragement.—To promote rainwater harvesting, the public shall be made aware about measures to improve water conservation, and recharging, through internet and other advertisement mediums and encourage public to install rainwater harvesting system.