Section 49A: Offences

49A. Offences (1) Any person who contravenes any regulations made under this Act shall commit an offence and shall, on conviction, be liable— (a) in the case of a domestic consumer, to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years; (b) in any other case, to a fine not exceeding 200,000 rupees and to imprisonment for a term not exceeding 2 years. (2) Where, in any proceedings against the owner or occupier of any premises, it is averred that any water works or sewer has in any manner been interfered with, the fitting of a device to, or the absence of any part, from any works, installation or meter set up or supplied by the Authority shall be prima facie evidence of interference with the water works or sewer, as the case may be, unless he proves that the device was fitted or that the part of the works, installation or meter was removed without his knowledge and that he had taken all reasonable steps to ensure that no such act would take place. (3) The Authority may— (a) subject to the concurrence of the Director of Public Prosecutions, authorise any officer, either generally or in respect of any particular matter, to institute criminal proceedings in respect of an offence under this Act or any regulations made under this Act; (b) designate an officer to conduct criminal proceedings instituted under paragraph (a). (4) For the purposes of this section— “domestic consumer” means a person whom the Authority has agreed to supply water for domestic purposes. [S. 49A amended by s. 3 of Act 3 of 2005 w.e.f. 26 March 2005.] [Issue 1] C8 – 14 Revised Laws of Mauritius