Chapter V Chapter V

Control of Water Supply and Sewerage

Appointment of Member Secretary.

1. (1) The State Government shall appoint a person to be the Member Secretary of the Board.
2. (2) The Member Secretary shall possess such qualifications and shall receive such pay and allowances as may be prescribed.
3. (3) The Member Secretary shall—
   • (a) exercise such of the powers and perform such of the duties of the Board as may be prescribed or as the Board may delegate to him;
   • (b) be the Chief Executive Officer of the Board; and
   • (c) be responsible for the custody of all the moneys required to be credited to, and the expenditure incurred from, the Gujarat Water Supply and Sewerage Board Fund.

Delegation of powers.

1. (1) The Board may, by resolution, direct that any power exerciseable by it under this Act, or the rules or regulations made thereunder, (except the power to make regulations), shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exerciseable also by the Chairman, the Member-Secretary, or such other officer of the Board as may be specified in this behalf.
2. (2) The Chairman or, as the case may be, the Member-Secretary of the Board may, by general or special order, delegate any of the powers exerciseable by him under this Act or the rules or regulations made thereunder (except the powers delegated to him under sub-section (1)) to any other officer of the Board.

Members, officers and servants of the Board to be public servants. All members, officers and servants of the Board shall, while acting or purporting to act in pursuance of any of the provisions of this Act or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Board or any member or officer or servant of the Board for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation made thereunder.

Recovery of sums due to the Board. All sums due to the Board by any person or local body, whether under a contract or otherwise, or recoverable by the Board under or in pursuance of any of the provisions of this Act, shall be recoverable as arrears of land revenue.

Penalty for obstruction.—Any person who wilfully obstructs any member or officer or servant of the Board or any person authorised by the Board in the exercise of the powers conferred by or under this Act shall, on conviction, be punished with fine which may extend to five hundred rupees or with imprisonment for a term which may extend to three months or with both.

Penalty for causing damage to property.—Any person who wilfully causes damage to any property vested in the Board, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the term of office of, and the manner of filling casual vacancies among, the non-official members of the Board under section 5;
   • (b) the allowances to be paid to the non-official members of the Board under section 7;
   • (c) the conditions of service of the Secretary and the Chief Accounts Officer under sub-section
3. (2) of section 11;
   • (d) the procedure to be followed by the Board in the conduct of its business under sub-section
4. (5) of section 12;
   • (e) the form in which the annual financial statement and programme of work shall be prepared by the Board under section 28;
   • (f) the time within which and the form in which the annual report shall be submitted by the Board under section 32;
   • (g) the form and manner in which the accounts shall be maintained and the balance sheet shall be prepared under section 33;
   • (h) any other matter which is to be or may be prescribed by rules.
5. (3) All rules made under this Act 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 such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Regulations.

1. (1) The Board may, with the previous approval of the State Government, make regulations not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Board.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
   • (a) the summoning and holding of meetings of the Board, the time and place where such meetings shall be held, the conduct of business at such meetings and the number of members necessary to form a quorum under section 12;
   • (b) the recruitment, emoluments, allowances and other conditions of service of the officers and servants of the Board under section 11;
   • (c) the powers and duties of the officers and servants of the Board;
   • (d) the management of the properties of the Board;
   • (e) the execution of contracts and assurances of property on behalf of the Board;
   • (f) the maintenance of accounts;
   • (g) the conduct of legal proceedings by or against the Board;
   • (h) any other matter for which provision is to be or may be made by regulations under this Act.

Power to remove difficulties

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall be laid as soon as may be after it is made before each House of the State Legislature.

Repeal and saving

1. (1) On the commencement of this Act, the Gujarat Water Supply and Sewerage Board Ordinance, 1978 (Guj. Ord. 10 of 1978) shall stand repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or bye-law framed) under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.