Chapter II Chapter II

Establishment of the Board

Constitution of the Board

1. (1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act a Board to be called "the Gujarat Water Supply and Sewerage Board".
2. (2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
3. (3) The Board shall consist of a Chairman and such number of other members, not exceeding fifteen, as the State Government may think fit to appoint.

Composition of the Board

1. (1) The Board shall consist of the following members, namely:
   • (a) a Chairman to be appointed by the State Government;
   • (b) the Secretary to the Government of Gujarat, in charge of the Public Health Engineering Department, ex-officio;
   • (c) the Secretary to the Government of Gujarat, in charge of the Finance Department, ex-officio;
   • (d) the Secretary to the Government of Gujarat, in charge of the Urban Development and Urban Housing Department, ex-officio;
   • (e) the Member-Secretary of the Board;
   • (f) such number of non-official members as the State Government may think fit to appoint, being persons who in the opinion of the State Government have special knowledge or practical experience in engineering, public health, finance, management or administration: Provided that at least one such member shall have experience in finance and at least one shall have experience in public health engineering.
2. (2) The Member-Secretary shall be appointed by the State Government from amongst persons who possess such qualifications as may be prescribed.

Term of office of members

1. (1) Save as otherwise provided in this Act, a member of the Board, other than an ex-officio member, shall hold office for a term of three years from the date on which his appointment is notified in the Official Gazette: Provided that the State Government may, if it thinks fit, extend the term of office of such member by a period not exceeding one year.
2. (2) An ex-officio member shall hold his office so long as he holds the office by virtue of which he is such member.
3. (3) A member other than an ex-officio member may, at any time, resign his office by writing under his hand addressed to the State Government, and the office of the member shall thereupon become vacant.
4. (4) Any casual vacancy in the office of a member other than an ex-officio member shall be filled by fresh appointment by the State Government and the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed.
5. (5) A member other than an ex-officio member shall be eligible for re-appointment.

Disqualification for being a member

1. (1) A person shall be disqualified for being appointed as, and for being, a member of the Board if he—
   • (a) is an undischarged insolvent,
   • (b) is convicted of any offence involving moral turpitude,
   • (c) is of unsound mind and stands so declared by a competent court,
   • (d) is, or has been, convicted of any offence under this Act,
   • (e) has, directly or indirectly, by himself or by any partner, employer or employee, any share or interest in any contract or employment with, by or on behalf of the Board: Provided that a person shall not be disqualified under clause
   • (e) by reason only of his being a shareholder in a company or a member of a co-operative society which has entered into any contract with or done any work for the Board.
2. (2) The State Government may remove from the Board any member who, in its opinion,—
   • (a) has become subject to any of the disqualifications mentioned in sub-section (1),
   • (b) has been absent, without the permission of the Board, from three consecutive meetings of the Board,
   • (c) has acted in contravention of the provisions of section 10 or has abused his position as a member in such a manner as to render his continuance in the Board detrimental to the interest of the public.
3. (3) No member shall be removed under sub-section
4. (2) unless he has been given an opportunity of being heard.

Removal of members.

1. (1) The State Government may remove from office any member who—
   • (a) is or becomes subject to any of the disqualifications mentioned in section 6; or
   • (b) without excuse sufficient in the opinion of the State Government, is absent from four consecutive meetings of the Board.
2. (2) No member shall be removed under sub-section (1), unless he has been given a reasonable opportunity of showing cause against such removal.

Resignation of members.

Vacancies etc not to invalidate proceedings of the Board Vacancies etc. not to invalidate proceedings of the Board.—

1. (1) No act or proceeding of the Board or of any committee appointed by it under section 14 shall be questioned or shall be invalid merely by reason of any vacancy in, or any defect in the constitution of, the Board or such committee.
2. (2) No act or proceeding of the Board or of any committee appointed by it under section 14 shall be questioned or shall be invalid merely by reason of any defect or irregularity in the appointment of a person acting as a member thereof or by reason of such act or proceeding being in contravention of the provisions of this Act to the prejudice of, or so as to affect prejudicially, the interest of any person.

Meetings of the Board.—

1. (1) The Board shall meet at such times and at such places and shall, subject to the provisions of sub-section (2), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made under this Act: Provided that the Board shall meet at least once in every three months.
2. (2) The Chairman or, in his absence, the Vice-Chairman, shall preside at every meeting of the Board. If the Chairman and the Vice-Chairman are both absent, the members present shall elect one of their members to preside at the meeting.
3. (3) All questions which come up before any meeting of the Board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.
4. (4) Minutes of the proceedings of each meeting of the Board shall be recorded in a book to be kept for the purpose and shall be signed by the Chairman or the person presiding at the meeting and shall be open to inspection by any member during office hours.

Temporary association of persons with Board for particular purposes.—

1. (1) The Board may associate with its Board in such manner and for such purposes as may be prescribed, any person whose assistance or advice it may desire in complying with any of the provisions of this Act.
2. (2) A person associated with the Board under sub-section
3. (1) for any purpose shall have a right to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board, and shall not be a member for any other purpose.

Constitution of committees.—

1. (1) The Board may constitute a committee or committees consisting of such members of the Board and such other persons as it may think fit for the purpose of discharging such duties or exercising such powers as may be delegated to it or them by the Board.
2. (2) The Board may make bye-laws for the constitution and functions of the committee or committees.