The Gujarat Water Supply and Sewerage Board Act, 1978

Preliminary

Short title, extent and commencement.-

1. (1) This Act may be called the Gujarat Water Supply and Sewerage Board Act, 1978.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) This section shall come into force at once, and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.- In this Act, unless the context otherwise requires,-

1. (1) "Board" means the Gujarat Water Supply and Sewerage Board constituted under section 3;
2. (2) "bye-laws" means bye-laws made under this Act;
3. (3) "Cantonment" means a Cantonment as defined in the Cantonments Act, 1924;
4. (4) "Cess-pool" includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;
5. (5) "City" means a city as defined in the Bombay Provincial Municipal Corporations Act, 1949;
6. (6) "Communication Pipe" means any pipe or system of pipes along with all fittings thereto by means of which water is supplied to any premises from the main;
7. (7) "Consumer" means any person supplied with water or provided with sewer connection by the Board or any local body;
8. (8) "Domestic Sewage" means waste water from residential kitchens, bathroom and toilets;
9. (9) "Drain" means a sewer, tunnel, pipe, ditch, channel or gutter or any other device for carrying off sullage, sewage, storm water or waste water;
10. (10) "Ferrule" means a ferrule employed for making connection from the water main the communication pipe;
11. (11) "Gujarat Public Health Engineering Service" means the Gujarat Public Health Engineering Service of the State Government;
12. (12) "Local Area" means an area under the jurisdiction of a local body;
13. (13) "Local Body" includes a municipal corporation, a municipality, a gram panchayat, a nagar panchayat, a notified area committee or any other body constituted under any law for the time being in force for local self-government;
14. (14) "Municipality" means a municipality as defined in the Gujarat Municipalities Act, 1963;
15. (15) "Non-Official Member" means a member of the Board other than an ex-officio member;
16. (16) "Prescribed" means prescribed by rules;
17. (17) "Regulations" means regulations made under this Act;
18. (18) "Rules" means rules made under this Act;
19. (19) "Sewage" means night-soil and other contents of water closets, latrines, privies, urinals, cess-pools or drains including trade effluents;
20. (20) "Sewer" means a closed conduit for carrying sewage or sullage;
21. (21) "Sewerage" means a system of collection of sewage from a community;
22. (22) "State Government" means the Government of Gujarat;
23. (23) "Street" includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway;
24. (24) "Water Supply" means a system of providing water to a community or any area;
25. (25) "Year" means the financial year.

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.

Powers, Functions and Duties of the Board

Fees and allowances.—

1. (1) The official members of the Board shall not be entitled to receive any remuneration other than the remuneration they are entitled to as servants of the Government.
2. (2) The non-official members of the Board shall be entitled to receive such fees and allowances for attending the meetings of the Board or any of its committees as may be prescribed by rules.

Appointment of officers and staff of the Board.—

1. (1) The State Government shall appoint a Member-Secretary of the Board.
2. (2) Subject to the provisions of section 16, the Board may appoint such other officers and employees as it considers necessary for the efficient performance of its functions: Provided that the appointment of such officers and employees as may be specified by the State Government, shall be subject to the previous approval of the State Government.
3. (3) The conditions of appointment and service and the scales of pay of the officers and employees appointed under sub-section
4. (2) shall—
   • (a) as respects the officers and employees transferred to the Board under section 16, be such as may be determined by the State Government;
   • (b) as respects the officers and employees not covered by clause (a), be such as may be prescribed by regulations.

Power of Board to provide for transfer of officers and servants.

1. (1) The Board may, if it considers it expedient so to do, provide for the transfer of the services of the officers and servants of a local body employed in the water supply and sewerage services to the Board.
2. (2) On such transfer, the officers and servants shall be entitled to such terms and conditions of service as may be determined by the Board and shall be entitled to receive from the Board superannuation and other benefits to which they were entitled while in the service of the local body.

Functions of the Board.

1. (1) The functions of the Board shall be—
   • (a) to advise the State Government on all matters relating to the planning and execution of water supply and sewerage schemes;
   • (b) to prepare, execute, promote and finance schemes for the supply of water and for the sewerage and sewage disposal in the State;
   • (c) to manage, operate, maintain and control all water supply and sewerage undertakings managed by or under the control of the State Government;
   • (d) to provide water supply and sewerage services to local bodies and to users;
   • (e) to carry out research and development in relation to water supply and sewerage;
   • (f) to provide for the training of its officers and servants and the officers and servants of local bodies in the field of water supply and sewerage;
   • (g) to perform such other functions as may be assigned to it by the State Government by notification in the Official Gazette.

General powers of the Board

1. (1) Subject to the provisions of this Act, the Board shall have power to do all things necessary or expedient for the purpose of carrying out its functions under this Act.
2. (2) Without prejudice to the generality of the foregoing provision, such power shall include the power—
   • (a) to inspect, survey, maintain, alter, improve, extend, repair, engineer, construct and operate water works and sewerage works;
   • (b) to acquire, hold and dispose of movable and immovable property;
   • (c) to enter into contracts;
   • (d) to provide for the training of its officers and servants;
   • (e) to appoint such officers and servants as the Board may consider necessary for the efficient performance of its functions.

Power of Board to give instructions to local bodies The Board may give such instructions to any local body as in the opinion of the Board are necessary—

1. (a) to ensure a proper and efficient water supply and sewerage service;
2. (b) to ensure that the water supply and sewerage works, whether belonging to the Board or to the local body, are maintained in a proper and efficient condition;
3. (c) to prevent the pollution of any water under the control of the Board or any local body.

Power of Board to execute works in cases of emergency. —

1. (1) Where it appears to the Managing Director that the immediate execution of any work is necessary for the safety of the public or for the prevention of waste of water or for the prevention of pollution of water or for the prevention of damage to any property or for the immediate restoration of any water supply or sewerage service, the Managing Director may execute such work without the previous approval of the Board.
2. (2) The Managing Director shall, as soon as may be thereafter, report the action taken under sub-section
3. (1) and the reasons therefor to the Board at its next meeting.

Power of Board to turn or close public streets or recreation grounds. —

1. (1) The Board may turn, divert, discontinue or close temporarily any public street or any portion thereof or any public recreation ground vested in it, or cause the same to be turned, diverted, discontinued or closed, for the purpose of carrying out any water supply or sewerage work.
2. (2) Whenever any public street or public recreation ground or portion thereof is turned, diverted, discontinued or closed, the Board shall, as soon as may be, cause the street or recreation ground or portion thereof so turned, diverted, discontinued or closed, to be reinstated or to be provided with such means of access as was available before it was so turned, diverted, discontinued or closed.
3. (3) In executing works under this section, the Board shall provide, so far as may be reasonably practicable, a substitute for any street or recreation ground or portion thereof, which is likely to be affected by such works, and shall pay reasonable compensation to any person who suffers damage by such works.

Finance, Accounts and Audit

1. (1) Where the Board is of the opinion that any water supply or sewerage works transferred to or vested in a local body are not being maintained or operated in a manner consistent with the objects of this Act, the Board may, after giving to the local body a reasonable opportunity of being heard, by notification in the Official Gazette, take over the maintenance and operation of such water supply or sewerage works.
2. (2) Upon the publication of such notification, the right of the local body to maintain and operate the water supply or sewerage works shall stand suspended and the Board shall perform all the functions of the local body in relation to such works.
3. (3) For the purpose of maintaining and operating such works, the Board shall have all the powers which the local body had in relation to such works before the date of the notification under sub-section (1).

1. (1) Upon the commencement of this Act, all assets and liabilities of the Gujarat Water Supply and Sewerage Board constituted under the Government Resolution, Health and Family Welfare Department No. WSP-1075-10336-P, dated the 1st October, 1975, shall stand transferred to and vest in the Board constituted under section 3.
2. (2) Every employee holding any office under the Board referred to in sub-section
3. (1) immediately before the commencement of this Act shall hold his office in the Board constituted under section 3 by the same tenure and upon the same terms and conditions of service and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same if this Act had not been passed and shall continue to do so unless and until his employment under the Board is terminated or until his remuneration or other terms and conditions of service are duly altered by the Board: Provided that the conditions of service applicable immediately before the commencement of this Act to any such employee shall not be varied to his disadvantage except with the previous approval of the State Government.
4. (3) Any proceedings or cause of action pending or existing immediately before the commencement of this Act by or against the Board referred to in sub-section
5. (1) may be continued and be enforced by or against the Board constituted under section 3 as it might have been enforced by or against the former Board if this Act had not been passed.

Power of Board to levy rates and fees. —

1. (1) The Board may, from time to time, levy such rates and fees as may be prescribed for the water supplied by it and for the services rendered by it.
2. (2) The rates and fees to be levied shall be such as will, as far as practicable, provide for the maintenance and operation of the water supply and sewerage works and for the payment of interest on loans and for the repayment of loans and for other expenses of the Board : Provided that the Board may, with the previous sanction of the State Government, levy different rates and fees for different areas or for different classes of consumers or for different types of connections.

Payment of cost of water supply and sewerage works to the Board. —

1. (1) Where the Board executes any water supply or sewerage work in any local area, the cost of such work shall be met from such funds as the State Government may determine.
2. (2) Where a local body or the State Government requires the Board to provide a water supply or sewerage service to any local area, such local body or, as the case may be, the State Government shall pay to the Board the cost of such work and the expenses for the maintenance and operation of the work, in such manner as may be agreed upon.

Power of Board to borrow.—

1. (1) The Board may, with the consent of the State Government or in accordance with the terms of any general or special authority given to it by the State Government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this Act.
2. (2) The stock, bond or debentures may be issued by the Board at such rates of interest and such period of maturity and subject to such conditions as the State Government may approve.
3. (3) The State Government may, if it considers necessary, make rules for or in connection with the issue of bonds or debentures by the Board.

Guarantee of loans.—

1. (1) The State Government may guarantee in such manner as it thinks fit the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by the Board under section 25.
2. (2) Such guarantee shall be charged on the Consolidated Fund of the State.

Vesting of property in the Board.—

1. (1) From such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, all such property, assets and funds as may be specified in the notification and which immediately before the said date were vested in the State Government for the purposes of the Public Health Engineering Department or were vested in a local body for the purposes of any water supply or sewerage scheme shall vest in the Board and be held by it for the purposes of this Act.
2. (2) The property, assets and funds referred to in sub-section
3. (1) shall include all rights, debts, liabilities, obligations, things in action, moveable and immoveable property and all interests in possession, reversion or expectancy.

Power of Board to dispose of property.—

1. (1) Subject to the provisions of this Act, the Board may acquire, hold and dispose of any property, whether moveable or immoveable, and may contract and do all other things necessary for the purposes of this Act: Provided that in the case of any immovable property, the disposal of which requires the approval of the State Government, the Board shall obtain such approval.
2. (2) The Board may, with the previous approval of the State Government, lease, sell or otherwise convey any property held by it on such conditions as it may think fit.

1. (1) The Board shall have and maintain a fund to be called the "Board Fund" to which shall be credited—
   • (a) all moneys received by the Board by way of grants, subventions, donations, gifts or loans from the State Government or any other person or body;
   • (b) all moneys received by the Board from the disposal of land, buildings and other properties (movable and immovable) by the Board;
   • (c) all moneys received by the Board by way of rents and profits or in any other manner or from any other source;
   • (d) all proceeds of the disposal of land, building and other properties by the Board under section 17.
2. (2) The Board Fund shall be applied towards meeting the expenses incurred by the Board in the administration of this Act and for no other purpose.

The State Government may, after due appropriation made by the State Legislature by law in this behalf, pay to the Board in each financial year such sums as may be considered necessary by the State Government by way of grants, subventions, donations, gifts or loans for the purposes of this Act.

Grants, loans and advances by Government

1. (1) The State Government may, from time to time, make grants and advance loans to the Board for the purposes of this Act on such terms and conditions as the State Government may determine.
2. (2) The Board may, with the previous sanction of the State Government, and subject to the provisions of this Act and the rules made in this behalf, borrow money from the State Government or from the public or from any financial institution for carrying out the purposes of this Act.

Budget

1. (1) The Board shall, before such date in each year as may be prescribed, prepare and submit to the State Government for approval an annual financial statement and the programme of work for the succeeding financial year.
2. (2) The annual financial statement shall show the estimated receipts and expenditure during the succeeding financial year in such form and detail as may be prescribed.
3. (3) The Board may, at any time during the year, in respect of which an annual financial statement has been submitted, submit to the State Government a supplementary financial statement and the provisions of sub-section
4. (2) shall apply to such statements as they apply to the annual financial statement.
5. (4) No sum shall be expended by or on behalf of the Board unless the expenditure of the same is covered by provision in the annual financial statement or a supplementary financial statement.

Accounts and audit.

1. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balance sheet in such form as may be prescribed by the State Government in consultation with the Accountant General, Gujarat.
2. (2) The accounts of the Board shall be audited annually by the Accountant General, Gujarat or by such other person as the State Government may authorise in this behalf and any expenditure incurred by the Accountant General or such other person in connection with such audit shall be payable by the Board to the Accountant General or such other person, as the case may be.
3. (3) The Accountant General, Gujarat and any person so authorised by him in connection with the audit of the accounts of the Board shall have the same rights, privileges and authority in connection with such audit as the Accountant General has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
4. (4) The accounts of the Board as certified by the Accountant General, Gujarat or any other person authorised by the State Government in this behalf together with the audit report thereon shall be forwarded annually to the State Government who shall cause the same to be laid before the State Legislature.

Annual report. The Board shall as soon as may be after the end of each financial year prepare and submit to the State Government before such date and in such form as may be prescribed a report giving an account of its activities including the technical and financial activities during the previous financial year and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Board in the next financial year and the State Government shall cause every such report to be laid before the State Legislature.

Pension and provident funds.

1. (1) The Board shall constitute for the benefit of its whole-time officers and servants in such manner and subject to such conditions as may be prescribed, such pension and provident funds as it may deem fit.
2. (2) Where any such pension or provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 (XIX of 1925), shall apply to such fund as if it were a Government Provident Fund.

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.