The Gujarat Water Supply and Sewerage Board Act, 1979

(1) This Act may be called the Gujarat Water Supply and Sewerage Board Act, 1979. (2) It extends to the whole of the State of Gujarat excluding the areas comprised in Cities and cantonments. (3) This section shall come into force at once and the remaining provisions shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions, and any reference in any such provision to the date of commencement of this Act shall be construed as reference to the date of coming into force of that provision.

In this Act, unless the context otherwise requires,— (i) "Board" means the Gujarat Water Supply and Sewerage Board established under section 3; (ii) "bye-laws" means bye-laws made under this Act; (iii) "cantonment" means a cantonment declared as such under section 3 of the Cantonments Act, 1924; (iv) "cess-pool" includes a settlement tank or other tank to receive or dispose of foul matters from any premises; (v) "Chairman" means the Chairman of the Board; (vi) "City" means a City as constituted under section 3 of the Bombay Provincial Municipal Corporations Act, 1949; (vii) "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, and includes a connection pipe, service pipe, meter or other fittings; (viii) "connection pipe" means any water pipe from a ferrule to stop-cock connecting the main of the local body or the Board, as the case may be, with the service pipe; (ix) "consumer" means any person getting the benefit of any water supply or sewerage service from the local body or the Board, as the case may be; (x) "domestic sewage" means waste water from residential premises, boarding and lodging houses, hostels, hotels, public places, offices and all such establishments as are not a part of any trade or industry, and arising out of personal and normal human activities such as drinking, bathing, ablution, washing and cooking; (xi) "drain" means a sewer, tunnel, pipe, ditch, gutter or channel or any cistern, flush-tank, septic tank or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water or sub-soil water, and includes any culvert, ventilation shaft or pipe or other appliances or fittings connected with such drain, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place; (xii) "ferrule" means a ferrule connecting the connection pipe with the main; (xiii) "Gujarat Public Health Engineering Service" means the organisation functioning for the purpose of providing water supply and sewerage services as a wing of the Health and Family Welfare Department of the Government of Gujarat; (xiv) "local area" means the area falling within the jurisdiction of a local body; (xv) "local body" means a municipality or a panchayat established under any law for the time being in force; (xvi) "main" means a pipe laid by the local body or the Board, as the case may be, for the purpose of giving a general supply of water as distinct from a supply to individual consumers, and includes any apparatus used in connection with such a pipe; (xvii) "member" means a member of the Board, and includes the Chairman of the Board; (xviii) "Member-Secretary" means the Member-Secretary of the Board; (xix) "municipality" includes the person or committee appointed under clause (c) of sub-section (1) of section 264-B of the Gujarat Municipalities Act, 1963 for any notified area; (xx) "non-official member" means a member, not being an ex-officio member; (xxi) "occupier", in relation to any premises, means the following:— (a) any person for the time being paying or liable to pay rent or any portion thereof to the owner in respect of those premises; (b) an owner who is in occupation of those premises; (c) a tenant of those premises who is exempt from payment of rent; (d) a licensee who is in occupation of those premises; and (e) any person, who is liable to pay damages to the owner in respect of use and occupation of those premises; (xxii) "owner", in relation to any premises, means the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let, and includes— (a) an agent or trustee who receives such rent on account of the owner; (b) an agent or trustee who receives the rent of, or is entrusted with, the management of any premises devoted to religious or charitable purposes; (c) a receiver or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises; and (d) a mortgagee-in-possession; (xxiii) "premises" means any land or building or any part of a building; (xxiv) "prescribed" means prescribed by rules; (xxv) "private street", "public street" and "street", in relation to any local area, shall have the meanings assigned to them in the law relating to the local body having jurisdiction over that local area; (xxvi) "regulations" means regulations made under this Act; (xxvii) "relevant local authority law" means— (a) in relation to a municipality, the Gujarat Municipalities Act, 1963; (b) in relation to a panchayat, the Gujarat Panchayats Act, 1962; (xxviii) "rules" means rules made under this Act; (xxix) "service pipe" means any pipe other than the connection pipe beyond the stop-cock by means of which water is supplied to any premises; (xxx) "sewage" means night-soil and other contents of water closets, latrines, privies, urinals, cess-pools or drains, and polluted water from sinks, bath rooms, stables and other like places, and includes trade effluents; (xxxi) "sewer" means a closed conduit for carrying sewage, offensive matter, polluted water, waste water or sub-soil water; (xxxii) "sewerage" means a system of collection of waste water from community from its houses, institutions, industry and public places, the pumping treatment and disposal of such waste water, its effluents, sludge, gas and other end products; (xxxiii) "stop-cock" means a stop-cock fitted at the end of the connection pipe away from the main for the purpose of switching off and regulating the water supply to any premises; (xxxiv) "trade effluent" means any liquid either with or without particles of matters in suspension therein, which is wholly or in part produced or discharged in the course of any trade or industry, including agriculture and horticulture, but it does not include domestic sewage; (xxxv) "water connection" includes— (a) any tank, cistern, hydrant, standpipe, meter or tap, situated on any private property and connected with a main or other pipe belonging to the local body or the Board, as the case may be; (b) the water pipe connecting such a tank, cistern, hydrant, standpipe, meter or tap, with such main or pipe; (xxxvi) "water supply" means a system for providing water to a community for meeting its requirement for drinking and other domestic uses, industry, recreation and various public uses; (xxxvii) "water works" includes water channel (including stream, lake, spring, river or canal, well, other underground water source, pump, galleries, reservoir, cistern, tank), duct, whether covered or open, treatment units, sluice, supply main, culvert, engine, water-truck, hydrants, standpipe, conduit and machinery, land, building or other things for supplying or used for supplying water or for protecting sources of water supply or for treatment of water.

(1) As soon as may be after the commencement of this Act, the State Government shall, by notification in the Official Gazette, with effect from a date to be specified therein, establish for the purposes of this Act a Board to be called "the Gujarat Water Supply and Sewerage Board". (2) The Board shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Act, to acquire, hold or dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name aforesaid. (3) The Board shall be deemed to be a local authority as defined in the Bombay General Clauses Act, 1904.

(1) The Board shall consist of the following members, namely:— (a) the Chairman to be appointed by the State Government, from amongst persons appearing to it to be qualified by reason of wide administrative experience in a managerial capacity or capability as a technical expert, for such appointment; (b) the Member-Secretary to be appointed by the State Government, who shall be a qualified Engineer, having an administrative experience and experience of water supply and sewerage works; (c) a representative of the State Government from the Health and Family Welfare Department, not below the rank of Deputy Secretary to Government, to be appointed by the State Government ex-officio. (1) ... (d) a representative of the State Government from the Panchayats, Housing and Urban Development Department or from the Planning Department, not below the rank of Deputy Secretary to Government, to be appointed by the State Government, ex-officio; (e) a representative of the State Government from the Finance Department, not below the rank of a Deputy Secretary to Government, to be appointed by the State Government, ex-officio; (f) three members to be appointed by the State Government from amongst the elected heads of the local bodies; (g) four members to be appointed by the State Government, who are experts in economic or development planning and engineering. (2) The names of the persons appointed as non-official members shall be published in the Official Gazette.

A person shall be disqualified for being appointed or continuing as a non-official member, if he— (a) has been convicted of an offence involving moral turpitude; (b) is an undischarged insolvent; (c) is of unsound mind and stands so declared by a competent Court; (d) holds, except as provided in sections 6 and 7, any office of profit under the Board; (e) has, directly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of, the Board; (f) is a Director, Secretary, manager or other officer of any company, which has 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) or clause (f) by reason only of his or the company of which he is a Director, Secretary, Manager or other officer having a share or interest in— (i) Any sale, purchase, lease or exchange of immovable property or any agreement for the same; (ii) any agreement for loan of money or any security for payment of money only; (iii) any newspaper in which any advertisement relating to the affairs of the Board is published; (iv) the occasional sale to the Board, upto a value not exceeding one thousand rupees in any one year, of any article in which he or the company regularly trades.

(1) The Chairman, unless appointed ex-officio, shall hold office for three years: Provided that his term of office may be determined earlier by the State Government, by notification in the Official Gazette. (2) The Member-Secretary shall hold office for such period as the State Government may by order specify. (3) A person appointed as member under clause (f) of sub-section (1) of section 4 shall hold office for three years: Provided that, he shall cease to be a member— (a) if he ceases to be the elected head of the local body concerned, or (b) if his term is determined earlier by the State Government by notification in the Official Gazette. (4) A person appointed as member under clause (g) of sub-section (1) of section 4 shall hold office for three years: Provided that, his term of office may be determined earlier by the State Government by notification in the Official Gazette. (5) The members shall be eligible for reappointment. (6) Any member may at any time resign his office by writing under his hand addressed to the State Government, and on such resignation being accepted, he shall be deemed to have vacated his office.

(1) The Chairman and the Member-Secretary shall be paid from the Board Fund such salary and allowances as may be fixed by the State Government. (2) The other members of the Board shall be paid such allowances as may be fixed by the State Government. (3) If any member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave in circumstances not involving the vacation of his appointment, the State Government may appoint another person to officiate for him and to carry out his functions under this Act. (9) Notwithstanding anything contained in the foregoing sub-sections;- (a) no person employed in the Gujarat Public Health Engineering Service to whom any notice or order of termination of his services or compulsory retirement has been issued before the date of commencement of this Act shall be transferred to the Board; (b) the transfer of a person employed as aforesaid against whom any disciplinary proceeding is pending shall initially be provisional and the State Government shall review such transfer after the final order as a result of such disciplinary proceeding is passed and thereafter pass such order as may appear to it to be appropriate in the circumstances of the case; (c) the disciplinary or other action in relation to any person referred to in clause (a) or clause (b) may be taken after the date mentioned in clause (a) in such manner and by such authority as the State Government may by general or special order specify in this behalf; (d) if the services of any employee of the State Government stand transferred under sub-section (1) or sub-section (2) to the Board, the Board shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government. (10) (a) For the purpose of enabling the Board to discharge its functions and duties under this Act, it shall be lawful for the State Government to direct, by a general or special order, that such of officers of the State Government shall be posted under the Board for such period and subject to such conditions as may be specified in the order and accordingly the officers specified in the order shall be posted under the Board. (b) The pay and allowances of any officer posted in accordance with clause (a) under the Board shall, during the period of posting, be paid by the Board from its fund.

(1) The Board may appoint such officers and servants as it considers necessary for the efficient performance of its duties and discharge of its functions against posts sanctioned by the State Government. (2) The recruitment and the conditions of service of the officers and servants of the Board shall be such as may be determined by regulations. (3) The Board may, with the previous approval of the appropriate Government, appoint a servant of the Central Government or the State Government as an employee of the Board on such terms and conditions as it thinks fit. (4) Subject to the superintendence of the Board, the Member-Secretary shall be the Chief Executive Officer of the Board who shall supervise and control all its officers and servants including any officers of Government appointed on deputation to the Board.

All proceedings of the Board shall be authenticated by the signature of the Chairman or of any member authorised by the Chairman and all other orders and instruments of the Board shall be authenticated by the signature of the Member-Secretary or of any other officer of the Board as may be authorised in this behalf by regulations.

(1) The Board may invite any officer of Government or local body or other person to attend its meeting for the purpose of assisting or advising it on any matter. (2) Such officer or person shall have right to speak in, and otherwise take part in the proceedings of the Board, but shall not be entitled to vote.

Subject to the provisions of this Act, the Board may, by general or special order, delegate, either unconditionally or subject to such conditions, including the condition of review by itself, as may be specified in the order, to any committee appointed by it or to the Chairman or the Member-Secretary or any other officer of the Board such of its powers, duties and functions under this Act as it deems fit, not being its powers, duties and functions under sections 42, 77 and 78.

(1) Any member of the Board or of a committee appointed by the Board who— (a) has any share or interest of the nature described in clause (e) or clause (f) of section 5 in respect of any matter, or (b) has acted professionally, in relation to any matter on behalf of any person having therein any such share or interest as aforesaid, shall not, notwithstanding anything contained in the proviso to section 5, vote or take part in any proceedings (including any discussion or resolution or question) of the Board or committee thereof relating to such matter. (2) If any member of the Board or of a Committee appointed by the Board has directly or indirectly any interest in any area in which it is proposed to acquire land for any of the purposes of this Act, he shall not take part in any meeting of the Board or committee thereof in which any matter relating to such land is considered. (3) Nothing in sub-section (1) or (2) shall prevent any member of the Board or committee thereof from voting on, or taking part in the discussion of, any resolution or question relating to any subject other than the subject referred to in these sub-sections.

No act done or proceedings taken under this Act by the Board or a committee appointed by the Board shall be invalidated merely on the ground of— (a) any vacancy of a member or any defect in the constitution or reconstitution of the Board or a committee thereof; or (b) any defect or irregularity in the appointment of a person as a member of the Board or of a committee thereof; or (c) any defect or irregularity in such act or proceedings, not affecting the substance.

The duties and functions of the Board shall be as follows, namely:— (a) to prepare, execute, promote and finance the schemes for supply of water and for sewerage and sewage disposal; (b) to render all necessary services in regard to water supply and sewerage to the State Government and local bodies and on request to private institutions or individuals also; (c) to prepare draft State Plans for water supply, sewerage and drainage on the directions of the State Government; (d) to review and advise on the tariff, taxes, fees, and charges of water supply and sewerage systems, in the areas comprised within the sphere of operation of the water supply and sewerage services of the Board and in the areas of the local bodies which have entered into an agreement with the Board; (e) to assess the requirements of materials and arrange for their procurement and utilisation; (f) to establish State standards for water supply and sewerage services; (g) to review annually the technical, financial, economic and other aspects of water supply and sewerage system of every scheme of the Board or the local bodies which have entered into an agreement with the Board; (h) to establish and maintain a facility to review and apprise the technical, financial, economic and other pertinent aspects of every water supply and sewerage scheme in the State; (i) to operate, run and maintain any water works and sewerage system, if and when directed by the State Government, on such terms and conditions and for such period as may be specified by the State Government; (j) to assess the requirements for man-power and training in relation to water supply and sewerage services in the State; (k) to carry out applied research for efficient discharge of the duties and functions of the Board.

(1) The Board shall, subjeot to the other provisions of this Aet, have power to do anything which n1ay be neocs~ary or expedient for performing its duties and disoharging its functions under this Aot. (2) 'Vithout projudioe to the generality of tho foregoing provisions, suoh powera shall include tho power- (a) to inspollt all water supply and sewerage faciliticH in tho State by \Vhomsoevor they aro opel'atcd; (b) to obtain such periodill or specific infor1nation fron1 any local body and operating agenoy as tho Board may deen1 nece.<1sary ; (c) to provide training for its own personnel as well as for e1nployees of tho local bodies ; (d) to prepare and carry out sohomos for water supply and sewerage; (e) to lay down the sohedule of fees and other ohargos for all kinds of services rendered by the Board to the State Gover1unont, local bodies, institutions or individuals ; (f) to enter into Gontraob or agrce1nentb with any person or persons as tho Board may deem necessary, for pcfor1ning its dutie.s and discha-rging its functions under this Act ; (g) to adopt its own. budget annually ; (h) to approve tariffs for water supply and sewerage services applioa-ble to the aroas co1nprised within the sphere of operation of suoh servioes of the Board ; and within the jurisdiction of such local bodies as have entered into an agreement wiih the Board ; (i) to manage all its affairs so as to provide tho people of tho area within its jurisdiction. \vibh wholesome water and, whoro feasible, efficient sewerage service ; (j) to take such other mea.sures, M may bo necessary, to ensure water supply in time.<1 of any emergency ; (k) to acquire, posso.ss and hold lands and other property and ~ carry any water or se\vcrage works through, across, over ov under any highway, road, stroeb, or place and after reasonable notille in writing to the owner or OOllupier, into, through, over or under any building or land; (l) to abstraot water from auy natural source and dispose of waste water; (m) to raise, borrow or seoure money on such terms and conditions as 1uay be expedient, and in partioular by way of loarn and advances, deposits and issue of debentures aud obtain subventions or mortgages from public iJJ.s.titutions like the Life lnsuranoe Corporation of India, Banks and any international organisations or from the State and Central Goverumont, for drinking water supply and sewerage sohomes or any other schemes for iiuprovement of sanitation ; (n) to receive grants from the State Government, the Central Government and the local bodios for water supply and sewerage or any other sanitation improvement sohomes; (o) to repay instalment.'! of loans and pay interest on the principal thereof to the lenders as per mutuslly agreed terms and conditions ; (p) to advance loans to the local bodies or Government for their water supply and sewerage aohemes on such term.a and conditions as may be specified by the Board ; (q) to recover from the local hodi.68 or Goven1ment principal and interest thereon in rospoot of loans adva.nood to them by the Board ; (r) to in,our such expenditure as the_ Board n1a.y doon1 necessary for performing its dutios and functions under this Act ; (s) to exercISe auch ot.her poweTI!I as are conferred on the Board under other provisions of this Act.

(1) Not,vitl1StandiJig anything contained in any ot-her 111.w for tho time being in force, tho Board may give such dirootiona to MY local body, with regard to t.he i1nple_mente.tion of any water aupply or sewe-rage sch6me financed by it Under clause (a) of section 14, as it thinks fit, and such body shall be bound to comply with such dirootions. (2) In case any local body ia aggrieved by any such directions or experiences any difficulty in complying with the same, it shall refer t.ho matter to the State Govorn1nent, whose dooision thereon shall ho final. (3) The Board shall have po,vor to nail for any return, r.tatement of accounts, report, statistics or other information from any local body or other body or individual, which is required by it for tho exeroise of its powers and porfol'manc6 and discharge of its duties and functions under this Aot, and such body or individual sha_ll ho bowid to furnish such W'onnation.

Tho Board may include in the cost of any scheme or work the execution or further exeoution whereof is undertaken llllder clauso (a) of section 14, supervision and cent.age charges at suoh rate, not e:xoood-ing suoh limit as may be proscribed, as it may determine under clauBC (e) of sub-section (2) of section 115.

(1) From such different dates as :m&y be specified, from time to time by the State Government (hereinafter in this sootion referred to aa "tho appoinWd date"), (a) the propertios and assets (including water worka, buildings, laboratories, stores, vehiclos, fW'nitures and other furnishings) specified in that behalf, which immediately before the appointed date were vested in the State Gover.ument for the purposes of th0 Gujarat Publio Health Enginooring Service, shall vest in ancl stand transferred to the Board; and (b) the rights, liabilities and obligations of the State Government, whe· ther arising out of 'IJ.ny contract or otherwise, pertaining to the said Ser· vice, shall be the rights, liabilities and obligation .. '> of the Board. (2) Such propertie~, assets, rights, liabilitios and obligations shall be valued in auoh manner as the State Government may determine. (3) Where immediately before tho appointed date the State Government is a party to any legal proceedings with respect to any properties and assets transferred to the Board under clause (a) of sub-section {1} or with respect to any of the rights, liabilities or obligations which have become the rights, liabi~ lities or obligations of the Board, under clause (b) of sub-section {1}, tho Board shall be deemed to be substituted for the State Government as a party to thosa proceedings and the proceedings shall continue accordingly.

'Vhero any doubt or dispute arises as to whother any property or asset has vested in the Board under section 18 or any rights, liabilities or obligations have become the rights, liabilities and obligationg of the Board under that seption, such doubt or disptite shall be referrocl to tha State Govarnmont, whose deoi· sion shall be final.

(1) Ou 'IJ.nd aftor the establish1nent of the Board, the State Government 1nay, fro1n ti1ne to time, diroct that the services of such of the existing officers and servants of the State Government in tho Gujarat Public Health Engineer~ ing Service, who in its opinion, are rendered surplus to its requirements, shall stand terminated and their posts shall stand abolished, from such date as may ho specified by it (hereinafter in this section referred to as "the appointed date") and shall ou that date (which 1nay be difforont for different officers and servants) becoine the officers or servants of the Board. (2) Every permanent or temporary employee of the Gujarat Public Health Nugineering Service in respect of whom a direction is issued under sub·sootiou (1) shall, on and from the appointed date, be a permanent or temporary emplo-yee of the Board, as the case may be, against a permanent or temporary post, which shall stand oreated in the establishment of the Board with effect from tho appointed date. (3) Any offi.oer or servant so transferred shall hold his office under tha Board on the same tenure, remuneration and other oonditions of servioe and with the sam.e right.a and privileges as to pension, gratuity, provident fund and other matters as he would have hold on the appointed date if this Aot had not come into foroo, until his employment under tho Board is duly terminated or his remuneration or other conditions of serviae are duly revised or altered by the Board in pur~uance of the law whioh for tho time being governs his oonditi-ons of service: Provided that., the conditions of ~.crv1C1.· applicablo.:: immediately before the appointed date to the case of any such officer or i;ervant shall not be varied to his disadvantage, except with the previous approval of the State Government. (4) Any service rendered by such Government !'ervants und< r the State Government shall be deemed to be service rendered under the Board. (5) 'l'he snIUfl slanding to the credit 0f the (;lllployees rrff i'ted to in sub-secl,ion {1} in any pension, grc::tulty, pro..,-ident fund or otht r like· fui,d11 constituted for them sh<>ll be t.ransfPJT( d bv th(- Stat(· Goven;m• r,1 I(• thl Board nlong ·with nny accumulnted interesi: due till the apl'l,11.t• c c. t-e and \vith the accounts relating to such funds. (6) On and after the appointed date, the Board shall, to th(: ~'xclu~ion of the State Government, be liable for pr1.y·n1ent of p0nsio11, provic.ent fund, gratuity or other like stuns as n1ay be payabh- lo crupk1y<(·~ rtf• L'l"•(' 1,. in sub-section (1) at th1.; appropriatt tin1e i11 f!Ccordance with tht· conLit1ons of th!'ir serYice. (7) Not\Vithstanding anyt.hing contained in tho Industrial Disputes Aot, 1947, or in any other la'v for the time being in force, the transfer of services of any employee to the Board under sub-seotion (1) shall not entitle any suoh employee to any compensation u11de1 that Act or such other law and no such olai1u shall be enttni<nntd h)' any Court, tribunal or authority. (8) (a) Nothing contained in sub-section (1) shall apply W any employee 'Yho by notico in 'vriting given to the State Government within two months from tho appointed date or such extended time as the State Government may, by general or special order, specify, intimates his intention of not becoming or continuing as an employee of the Board. (b) Where such notice is received frotn any employee- (i) in ca so of a permanent employee, ho shall ho allowed to retire giving him the benefit of pcMion, gratuity, provident fund and otlwt benefits accrued to him bad he retired from the Government servioo ou tho appointed dato ; (ii) in case of a temporary employee, his services shall stand teimi-nated after giving him notice or remune1ation in lieu of notice as per tho existing servioo rules of the State Government.

(1) Notwithstanding anything contained in any law for the time being in force, the Board may at any time with the previous approval of the State Government, take over any existing water supply and sewerage services from any local body for operation, and for maintenance, augmentation or improvement and in such cases- (a) all the existing water supply and sewerage services, sewage works and sewage farms, including, as the case may be, all plants, machineries, water-works, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street, and all buildings, lands and other works, materials, stores and things appertaining thereto, belonging to or vested in that local body; (b) so much of the sub-soil appertaining to the said water mains and sewers as may be necessary for the purpose of enlarging, deepening or otherwise repairing or maintaining, any such water mains and sewers or any pipes and other appliances and fittings connected with such water supply and sewerage services and sewage works and sewage farms; and (c) all rights, liabilities and obligations of such local body relating to the things mentioned in clauses (a) and (b), including the right to recover any cost or fees or charges relating to water supply and sewerage services and also including liabilities arising from any loans advanced by Government or any other person to the said local body for the things aforesaid, other than loans diverted to or utilised for purposes other than those referred to in clauses (a) and (b), shall, on such date as may be specified by the State Government in the notification, stand transferred to and vested in the Board and be subject to its control. (2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine. (3) Where any doubt or dispute arises as to whether any property or asset has vested in the Board under sub-section(1) or any rights, liabilities, or obligations have become the rights, liabilities or obligations of the Board under this section, such doubt or dispute shall be referred to the State Government, whose decision shall be final and binding on the Board and the local body concerned. (4) For taking over any properties or assets of the local body, the Board shall pay to that body such amount and on such terms and conditions as may be mutually agreed upon. In the absence of any such agreement, the State Government shall determine the amount to be paid to the local body on the basis of the valuation made under sub-section (2) and after taking into consideration the capacity of the local body to provide water supply and sewerage services, the grants received by the local body from time to time, the outstanding loan liabilities of the local body and such other relevant factors. The decision of the State Government shall be final and binding on the parties. (5) Notwithstanding anything contained in sub-section (4) the amount payable by the Board to the local body under that sub-section may, at the option of the Board, be treated, wholly or partly, to be the grant of loan to the Board on such terms and conditions as the State Government may specify.

In respect of water works taken over from a local body by the Board, all debts and obligations incurred, all contracts entered into, all matters and things engaged to be done by, with or for any local body prior to taking over the water works by the Board shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Board and all suits or other legal proceedings instituted or which might, but for transfer and vesting under sub-section (1) of section 21, have been instituted, or defended by or against the local body, may be continued or instituted or defended by or against the Board.

(1) Notwithstanding anything contained in section 21 or in the relevant local authority law for the time being in force, where the State Government is of opinion, in the case of any water works or sewerage system operated and run by a local body in any area that the operation and management thereof should in public interest be taken over by the Board for a temporary period the State Government may by notification in the Official Gazette, direct the Board to take over for the purpose of operation and management such water works or sewerage system for such period not exceeding five years in the first instance, and on such terms and conditions as may be specified by the State Government in such notification and thereupon the local body concerned shall transfer such works or system to the Board and the Board shall take over from the local body such works or system for the aforesaid purpose and for the period and on the terms and conditions as aforesaid. (2) It shall be lawful for the State Government to extend from time to time the period specified for the purpose of sub-section (1) in the case of any water works or sewerage system so however that such period in the aggregate does not exceed ten years. (3) The terms and conditions to be specified under sub-section (1) may also include the terms and conditions relating to the restoration of the possession of the water works or sewerage system so taken over to the local body on the termination of the period specified under sub-section (1) or the period as extended under sub-section (2). (4) The taking over of any water works or sewerage system by the Board under sub-section (1), and the restoration thereof to the local body under sub-section (3) shall not prejudice any rights in respect of such works or system which any other person may be entitled by due process of law to enforce against the local body or the Board, as the case may be.

Notwithstanding anything contained in the relevant local authority law for the time being in force, it shall be lawful for any local body to entrust to the Board, for the purpose of maintenance, operation and running, any water supply scheme or sewerage system wholly or partly, upon such terms and conditions as may be mutually agreed upon.

(1) The Board may, at the request of a local body, investigate the nature and type of a scheme that such local body may like to be undertaken by the Board for providing water-supply and sewerage facilities in any area, having regard to the economical and other local conditions of such area in all their aspects, undertake survey of such area and decide upon the feasibility of preparing or implementing such scheme. (2) As soon as the investigation undertaken by the Board is completed with respect to any area and the Board considers it feasible to prepare or implement the scheme, it shall give intimation of its decision to undertake such scheme to the local body under whose jurisdiction such area falls and

As soon as may be after the submission of the draft scheme under sub-section (6) of section 20, the State Government shall within such time as may be prescribed, either approve the draft scheme, or approve it with such modifications as it may consider necessary or return the same to the Board with directions to modify it or to prepare a fresh draft scheme in accordance with such directions and the Board shall accordingly modify or prepare a fresh draft scheme, as the case may be, and resubmit it to the State Government for approval.

(1) The State Government may by an order, accord its approval to the draft scheme. (2) An order issued under sub-section (1) shall be conclusive evidence that the scheme has been duly made and approved. The scheme shall thereupon become final and shall be called the "approved scheme".

It shall be the duty of the Board to execute the approved scheme in the areas of the local body or local bodies concerned.

The cost of investigation, preparation and execution of any such scheme undertaken by the Board shall be initially incurred by the Board out of its funds but it shall be recoverable from the concerned local body or local bodies in such manner and in such instalments as may be prescribed. Explanation.—The cost relating to the investigation, preparation and execution of any scheme by the Board shall include all incidental expenses incurred by the Board in connection therewith.

A local body concerned with an approved scheme shall provide necessary assistance to the Board for the proper execution of the approved scheme within the territorial limits of such local body.

(1) When an approved scheme has been finally executed by the Board, all works completed thereunder and the property appurtenant thereto shall be transferred to the local body concerned in such manner and subject to such conditions as may be prescribed and it shall thereafter be the responsibility of such local body to maintain them. (2) The local body shall levy such rates for water supply and sewerage as may be suggested to it by the Board. (3) If a dispute arises as to the property which is to pass to a local body along with the works executed under a scheme, it shall be referred to the State Government for decision and such decision shall be final.

Every contract or assurance of property on behalf of the Board shall be in writing and executed by such authority or officer and in such manner as may be provided by regulations.

The Board shall establish a fund to be called "the Board Fund", which shall be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of the Board, otherwise than by way of loans.

(1) The Board shall also establish another fund to be called "the Loan Fund", which shall also be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of the Board by way of loan. (2) The Board may, with the previous approval of the State Government, establish such other funds as may be necessary for the efficient performance of its duties and discharge of its functions under this Act.

The Board shall not, as far as practicable, and after taking credit for any grant or subvention from the State Government under section 36 carry on its operations under this Act at a loss.

The State Government may, after appropriation duly made in this behalf, from time to time, make grants and subventions to the Board for the purposes of this Act, on such terms and conditions as the State Government may determine.

The State Government may, from time to time, advance loans to the Board on such terms and conditions, not inconsistent with the provisions of this Act, as the State Government and the Board may agree upon.

After appropriation duly made in this behalf, the State Government may make an initial contribution to the Board Fund of Rs. 1,00,00,000 or such lesser sum as it thinks fit.

(1) The Board may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as the State Government may, by general or special order, impose, borrow any moneys required for the purposes of this Act by making arrangements with the Banks or other bodies or institutions approved by the State Government for this purpose. (2) The Board may advance any part of such borrowings to any local body for the performance of its duties and discharge of its functions relating to water supply and sewerage services on such terms and conditions as the Board may determine.

The Board shall create a depreciation reserve and make annual provision therefor in accordance with such principles as may be prescribed.

The State Government may guarantee the repayment of any loan and payment of interest on all or any of the loans given or transferred to the Board for the purposes of this Act.

(1) The Board shall, before the commencement of, and may at any time during, a financial year, prepare a statement or a supplementary statement, as the case may be, of the programme of its activities during that year as well as a financial estimate in respect thereof and the same shall be submitted to the State Government in such form and by such dates as the State Government may, by general or special order, direct, for the previous approval of the State Government: Provided that, in the event of such previous approval not being received before the commencement of the financial year for which such financial statement has been submitted, the Board shall be entitled to expend on all accounts upto an amount not exceeding the amount approved for the corresponding period of the previous financial year and such amount shall not include any sum spent out of the grants and subventions during the said period. (2) The Board shall cause to be maintained such books of account and other books in relation to its accounts and prepare the balance sheet in such form and manner as the regulations may require. (3) (a) The accounts of the Board shall be audited by such Auditor, in such manner and at such times, as the State Government may, by general or special order, direct. (b) The Auditor so appointed shall have such powers of requiring the production of documents and the furnishing of information respecting such matters, and shall have such powers in respect of disallowance and surcharge as may be prescribed. (4) The accounts of the Board as certified by the Auditor together with the audit report thereon shall be forwarded annually to the State Government, who may issue such directions to the Board as it may deem fit and the Board shall comply with such directions. (5) The State Government shall cause the accounts of the Board to be published in such manner as it thinks fit.

(1) The Board shall, by notification in the Official Gazette, fix the cost of water to be supplied according to volume, and also the minimum cost to be charged in respect of each connection. (2) The Board may, in lieu of charging the cost of water according to volume, accept from any consumer a fixed sum for a specified period on the basis of expected consumption of water during that period.

(1) The Board shall, by notification in the Official Gazette, fix the cost of disposal of waste water according to its volume (which may be such percentage of the volume of total water supplied to the consumer as may be prescribed), and also the minimum cost to be charged in respect of such disposal. (2) The Board may, in lieu of charging the cost of disposal of waste water according to the basis stated in sub-section (1), accept from any consumer a fixed sum for a specified period on the basis of expected disposal of waste water during that period.

(1) The Board may provide water meters and charge such rent for the meter as may be provided in the bye-laws. (2) The Board may charge fees for connection, disconnection and re-connection of any water supply or sewer or testing or supervision or for any other service rendered or work executed or supervised at such rates as may be provided by the bye-laws.

The Board may by bye-laws provide for requiring any consumers or class of consumers to deposit such sums as may be specified therein as security for prompt payment of its dues and due performance of the conditions subject to which services are rendered to them. It shall be lawful for the Board to recover its dues from the amount so deposited.

Any sum due to the Board on account of cost of water, costs of disposal of waste water, meter rent, fees, charges or otherwise under this Act, shall, without prejudice to any other mode of recovery be recoverable as arrears of land revenue.

The supply of water for domestic purposes under this Act means supply for any purpose, except the following, namely:- (a) for any trade, manufacture or business; (b) for gardens or for purposes of irrigation; (c) for building purposes, including construction of atreen; (d) for fountain.II, swimming pools, publio bath or ta.nb or for any om.a.. mental or mechanical purposes; (e) for animals, where they aro kepb for salo or hire or for the sale of their produce; (j) for the consumption and use at a restaurant or by inmates of a. hotel, boarding house or residential club; (g) for the oonsumption and use by persons resorbing to lheatre.s and omemas; (~) for watering streets; er (i) for washing vehioloo where they are kept for sale or hixe.

No person shall, except in suoh oiroumstances or subject to suoh conditions as may be provided by the bye-laws, use or allow to be used water supplied by the Board for domestic purposes, for any other purpoi6.

(1) No person, other than a plumber licensed by the Board sh&ll execute any work in respect of a water oonnection not being work of a trivial nature and no person shall permit any such work to be exeouted by a person other than a licensed plumber. (2) 'Vhen any work is executed in contravention of the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Board.

(1) No owner or ocoupier of any premises to which water is supplied by the Board shall oause or suffer any \ater to be wasted, or cause or suffer the service pipe or any tap or other fitting or work connected therewith to remain out of repair so as to oau.so wastage of water. (2) Whenever the Board has reason to believe that as a result of de!eotl in a service pipe or tap or other fitting or work oonneoted therewith water is being wasted, the Boa.rd may, by written notioe, require the consumer to repair and make good the defeot within snob time a.s may be speGified in auGh notice. (3) If snob repair is not oa:rried out within the time specified, the Board may, without prejudioe to any aotion whioh may be taken a.gainat the oon-sumer under any other provision of this Aot, oause au.oh repair to be made. The oost of suoh repair shall be realised from the consumer.

(1) The Board may out off the water •apply from any premi811,- (a) if any fee, rental, oost of water or any oharge or other sum due under this Aot, is not paid within a period of fifteen days a&! servioe of a bill for the same; or (b) if after the reoeipb of A written, notioe· from the· Board: reqniring him to refrain from 'so doing, the consumer oontiinues to use the water or to permit the same' to be used in. oontravention of the provisions of this Aot or any rules or regulations or bye-laws; or (c) if the oonsumer damages or causes to be damaged the water meter or any connection pipe or ferrule; OD (d) if the consumer refuses to admit any officer· or servant of the Board duly authorised in this behalf into the premises- whioh he· propOsea·to enter for tho purposes of executing any work or plaoing or removing any apparatus or 0£ making any examination or inquiry in oonneclrion with the water supply or prevents any such officer or servant from exeouting any work or plaoing or removjng any apparatus or making such examination or inquiry; or (e) if the sorvioe pipe or any· tap· or other fitting· or work connectsd therewith is found on examination by an officer or servant of the Board duly.authorised in this behalf to be out of repair to such an extent as to oause -we.stage or contamination of water and immediate prevention· thei:eof is neoesaruiy~ or (j) if the consumor causea or allows W be 'oaused the service pipe or any tap or other fitting or work connected therewith to be placed, remo-'ffll.· repaired or otherwise interfered with, in contravention of the provi-eiona of thie Aot orof the ·rule& or regulations or bye-laws; or (g) it by reason of leakage in the service pipe or·any tap ·or other fit~ ing or work, dam.age is oaused toe. publio street and immediate prevention thereof is neoeasary. (2) No action taken under or in pursuance of this section shall relieve & person from any penalty or liability whioh he may have otherwise inourrod. (3) The Boa.rd ma-1 reconneot the supply of water disconnected Under 1JUb<.SOOtion (1) on· pe.yment of ·suoh ohargea and on suoh terms and coadi-tiona as may be provided by bye-l&WB.

(1) No l"""n eh•ll- (a} wilfully obstruot any person aoting,under the authority of the. Boaid in setting out the lines of any work or pull up or remove any pillar, po~{· or atay fixed in.the ground for the purpose· of setting out the liooa of_ suoh worb, .o.t dofaoo or destroy any worlcs made for the said .purp086Si or (b) wilfully or negligently bre&k,.injure, turn on, ·open, oloae, shut off.· or otherwiae interfere with any look, cook, valve, pipe, met& or other work! OJ: &pp-UB' boloµing"to' {;he-.Boazd; OJ: (•) ,, wW,wfully, obelmot tho flow, of ,or flwih, dra., •off, or divert or -~.Jn». any we.t.fr ;worb bolQng,ing to -the-Boord. or any water -co1U'88 b7 whioh any au.oh water ia supplied; or (d) ob&truot any offioer .or servant of the Board in the -performanoo mid discha?ge of his duties and functions under this Chapter or refuse or wil-fully negleat to furnish him with means necessary for the making of any entry, inapeotion, examination or inquiry ·thereunder in relation to aiiy watemorks; or (e) bathe in, at or upon any water works, or wash or throw or l)aUse t.o enter therein any animal or throw any rubbish, dirt or filth into any waterworks, or wM.h or olean therein any oloth, wool, or leather or the Bkin of·any,animal, or cause water of any sink or drain or any steam engine or boiler or any other polluted wat.er to turn or be brought into any water-works, or do -any other a.ot whereby the water in any we.t,er works bolo~-, ing to the Board is fouled or likely to be fouled. (2) Nothing in ola.use (b) of sub-seotion (1) shall apply to a OOnBUmer clo-sing the stop-cook fixed on the service pipe supplying water to his premises so long as he baa obtained the oonsen.t of any other ooJl,8Ulllor whose supply be l,lffooted thereby.

The owner or occupier of any premises llhall be ·entitled to ··empty sewage of the premises into a sewer of the Board, provided that, before doing so, he- (a) obtains written petm.Jss1on of the Boa.rd a.nd pays, connootion fee and other ohargos in aooordance with the bye-laws; and (b) complies with such other conditions as may be provided hy the bye-laws.

Where any premises are, in the opinion of the Board, without suffi-oiant means of offeotual disposal of sewage and the sewer of the Board i.e situated at a distance of not 1noro t'.~an fift.ymetroo from any part of the premises, tho Board may, by written notice, require the ownor of the said promises ,to have sewer COJUlection as provided by bye-Jaws.

No person shall, without permi&sion of the Board, make or oaUE"e to be made any connection or oommunioation with any sewer of tho Board.

No person shall, without the permission of tho Board, construct any private street, building or other structure on any sewer of the Board.

Tho Boa.rd may, for the putpo<ie of ventilating any aewer or oess-pool, whether vested in the Board or not, erect upon any premises or affix to the outside of any building, or to any tree, any shaft or pipes as may appear to It to be,,_.,,..,

(1) Where it appears to the Board that there are reaSonable grounds for believing that a private sewer or cess-pool is in such oondition as to be -prejudicial to public hoal~h or to be a nuisance or that a privat.o sewer com·mUJJ.ioa.ting directly or indirectly with a S&W6I' of the Board is so defective as to e.dmit sub-soil water or grit or other materials, the Board may examine its condition and for that purpose may apply any toot, not being a t'611t by vator under pressure, and if it dooms it necesi>a.ry, open the gtoWld. (2) If on examination the sewer or ooss-pool ir. found to be in proper con-dition, the Board shall, as soon as possible, reinstate any ground which has boon opened by it and determine and pay compensation for the damage oaused by it.

No poroon llh.all- (a) wilfully obstruct any poraon acting under the authority of the Board wider this Chapter in setth:tg out the lines of any works or pull up or romove any pillar, post or stay fixed in tho ground for the purposes of ·setting out lines of such work or deface or destroy any works made for the said purposes; or (b) wilfully or negligently break, injuro, turn on, open, close, shut off or otherwiso interfere with any lock, valve, pipe or other workJ or apparatus belonging to the Board and pertaining to its duties and functions under this Chapter; or (c) unlawfully obstruot tho flow of, or flush, draw off or divert or talce sewage from any works belonging to the Board; or (d) obst1uot any officer or servant of the Board in disoharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means neoessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage~.workd.

(1) Any officer or servant of the Board authorised by it in that behalf, may, with or without asai.tants or workmen, enter into or upon any premises in 01der- (a) to make any inspeotion, survey, mea.o;urement, valuation or inquiry; (b) to rake levele; (c) to dig or bore into the sub-soil; ·1 (d) to oot out tho botmdaries and the intended lines of work:; (e) to mark such levels, bo·uldarios and ijnes by placing marks and cut-ting trenches; or {f) to do any other thing necessary for the purposes Qf th.iH Act or any rules or regu]ations or bye-laws :

Any officer or servant authorised by the Board in that behalf may have any tank, pool or well, cleaned or disinfected after notice to the owner or occupier, if any, when it appears that such cleaning or disinfection will prevent or check the spread of any dangerous disease. The cost of cleaning or disinfection shall be recoverable by the Board from the owner or occupier of such tank, pool or well.

Whoever contravenes any of the provisions of this Act or of any rule or bye-law or fails to comply with any notice, order or requisition issued under this Act or any rule or bye-law, shall, on conviction, be punished with fine which may extend to one thousand rupees, and with further fine which may extend to fifty rupees for every day on which such contravention or failure continues after the first conviction.

No court shall take cognizance of any offence under this Act, except on the complaint of the Board made within six months next after the commission of the offence.

(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was responsible to the company for the conduct of its business as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section-- (a) 'company' means any body corporate and includes a firm or other association of individuals, and (b) 'director', in relation to a firm, means a partner in the firm.

It shall be lawful for any officer of the Board authorised by it in this behalf to arrest and hand over to the officer in charge of the nearest police station any person who commits or is suspected to have committed an offence punishable under section 63 and who on demand refuses to give his true name and address or where there is reason to believe that the name or address given by him is not correct. Such police officer shall adopt such legal measures as may be necessary to cause that person to be taken before a magistrate with the least possible delay.

(1) The Member-Secretary or any other officer of the Board authorised by it by general or special order in that behalf may, either before or after the institution of proceedings for any offence punishable under this Act, accept from any person charged with such offence by way of composition of the offence a sum not exceeding two thousand rupees, as he thinks proper. (2) On payment of such sum, no further proceedings shall be taken against the said person in respect of the same offence.

(1) In the performance of its duties and discharge of its functions, the Board shall be guided by such directions on questions of policy as may be given to it, from time to time, by the State Government, in writing. (2) If any question arises, whether any matter is or is not a matter as respects which the State Government may issue a direction under sub-section (1), the decision of the State Government shall be final.

(1) 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 the State Government may direct, a report giving an account of its 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. The State Government shall cause every such report to be laid before the State legislature, as soon as may be after it is received by the State Government. (2) The Board shall also furnish to the State Government at such times and in such form and manner as the State Government may direct, such statistics and returns and such particulars in regard to any proposed or existing activities of the Board or any other matter under the control of the Board as the State Government may, from time to time, require.

The provisions of this Act in so far as they are applicable in relation to any water supply scheme or sewerage system shall, so far as may be, be applicable to any part of such scheme or system. Explanation.-For the purpose of this section, "part" means- (i) in relation to a water supply scheme, the part of such scheme from the main source of water supply up to the high level reservoir, (both inclusive), and (ii) in relation to sewerage system, the part of the system from the main pumping station upto treatment works and works for disposal of effluent (all inclusive).

If in the opinion of the Board, local conditions so require and it is considered by it necessary or expedient in the interests of the efficiency and improvement of water supply or sewerage services in any area, the Board may, by general or special order, entrust, unconditionally or subject to such conditions as may be specified by it in the order or upon such terms and conditions as may be mutually agreed upon, to a committee or other body appointed by it or to any officer or authority exercising any powers or performing any functions in relation to such area under any law for the time being in force in that area, such of its powers and duties under this Act, as it may deem fit, in relation to any water supply scheme or sewerage system in such area.

If the State Government is of opinion that it is in the public interest that the Board and other local bodies having jurisdiction over contiguous area should co-ordinate their activities in relation to water supply services or sewerage facilities or both, it may issue such directions to the Board and the other local bodies concerned as it may think fit and it shall be the duty of the Board and such local bodies to comply with such directions.

(1) All local bodies shall render such help and assistance and furnish such information to the Board and shall make available for the inspection and examination of (and if necessary, preparation of copies from) such records, maps, plans, and other documents as the Board may require to perform and discharge its duties and functions under this Act. (2) Without prejudice to the provisions of sub-section (1) every local body shall on demand make available to the Board on payment of reasonable (d) any other fees and charges to be paid to the Board for service to the consumers; (e) any other matter for which provision is to be or may be made by bye-laws.