Chapter II ESTABLISHMENT OF THE BOARD

Board.—(1) The State Government shall as soon as may be after the commencement of this Chapter, constitute by notification in the official Gazette a Board by the name of “The Bangalore Water Supply and Sewerage Board”.

2[(2) The Board shall consist of not less than three and not more than nine members appointed by the State Government.]

1. (3) Of the members,—
   • (a) one shall be a person who has experience of, and has shown capacity in commercial matters and administration; (b) 2[two] shall be 1[a person with wide experience of civil engineering works preferably in the field of public health engineering with reference to water supply, sewerage and sewage disposal and industrial wastes] ; and
   • (c) one shall be a person who has experience of accounting and financial matters in a public utility undertaking, preferably a water supply or sewage disposal undertaking.
2. (4) One of the members possessing any of the qualifications specified in sub-section
3. (3) shall be appointed by the State Government to be the Chairman of the Board. 2[(5) A person shall be disqualified for being appointed or being a member of the Board if he is a member of the Parliament or of any State Legislature or any local authority.]
4. (6) No act done by the Board shall be called in question on the ground only of the existence of any vacancy in, or defect in the constitution of, the Board.

¹ Substituted by Act 6 of 1966 w.e.f. 17.3.1966.

² Substituted by Act 15 of 2010 w.e.f. 16.04.2010.

The Chairman and other members of the Board shall hold office for such period, and shall be eligible for re-appointment under such conditions, as may be prescribed by the rules.

1[(1) A person shall be disqualified for being appointed as a member of the Board, and for being a member thereof, if, save as hereinafter provided, he has directly or indirectly by himself or his partner any share or interest in any work done by order of the Board or in any contract or employment with, or under, or by, or on behalf of, the Board.]

1. (2) Nothing contained in sub-section (1) shall prevent a member from acquiring or holding any share or interest in any firm or company 2[x x x] : Provided that if the Board has entered into, or is about to enter into any contract or agreement with any such firm or company in which a member holds any share or interest, he shall disclose the fact and nature of such interest and he shall not be entitled to vote on any decision of the Board relating to such contract or agreement.
2. (3) A disclosure referred to in the proviso to sub-section (2) shall forthwith be recorded in the minutes of the Board and communicated to the State Government and the State Government may thereupon give such directions as it may deem proper.

¹ Substituted by Act 6 of 1966 w.e.f. 17.3.1966.

² Omitted by Act 6 of 1966 w.e.f. 17.3.1966.

1. (1) The State Government may suspend from office for such period as it thinks fit or remove from office any member of the Board who,—
   • (a) is of unsound mind and stands so declared by a competent court; or
   • (b) is an undischarged insolvent; or 1[(c) becomes subject to any disqualification specified in sub-section (1) of section 5.]
   • (d) becomes or seeks to become a member of Parliament or any State Legislature or any local authority; or
   • (e) in the opinion of the State Government,—
     • (i) has refused to act; or
     • (ii) has become incapable of acting; or
     • (iii) has so abused his position as a member as to render his continuance on the Board detrimental to the interests of the general public; or
     • (iv) is otherwise unfit to continue as a member; or
   • (f) is convicted of an offence involving moral turpitude.
2. (2) The State Government may suspend any member pending an inquiry against him.
3. (3) No order or removal shall be made under this section unless the member concerned has been given an opportunity to submit his explanation to the State Government and when such order is passed, the seat of the member removed shall become vacant and another member may be appointed under section 3 to fill up the vacancy.
4. (4) A member who has been removed shall not be eligible for re-appointment as member or in any other capacity to the Board.
5. (5) If the Board fails to carry out its functions, or refuses or fails to follow 1[the directions issued by the State Government under section 89] , the State Government may remove the Chairman and the members of the Board and appoint a Chairman and members in their places.

¹ Substituted by Act 6 of 1966 w.e.f. 17.3.1966.

1. (1) The State Government may declare void any transaction in connection with which a member has been removed under 1[x x x] clause (e) of sub-section (1) of section 6 after considering the report on the facts of the case made to it by a District Judge nominated by it in this behalf.
2. (2) A District Judge nominated under sub-section (1) shall, before making his report under that sub-section to the State Government in relation to any transaction, give all parties interested in the transaction a reasonable opportunity of being heard.
3. (3) Where a transaction is declared void under this section it shall not be enforceable by any party to the transaction but the provisions of section 65 of the Indian Contract Act, 1872, shall, so far as may be, apply to such transaction as they apply to an agreement which is discovered to be void or a contract which becomes void.
4. (4) The decision of the State Government declaring any transaction void under this section shall be final and shall not be called in question in any Court.

¹ Omitted by Act 6 of 1966 w.e.f. 17.3.1966.

If the Chairman or any other member of the

Board is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the State Government may appoint another person to officiate for him and carry out his functions under this Act or any rule or regulation made thereunder.

1. (1) The Board shall be a body corporate having perpetual succession and a common seal, with power subject to the provisions of this Act and the rules made thereunder, to acquire and hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
2. (2) For the purposes of this Act and the Land Acquisition Act, 1894, the Board shall be deemed to be a local authority.

All orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other member authorised by the Board in this behalf and all other instruments issued by the Board shall be authenticated by the signature of such member or officer of the Board as may in like manner be authorised in this behalf.

1. (1) The Board shall hold ordinary meetings at such intervals as may be provided in the regulations; and a meeting may be convened by the Chairman at any other time for the transaction of urgent business.
2. (2) The number of members necessary to constitute a quorum at a meeting shall be such as may be provided in the regulations.

The Board may appoint a Chief Administrative Officer cum Secretary, Engineer in Chief, Chief Engineers, Sanitary Engineers, Water Supply Engineers and such other Engineers, Officers and servants as may be required to enable the Board to carry out its functions under this Act:

Provided that the appointment of the Chief Administrative Officer-cum-Secretary,

¹ Substituted by Act 15 of 2010 w.e.f. 16.04.2010.

Engineer in Chief, Chief Engineers, Additional Chief Engineers, Executive Engineers shall be made with the prior approval of the State Government.]

1[consultants] .—The Board may, subject to such conditions as may be prescribed by

1[regulations]

, from time to time, appoint qualified persons to be

¹ Substituted by Act 6 of 1966 w.e.f. 17.3.1966.

1[consultants] to the Board and pay them such remuneration as it thinks proper.

1. (1) The State Government shall constitute a Consultative Committee consisting of members of the Board and such other persons being not less than three and not more than nine as the State Government may appoint after consultation with such representatives or bodies representative of the following interests as the State Government thinks fit, that is to say, the Municipal Bruhat Bangalore Mahanagara Palike of the Bruhat Bangalore Mahanagara, the Bangalore City Improvement Trust Board and consumers of water.
2. (2) The Chairman of the Board shall be ex-officio Chairman of the Consultative Committee.
3. (3) The Consultative Committee shall meet at least once in every three months.
4. (4) The functions of the Consultative Committee shall be as follows:—
   • (i) to advise the Board on major questions of policy and major schemes;
   • (ii) to review the progress and the work of the Board from time to time;
   • (iii) to consider such other matters as the Board may place before it; and
   • (iv) to consider such matters as the State Government may by rules prescribe.
5. (5) The Board shall place before the Consultative Committee the annual financial statement and supplementary statement, if any, before submitting such statement to the State Government under section 17 together with copies of the report and proceedings.

1. (1) The Board shall be charged with the general duty of providing a supply and improving the existing supply of water in the Bangalore Metropolitan Area and of making adequate provision for the sewerage and the disposal of the sewage in the Bangalore Metropolitan Area and for the efficient discharge of such duty the Board shall exercise such powers and perform such functions as are conferred or imposed by or under this Act.
2. (2) Without prejudice to the provisions of sub-section (1), it shall be the duty of the Board to take steps from time to time,—
   • (a) for ascertaining the sufficiency and wholesomeness of water supplies within the Bangalore Metropolitan Area;
   • (b) for preparing and carrying out schemes 1[x x x] for the supply of wholesome water for domestic purposes within the Bangalore Metropolitan Area;
   • (c) for preparing and carrying out schemes 1[x x x] , for the proper sewerage of, and the disposal of the sewage of, the Bangalore Metropolitan Area. 4[ 2[Provided that no scheme under clause (b) or (c) estimated to the cost as specified in column (2) of the Table below shall be carried out by the Board without approval of the Authority specified in column(3) thereof, namely:- Table SL. No. (1) Scheme (2) Approving Authority (3)
3. (1) A scheme costing more than rupees ten crores irrespective of source of funding Government Cabinet Level
4. (2) A scheme costing less than rupees ten crores with Government grant or loan as source of funds Government (Administrative Department)] ]
5. (3) A scheme under clause (b) of sub-section (2) shall inter alia make provision,—
   • (a) for a supply of wholesome water in pipes to every part of the Bangalore Metropolitan Area in which there are houses, for the domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so however, that this clause shall not require the Board to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of the Bangalore Metropolitan Area where such a supply is already available at such point or points aforesaid;
   • (b) for a supply, as far as possible, of wholesome water otherwise than in pipes in every part of the Bangalore Metropolitan Area in which there are houses, for the domestic purposes of the occupants thereof, and to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that part.
6. (4) If any question arises under clause (a) of sub-section (3) as to whether anything is or is not practicable at a reasonable cost or as to the point or points to which pipes must be taken in order to enable houses to be connected to them at reasonable cost, or under clause (b) of the said sub-section, as to whether a public supply can be provided at a reasonable cost, the State Government shall determine that question and thereupon the Board shall give effect to that determination.
7. (5) Without prejudice to the provisions of sub-sections (1), (2) and (3), the Board shall, for the purposes of securing, as far as is reasonably practicable, that every house has a sufficient supply of wholesome water for domestic purposes, exercise its powers under this Act of requiring the owners of houses to provide a supply of water thereto.

1[(6) The Board shall also have power to insist on owner, occupier or builder to adopt water conservation methods like rain water harvesting and recycling of waste water for non potable or potable purposes.

1. (7) For the efficient discharge of such duties, the Board shall exercise such powers and perform such functions as are conferred or imposed by or under this Act.] 4. substituted by Act 2 of 2017 w.e.f 4.1.2017

¹ Omitted by Act 6 of 1966 w.e.f. 17.3.1966.

² Inserted by Act 6 of 1966 w.e.f. 17.3.1966.

³ Inserted by Act 15 of 2010 w.e.f. 16.04.2010.