The Karnataka Urban Water Supply and Drainage Board Act, 1973
Chapter X RULES AND REGULATIONS
Chapter X RULES AND REGULATIONS
68. Power to make rules
(1) The Government may after previous publication make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for,- (a) all matters expressly required or allowed by this Act to be prescribed ; (b) the qualifications for appointment of, and the grant of leave of absence to, the Chairman and the Managing Director of the Board ; (c) the conditions of service of the Chairman, the Managing Director and the non-official directors including the payment of any honorarium or sitting fees for attending the meetings of the Board and any other allowances and the manner of filling casual vacancies in the office of the non-official directors of the Board; (d) the functions of the Board ; (e) the conditions of the acquisition and transfer of any property by the Board; (f) the time-limit within which the resolutions of the local authority, for the preparation and execution of schemes by the Board will have to be passed and communicated to the Board; (g) the time-limit within which the approval of the Government to the draft schemes prepared and forwarded by the Board, will have to be given; (h) the manner in which and the number of instalments and the time or times at which, the cost of the schemes shall be recovered ; (i) the manner of operation of funds by the Board ; (j) the mutual relationship of the Board and other local authorities in any matter in which they are jointly interested; (k) the borrowing and lending of money by the Board ; (l) the conditions and limitations for the grant of loans and advances by the Board to the local authorities; (m) the rights, privileges and authority of auditors appointed under this Act; (n) the form in which the reports of the Board will have to be prepared by the Board and the form and manner and the time limit for the submission of statistics and returns by the Board to the Government; (o) the manner in which the accounts of the Board will have to be published. (3) All rules made under this Act shall be published in the official Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (4) Every rule made under this section shall be laid as soon as may be, after it is made before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session, or successive session aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the Government in the official Gazette, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule.
Chapter X RULES AND REGULATIONS
69. Power to make regulations
(1) The Board may, by notification, make regulations not inconsistent with this Act and the rules made thereunder for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for,- (a) all matters expressly required or allowed by this Act to be prescribed by regulations; (b) the terms and the conditions of appointment and service and the scales of pay of officers and servants of the Board including the payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants of the Board; (c) the supervision and control over the acts and proceedings of the officers and servants of the Board and the maintenance of discipline and conduct among the officers and servants of the Board ; (d) the procedure in regard to the transaction of business at the meetings of the Board including the quorum; (e) the purposes for which and the manner in which temporary association of persons may be made; (f) the duties, the functions, the terms and conditions of service of the members of the Committees; (g) the duties, the functions and the powers of the Chairman, the Managing Director, the Secretary and the Chief Engineer of the Board ; (h) the manner and the form in which a sinking fund, a depreciation reserve fund and the development fund has to be constituted; (hh) the manner and the form relating to the maintenance of the Accounts of the Board; (i) the connection of water supply pipes for conveying to any premises supply of water from Board Water Works; (j) the making and renewing connection with Board Water Works; (k) the power of the Board,- (i) to stop the supply of water, whether for domestic purpose or not, or for gratuitous use; (ii) to prohibit the sale and use of water for the purpose of business; (iii) to alter the position of connections; (iv) to take charge of private connections; (v) to provide water by hydrants; (l) the prohibition of,- (i) fraudulent and unauthorised use of water ; (ii) tampering with meters ; and (iii) throwing or emptying into Board sewers certain matters; (m) the licensing of plumbers and fitters; and for the compulsory employment of licensed plumbers and fitters; (n) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any Board Water Works and the stamping of pipes and fittings and the fees for such stamping; (o) the size, material, quality and description of pipes, cisterns, and fittings which are found on an examination under the provisions of the Act to be so defective that they cannot be effectively repaired;
(p) the provision and maintenance of meters when water is suppled by measurement and the maintenance of pipes; cisterns and other water works;
(q) the regulation or prohibition of,-
(1) the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers;
(2) the construction, alteration, maintenance, preservation, cleaning and repairs of sewers, ventilation shafts, pipes, latrines, urinals, cesspools and other sewerage works;
(r) the cleaning of sewers, the prohibition of erection of buildings over sewers without the permission of the Board, the connection of private drains with Board sewers, the location and construction of cesspools, the covering and ventilation of cesspools;
(s) the period or periods, of the day during which trade effluents may be discharged from any trade premises into Board sewers;
(t) the exclusion from trade effluents of all condensing matter;
(u) the elimination from trade effluent, before it enters a Board sewer, of any constituent which, in the opinion of the Board would, either along or in combination with an matter with which it is likely to come into contact while passing through Board sewers, injure or obstruct these sewers or make specially difficult or expensive the treatment or disposal of the sewage from those sewers;
(v) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into Board sewers on any one day and the highest rate at which trade effluent may without such consent or permission, be discharged from any trade premises into Board sewers;
(w) the regulation of the temperature of trade effluent at the time of its discharge into Board sewers and the securing of the neutrality of trade effluent (that is to say that it is neither acidic nor alkaline) at the time of such discharge;
(x) the provision and maintenance of such inspection chamber or manhole as will enable a person readily to take at any time samples of what is passing into Board sewers from trade premises;
(y) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into Board sewers and the testing of such meters;
(z) the charges to be paid to the Board by occupiers of trade premises for the reception of trade effluents into Board sewers and disposal thereof.
(3) No regulation or its cancellation or modification shall have effect until the same shall have been approved by the Government.
(4) The Government may, by notification, rescind any regulation made under this section and thereupon, the regulation shall cease to have effect.
(5) In making any regulation under this section the Board may provide that a breach thereof shall be punishable with fine which may extend to Rs. 100 and in case of continuing breach with an additional fine which may extend to Rs. 10 for every day during which the breach continues after the receipt of a notice from the Board to discontinue such breach.
Chapter X RULES AND REGULATIONS
70. Provision as to employees of the local authorities employed in connection with water supply and sewerage undertakings
(1) With effect from the date on which any water supply or sewerage undertaking of any local authority vests in the Board, every officer or other employee of the concerned local authority employed in connection with the water supply undertaking or the sewerage undertaking, as the case may be, shall stand transferred to and become an officer or other employee of the Board with such designation as the State Government may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if he had continued to be an officer or employee of the local authority and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Board:
Provided that any service rendered by such officer or employee under the local authority before such transfer shall be deemed to be service rendered under the Board.
Chapter X RULES AND REGULATIONS
71. Continuation of appointments, notifications, rules, bye-laws etc.
Continuation of appointments, notifications, rules, bye-laws etc. (1) With effect from the date of vesting of the water supply or sewerage undertaking of any local authority in the Board.-
(a) any appointment, notification, order, tax, rates, rentals, fees and other charges, scheme, rule, bye-law, form or notice made or issued, and any licence or permission granted under the Karnataka Municipalities Act 1964 or any other law, in so far as it relates to the water supply or sewerage undertakings, shall continue in force and be deemed to have been made, issued or granted under the provisions of this Act until it is superseded or modified by any appointment, notification, tax, rates, rentals, fees and other charges, order, scheme, rule, bye-law, form, notice, licence or permission, made, issued, imposed or granted under this Act;
(b) all obligation and liabilities incurred, all contracts entered into, all matters and things engaged to be done by, with, or for the local authority in so far as it related to the operation and maintenance of such of the water supply or drainage undertakings as may be notified by the Government shall be deemed to have been incurred, entered into or engaged to be done by, with, or for the Board;
(c) all property, moveable and immovable and all interests of whatsoever nature and kind therein vested in the local authority in so far as they relate to the operation and maintenance of such of the water supply or drainage undertaking as may be notified by the Government shall, with all rights of whatsoever description, used, enjoyed or possessed by the local authority in respect of the water supply or drainage undertaking, vest in the Board;
(d) all arrears of rates, (including water cess to be levied by the local authority in the form of tax assessed on building and lands) fees, rents and other sums due to the local authority in connection with the water supply or drainage undertaking shall be deemed to be due to the Board and shall be recoverable by it under this Act;
(e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the local authority so far as they relate to the water supply or sewerage undertaking may be continued or be instituted by or against the Board.
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