Chapter II ESTABLISHMENT, CONDUCT OF BUSINESS, DUTIES AND POWERS OF THE AUTHORITY

CHAPTER II ESTABLISHMENT, CONDUCT OF BUSINESS, DUTIES AND POWERS OF 1[THE AUTHORITY] 3. Establishment of 2[the Authority].- (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 3[an Authority] to be called "the Maharashtra 4[Jeevan Authority]."

1. (2) 5[The Authority] 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 moveable and immoveable, and to contract, and may sue or be sued by its corporate name aforesaid.
2. (3) 6[The Authority] shall be deemed to be a local authority as defined in the Bombay General Clauses Act, 1904 (Bom. I of 1904).

1[4. Constitution of 2[the Authority].- (1) On and from the date of commencement of the Maharashtra Water Supply and Sewerage Board (Amendment) Act, 1996 (Mah. XVIII of 1996) (hereinafter in this section referred to as "the commencement date"), in place of the existing Members 2[the Authority] shall consist of the following Members, namely :-(a) the Minister for Water Supply and Sanitation. ex-officio Chairman; 5[(aa) the Minister for Urban Development ex-officio Co-Chairman; (bb) the Minister for Rural Development ex-officio Co-Chairman;](b) the Minister of State for Water Supply and Sanitation. ex-officio Vice-Chairman;(c) the Minister of State for Urban Development. ex-officio Vice-Chairman;

1. (d) six official Members, not below the rank of Secretary to Government to be appointed by the State Government to represent,-
   • (i) the Water Supply and Sanitation Department,
   • (ii) the Urban Development Department,
   • (iii) the Rural Development and Water Conservation Department,
   • (iv) the Finance Department,
   • (v) the Industries, Energy and Labour Department; and
   • (vi) the Public Health Department;
2. (e) two Members to be appointed by the State Government one each from amongst,-
   • (i) the Mayors of the Municipal Corporations and the Presidents of the Municipal Councils; and
   • (ii) the Presidents of the Zilla Parishads;
3. (f) 6[six Members] to be appointed by the State Government who, in the opinion of the State Government, have special knowledge or practical experience in the field of Water Supply or Sewerage; and
4. (g) the Member-Secretary to be appointed by the State Government.

1. (2) Notwithstanding anything contained in this Act, with effect from the commencement date, all the powers, duties and functions of 7[the Authority] shall, at any time, be exercised, performed and discharged by the Members, who are for the time being holding offices specified in 8[clauses (a), (aa), (bb), (b)], (c), (d) and (g) of sub-section (1), and 9[the Authority] shall be deemed to be validly constituted even though all or any of the other Members may or may not have been appointed for the time being.
2. (3) Appointments made, from time to time, as Members under clauses (d), (e) and (f) of sub-section (1) shall be published in the Official Gazette.

A person shall be disqualified for being appointed or continuing as a non-official Member, if he-

1. (a) has been convicted of an offence involving moral turpitude; (b)is an undischarged insolvent;
2. (c) is of unsound mind and stands so declared by a competent Court;
3. (d) holds, except as provided in sections 6 and 7, any office of profit under 1[the Authority];
4. (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 2[the Authority]; or
5. (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 3[Authority]: 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 immoveable 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 4[the Authority] is published;
   • (iv) the occasional sale to 5[the Authority] upto a value not exceeding ten thousand rupees in any one year, of any article in which he or the company regularly trades.

1[6. Term of office of Members.-(1) A person appointed as Member 2[under clause (e) or (f)] of sub-section (1) of section 4 shall hold office for three years from the date of his appointment, unless his term of office is determined earlier by the State Government, by notification in the Official Gazette. 3* * * * * *

1. (3) The Member-Secretary shall hold office for such period as the State Government may by order specify.
2. (4) The Members shall be eligible for re-appointment.
3. (5) 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[6A. Temporary absence of Members.- 2[(1) In the absence of the Chairman, the Minister for Urban Development being the Co-Chairman, and in the absence of the both, the Minister for Rural Development, being the other Co-Chairman, and in the absence of all the said three, the Minister of State for Water Supply and Sanitation, being the Vice-Chairman, and in his absence, the Minister of State for Urban Development, being the other Vice-Chairman, shall be competent to carry out the duties and functions of the Chairman.]

1. (2) If any member, other than an ex-officio Member of 3[the Authority] is, by reason of illness or otherwise, rendered temporarily incapable of carrying out his duties or is granted leave of absence by the State Government, or is otherwise unable to attend to his duties, in the circumstances not involving the cessation of his membership, the State Government may appoint another person to act for him as the Member to carry out his duties and functions as are allotted by or under this Act. Such person shall vacate office on the date when the Member resumes his duties.]]

1. (1) The 1* * * Member-Secretary shall be paid from 2[the Authority] fund such salary and allowances as may be fixed by the State Government.
2. (2) The other members of 3[the Authority] shall be paid such allowances as may be fixed by the State Government. 4* * * * * *

8. Officers and servants of 1[the Authority] and their recruitment and conditions of service.-(1) 2[The Authority] 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. The recruitment and the conditions of service of the officers and servants of 3[the Authority] shall be determined by regulations. 4[(1A) (i) Subject to the provisions of sub-section (1), no person shall be appointed to the post of Engineer, Grade-I and II, except after consultation with the Maharashtra Public Service Commission constituted for the State of Maharashtra under the Constitution of India (hereinafter referred to as "the Commission");

1. (ii) The State Government shall, after consultation with the Authority and the Commission, make rules prescribing,-

1. (a) the procedure to be followed by the Commission in advertising the post, calling for applications, scrutinising the same and selecting the candidates for interview;
2. (b) the procedure for enabling the officer or officers of the Authority to attend the interview to advise the Commission;
3. (c) the procedure to be followed in case there is a difference of opinion between the Authority and the Commission;
4. (d) the fees and other costs to be paid to the Commission by the Authority for consultation and other incidental matters;
5. (e) any other matter which is necessary or incidental for the purpose of consultation with the Commission. (1B) all the fees paid to the Commission under this section shall be credited to the State Government.] (2)5[The Authority] may, with the previous approval of the appropriate Government, appoint a servant of the Central Government or the State Government as an employee of 6the Authority on such terms and conditions as it thinks fit.

1. (3) Subject to the superintendence of 7the Authority, the Member-Secretary shall be the Chief Executive officer of 8the Authority. He shall supervise and control all its officers and servants including any officers of Government appointed on deputation to 9the Authority].

9. Authentication of orders etc. of 1[the Authority].- All proceedings of 2[the Authority] shall be authenticated by the signature of the Chairman or of any Member authorised by the Chairman and all other orders and instruments of 3[the Authority] shall be authenticated by the signature of the Member-Secretary or of any other officer of 4[the Authority] as may be authorised in this behalf by regulations.

1[The Authority] 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. The person so invited may take part in the proceedings of 2[the Authority], but shall have no right to vote.

Subject to the provisions of this Act, 1[the Authority] 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 2[the Authority] such of its powers, duties and functions under this Act as it deems fit, not being its powers, duties and functions under sections 34, 66 and 67.

12. Disqualification for participation in proceedings of 1[the Authority] or Committee on account of interest.- (1) Any Member of 2[the Authority] or of a committee appointed by 3[the Authority], who-

1. (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 on any resolution or question) of 4[the Authority] or committee thereof relating to such matter. (2) If any Member of 5[the Authority] or of a committee appointed by 6[the Authority] 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 7[the Authority] or committee thereof in which any matter relating to such land is considered.

1. (3) Nothing in sub-section (1) or (2) shall prevent any Member of 8[the Authority] or a committee thereof from voting on, or taking part in the discussion of, any resolution or question relating to any subject other than a subject referred to in these sub-sections.

No act done or proceedings taken under this Act by 1[the Authority] or a committee appointed by 2[the Authority] shall be invalidated merely on the ground of-

1. (a) any vacancy of a Member or any defect in the constitution or reconstitution of 3[the Authority] or a committee thereof; or
2. (b) any defect or irregularity in the appointment of a person as a Member of 4the Authority] or of a committee thereof; or
3. (c) any defect or irregularity in such act or proceedings, not affecting the substance.

14. Duties and functions of 1[the Authority].- The duties and functions of 2[the Authority] shall be as follows, namely :-

1. (a) to prepare, execute, promote and finance the schemes for supply of water and for sewerage and sewerage disposal;
2. (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;
3. (c) to prepare draft State Plans for water supply, sewerage and drainage on the directions of the State Government;
4. (d) to review and advise on the tariff, taxes, fees, and charges of water supply and sewerage systems, in the areas of 3[the Authority] and the local bodies which have entered into an agreement with 4[the Authority];
5. (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;
6. (g) to review annually the technical, financial, economic and other aspects of water supply and sewerage system of every scheme of 5[the Authority] or the local bodies which have entered into an agreement with 6[the Authority];
7. (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;
8. (j) to assess the requirements for man-power and training in relation to water supply and sewerage services in the State;
9. (k) to carry out applied research for efficient discharge of the duties and functions of 7[the Authority];
10. (l) to perform such of the duties and functions, which are being performed by the Maharashtra Environmental Engineering Service, as may be specified, from time to time, by the State Government;
11. (m) to perform and discharge such other duties and functions as are allotted to 8[the Authority] under other provisions of this Act or as may be entrusted to it by the State Government.

15. Powers of 1[the Authority].-(1) 2[The Authority] shall, subject to the other provisions of this Act, have power to do anything which may be necessary or expedient for performing its duties and discharging its functions under this Act.

1. (2) Without prejudice to the generality of the foregoing provisions, such powers shall include the power-
   • (a) to inspect all water supply and sewerage facilities in the State by whomsoever they are operated ;
   • (b) to obtain such periodic or specific information from any local body and operating agency as 3the Authority] may deem necessary;
   • (c) to provide training for its own personnel as well as for employees of the local bodies;
   • (d) to prepare and carry out schemes for water supply and sewerage;
   • (e) to lay down the schedule of fees and other charges for all kinds of services rendered by 4[the Authority] to the State Government, local bodies, institutions or individuals;
   • (f) to enter into contract or agreement with any person or persons as 5[the Authority] may deem necessary, for performing its duties and discharging its functions under this Act;
   • (g) to adopt its own budget annually;
   • (h) to approve tariffs for water supply and sewerage services applicable to respective local areas comprised within the jurisdiction of 6[the Authority] and such local bodies as have entered into an agreement with 7[the Authority];
     • (i) to manage all its affairs so as to provide the people of the area within its jurisdiction with wholesome water and, where feasible, efficient sewerage services;
   • (j) to take such other measures as may be necessary, to ensure water supply in times of any emergency;
   • (k) to acquire, possess and hold lands and other property and to carry any water or sewerage works through, across, over or under any highways, roads, streets, or place and, after reasonable notice in writing to the owner or occupier into, through over or under any building or land;
   • (l) to abstract water from any natural source and dispose of waste water;
   • (m) to raise, borrow or secure money on such terms and conditions as may be expedient, and in particular by way of loans and advances, deposits and issue of debentures and obtain subventions or mortgages from public institutions like the Life Insurance Corporation of India, banks and any international organisations or from the State and Central Governments, for drinking water supply and sewerage schemes or any other schemes for improvement of sanitation;
   • (n) to receive grants from the State Government, the Central Government and the local bodies for water supply and sewerage or any other sanitation improvement schemes;
   • (o) to repay instalments of loans and pay interest on the principal thereof to the lenders as per mutually agreed terms and conditions;
   • (p) to advance loans to the local bodies or Government for their water supply and sewerage schemes on such terms and conditions as may be specified by 8[the Authority];
   • (q) to recover from the local bodies or Government principal and interest thereon in respect of loans advanced to them by 9[the Authority];
   • (r) to incur such expenditure as 10[the Authority] may deem necessary for performing its duties and functions under this Act;
   • (s) to exercise such other powers as are conferred on 11[the Authority] under other provisions of this Act.

16. Powers of 1[the Authority] to give directions and to call for returns, reports, etc.-(1) Notwithstanding anything contained in any other law for the time being in force, 2[the Authority] may give such directions to any local body, with regard to the implementation of any water supply or sewerage scheme financed by it under clause (a) of section 14, as it thinks fit, and such body shall be bound to comply with such directions.

1. (2) In case any local body is aggrieved by any such directions or experiences any difficulty in complying with the same, it shall refer the matter to the State Government whose decision thereon shall be final.
2. (3) 3[The Authority] shall have power to call for any return, statement of accounts, report, statistics or other information from any local body or other body or individual, which is required by it for the exercise of its powers and performance and discharge of its duties and functions under this Act, and such body or individual shall be bound to furnish such information.

1[The Authority] may include in the cost of any scheme or work the execution or further execution whereof is undertaken under clause (a) of section 14, supervision and centage charges at such rate, not exceeding such limit as may be prescribed, as it may determine under clause (e) of sub-section (2) of section 15.