Chapter II ESTABLISHMBNT CONDUCT OF BUaNeS6, DWa AND POWBR9 THE BOARD

1. (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 Orissa Water Supply and Sewerage Board".
2. (2) The Board shall be a body corporate having perpetual succession and a common seal, and may sue or be sued in its corporate name and shall subject to the provisions of this Act, be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and do all things necessary for the purposes of this Act.
3. (3) The Board shall be deemed to be a local Authority.

1. (1) The Board shall consist of the Chairman, the Vice-Chairman and the following members, namely :-
   • (a) [Deleted]
   • (b) The Vice-chairman of the Board to be appointed by Government;
   • (c) Additional Secretary, Finance-cum-Director, Institutional Finance, ex officio member ;
   • (d) Three Chairmen of the Municipalities of the Revenue Divisions in the State to be nominated by the State Government as ex-officio members ;
   • (e) Two non-official members to be nominated by the State Government;
   • (f) [Deleted]
   • (g) Two technical members to be nominated 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
   • (h) A person in the rank of Chief Engineer of Public Health Engineering to be appointed by the State Government-Member, Secretary.
2. (2) Notwithstanding anything contained in this Act, all the duties and functions of the Board shall at any time be exercisible, performed and discharges by the members, who are for the time being holding office specified in clauses (a),
   • (b) and
   • (h) of sub-section (1), even though all or any other members may or may not have been appointed for the time being.
3. (3) The names of persons appointed as Vice-Chairman and members shall, from time to time, be published in the Official Gazette.

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

1. (a) has been convicted of an offence involving moral turpitude;
2. (b) is an undischarged insolvent;
3. (c) is of unsound mind and stands so declared by a competent court;
4. (d) holds, except as provided under sections 6 and 8, any office of profit under the Board;
5. (e) has, directly or indirectly by himself or by any partner, employed or employe, any share or interest, whether pecuniary or of any other nature in any contract or employment with by or on behalf of the Board; or
6. (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
7. (e) or clause
8. (f) by reason only of his or the company of which he is a Director, Secretary, Manager or other Officer, having 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 or 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, up to a value not exceeding ten thousand rupees in any year of any article in which he or the company regularly trades.

1. (1) A person appointed as Vice-Chairman under clause
   • (b) or nominated as a member under clause
   • (f) or
   • (g) of sub-section
2. (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.
3. (2) A person appointed as Member under clause
   • (d) of sub-section
4. (1) of section 4 shall hold office for three years from the date of his appointment: Provided that he shall cease to be Member as soon as he ceases to be an elected Member of the local authority concerned, or if his term of office is determined earlier by the State Government, by notification in the Official Gazette.
5. (3) The Member-Secretary shall hold office for such term as the State Government may, by order specify.
6. (4) 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. (1) In the absence of the Chairman, the Vice-Chairman shall be competent to carry out the duties and functions of the Chairman.
2. (2) Any vacancy in the office of the Vice-Chairman or of a Member due to death, resignation, removal or otherwise shall be filled up by the Government by appointment of a person thereto, who shall hold office for the unexpired period of the term of the Member in whose place he is so appointed.
3. (3) If the Vice-Chairman or any other Member of the Board 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 circumstances not involving the cessation of his membership, the State Government may appoint another person to act for him as the Vice-Chairman, or other Member, as the case may be, to carry out his duties and functions by or under this Act :

Other provisions regarding Members

1. (1) The Member-Secretary, if not in Government employment shall be paid from the Board Fund such salary and allowances as may be fixed by the State Government.
2. (2) The other Members of the Board shall be paid such allowances as may be fixed by the State Government.

1. (1) The Board may appoint such officers and employees as it considers necessary for the efficient performance of its duties and discharge of its functions against posts sanctioned by the State Government.
2. (2) The salary, recruitment and the conditions of service of the officers and servants of the Board shall be such as may be determined by regulations by the Board.
3. (3) The Board may with the previous approval of the State 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. (4) Subject to the superintendence of the Board, the Member-Secretary shall be the Chief Executive Officer of the Board and, shall supervise and control all its officers and employees 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 the Vice-Chairman or any other Member authorised by the Chairman and all other orders and instruments of the Board shall be authenti- cated by the signature of the Member Secretary or of any other officer of the

Assistance of Government Officers, etc 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 and the person so invited may take part in the proceedings of the Board, but shall have no right to vote in such meeting.

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 35, 66 and 68.

1. (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) in 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, notwithstanding anything contained in the proviso to section 5 shall not vote or take part in any proceedings (including any discussion on any resolution or question) of the Board or Committee thereof relating to such matter.
2. (2) If any Member of the Board or of a Committee appointed by the Board has voluntarily acquired any share or interest in any contract or employment such as is referred to in clauses
   • (e) and
   • (f) of section 5, he shall be disqualified for being a Member and shall be removed from his office by the State Government, and any decision taken by the Board or Committee thereof in any matter in which such Member has voted or taken part, shall be void: Provided that nothing in this sub-section shall apply to any Member of the Board or of a Committee appointed by the Board, who may have been appointed by the State Government or by any other authority competent in this behalf, to represent the interest of the labour in any such contract or employment.

No act or proceeding of the Board or of a Committee appointed by the Board shall be invalidated merely on the ground of—

1. (a) the existence of a vacancy or any defect in the constitution of the Board or a Committee thereof ;
2. (b) any defect or irregularity in the appointment of a person as a Member of the Board or of a Committee thereof ;
3. (c) any defect or irregularity in such act or proceeding not affecting the substance.

The duties and functions of the Board shall be as follows :-

1. (a) to render all necessary services in regard to water-supply, sewerage and sanitation to the State Government and Local Bodies, and on request to private institutions or individuals ;
2. (b) to prepare draft State plans for water-supply, sewerage and sanitation under the directions of the State Government ;
3. (c) to review and advise on the tariffs, fees and charges of water-supply and sewerage operating in the areas under the jurisdiction of the Board ;
4. (d) to assess the requirements of materials and arrange for their procurement and utilisation ;
5. (e) to review annually the technical, financial, economic and other aspects of water-supply and sewerage ;
6. (f) to establish and maintain a facility to review and appraise the technical, financial, economical and other pertinent aspects of every water-supply and sewerage scheme in the State ;
7. (g) to operate, run and maintain any water works and sewerage system when directed by Government as per the provisions contained in this Act ;
8. (h) to assess the requirements of manpower and training in relation to water supply and sewerage services in the State ;
   • (i) to carry out applied research in relation to water supply and sewerage services in the State ;
9. (j) to perform such of the duties and functions, which are being performed by the Public Health Engineering Organisation as may be specified from time to time by the State Government ;
10. (k) to perform and discharge such other duties and functions, as are allotted to the Board under other provisions of this Act or as may be entrusted to it by the State Government.

1. (1) The Board shall, subject to the 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.
2. (2) Without prejudice to the generality of the foregoing provisions, such power shall include the power—
   • (a) to inspect all water-supply and sewerage facilities in the State by who soever they are operated ;
   • (b) to obtain such periodic or specific information from any Local Body and operating agency as the Board may deem necessary ;
   • (c) to provide training for its own personnel as well as for employees of the Local Bodies ;
   • (d) to prepare schemes for water-supply and sewerage ;
   • (e) to lay down the schedule of fees and other charges for all kinds of services rendered by the Board to the State Government, Local Bodies, institutions or individuals ;
   • (f) to enter into contract or agreement with any person or persons as the Board may deem necessary for performing its duties and discharging its functions under this Act ;
   • (g) to prepare its own budget annually ;
   • (h) to approve tariffs for water-supply and sewerage services applicable to respective local areas comprised within the jurisdiction of the Board and such other Local Bodies as have entered into an agreement with the Board for such purpose ;
     • (i) to make such other measures as may be necessary to ensure water-supply at the time of emergency ;
   • (j) to abstract water from any natural source and dispose of waste water ;
   • (k) to raise, borrow or secure money on such terms and conditions as may be authorised by the State Government from public institutions like the Life Insurance Corporation of India, HUDCO, National and International Financial Agencies, Banks and from the State and Central Government for drinking water-supply and sewerage schemes or any other schemes for improvement of sanitation ;
   • (l) 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 ;
   • (m) to repay instalments of loans and pay interest on the principal thereof to the public institutions as per mutually agreed terms and conditions ;
   • (n) to advance loans to the Local Bodies for their water-supply and sewerage schemes on such terms and conditions as may be specified by the Board ;
   • (o) to incur such expenditure as the Board may deem necessary for performing its duties and functions under this Act ;
   • (p) to exercise such other powers as are conferred on the Board under other provisions of this Act ;
   • (q) to recover from the Local Bodies principal and interest thereon in respect of loans advanced to them by the Board.

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Board may give such directions to any Local Body, with regard to the implementation of any water-supply or sewerage scheme financed by it, as it thinks fit.
2. (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.
3. (3) The Board 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 the board 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.

The Board may include in the cost of any scheme or work the execution, or where execution where is undertaken, supervision and centage charges as such rate, not exceeding such limit as may be prescribed, as it may determine.