The Orissa Water Supply and Sewerage Board Act, 1991

Establishment, conduct of business, duties and powers the Board

1. (1) This Act may be called the Orissa Water Supply and Sewerage Board act, 1991.
2. (2) It shall extend to the whole of the State of Orissa.
3. (3) It 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 of this Act and any reference in any provision to the commencement of this Act shall be construed as reference to the coming into force of that provision.

In this Act, unless the context otherwise requires :-

1. (a) "Board" means the Orissa Water Supply and Sewerage Board established under section 3;
2. (b) "bye-laws" means bye-laws made under that Act;
3. (c) "cess-pool" includes a settlement tank or other tank to receive or store foul matters from any premises.
4. (d) "Chairman" means the Chairman of the Board;
5. (e) "communication pipe" any pipe or system of pipes, alongwith 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;
6. (f) "connection pipe" means any water pipe from a ferrule to stopcock connecting the main of the local body or the Board, as the case may be, with the service pipe;
7. (g) "consumer" means any person getting the benefit of any water supply or sewerage service from the local body or Board, as the case may be;
8. (h) "domestic sewage" means waste water from residential premises, boarding and lodging houses, hostels, 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;
   • (i) "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, subge, 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;
9. (j) "ferrule" means a ferrule connecting the connection pipe with the main;
10. (k) "local area" means the area falling within the jurisdiction of a local body;
11. (l) "local body" means a Municipality or Notified Area constituted under the Orissa Municipal Act, 1950;
12. (m) "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;
13. (n) "Member" means a Member of the Board and includes the Chairman and the Vice-Chairman of the Board;
14. (o) "Member-Secretary" means the Member Secretary of the Board;
15. (p) "non-official member" means a member not being an ex-officio member;
16. (q) "occupier", in relation to any premises means the following, namely:-
    • (i) any person for the time being paying or liable to pay rent or any portion thereof to the owner in respect of those premises; or
    • (ii) an owner who is in occupation of those premises; or
    • (iii) a tenant of those premises who is exempt from payment of rent; or
    • (iv) a licensee who is in occupation of those premises; or
    • (v) any person who is liable to pay damages to the owner in respect of use and occupation of those premises;
17. (r) "Orissa Public Health Engineering Organisation" means the Organisation functioning under the Housing & Urban Development Department of Orissa; "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-
    • (i) an agent or trustee who receives such rent on account of the owner; or
    • (ii) an agent or trustee who receives the rent of, or is entrusted with the management of, any premises devoted to religious or charitable purposes; or
    • (iii) 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; or
    • (iv) a mortgagee-in-possession;
18. (t) "premises" means any land or building or any part of building;
19. (u) "prescribed" means prescribed by rules made under this Act;
    • (v) "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;
20. (w) "regulations" means regulations made under this Act;
    • (x) "rules" means rules made under this Act;
21. (y) "service pipe" means any pipe other than the connection pipe, beyond the stop-cock by means of which water is supplied to any premises;
22. (z) "sewage" means night-soil and other contents of water closets, latrines, privies, urinals, cess-pool or drain and polluted water from sinks, bath rooms, stables and other like places and includes trade effluents; (z1) "sewers" means an enclosed conduit for carrying sewage, offensive matter, polluted water, waste water, or sub-soil water; (z2) "sewerage" means a system of collection of waste water from a community from its houses, institutions, industry and public places, the pumping, treatment and disposal of such waste water, effluent, sludge, gas and other end products; (z3) "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; (z4) "trade effluent" means any liquid either with or without particles of matter 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; (z5) "water connection" includes-
    • (i) a tank, cistern, hydrant, stand-pipe, 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; and
    • (ii) the water pipe connecting such a tank, cistern, hydrant, stand-pipe, meter or tap with such main or pipe; (z6) "water supply" means a system of providing water to a community for meeting its requirement for drinking and other domestic uses, industrial use, recreation and various public uses; (z7) "water works" includes water channel (including stream, lake, spring, river, canal, well, other underground water, source, pump, galleries, reservoir, cistern, drainage tank), structure whether covered or open, treatment units, dam, supply culvert, engine, water truck, hydrants, stand-pipe, conduit and machinery, and building or other thing for supplying or used for supplying water or for protecting sources of water supply or for treatment of water.

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.

1. (1) From such date as may be specified from time to rime, by the State Government (hereinafter in this section referred to as "the appointed date")--
   • (a) The properlies and assets (including water works, buildings, laboratories stores, vehicles, furnitures and other furnishing), which immediately before the appointed date, were vested In the State Govermenl for the purpose of the Orissa Pubtic Health Engineering Service shall vest in and stand transferred to the Board ; and
   • (b) the rightr, liabilities and obligations of thc State Government, whether arising out of any contract or otherwise pertaining to the said Service shall be the rights, liabilities and obligations of the Bowd from the appointed date.
2. (2) Such properties, assets, rights l~abilities and obligations shall be valued in such manner as the State Govcrnmcnt may determine.
3. (3) All suits and other legal proceedings with respect to the mailers referred to above institurd or to be inditued or defended by or againa thestate Govern- ment before the appointed date may lx wntinued, or instituted or defended by or against the Board.

Where any doubt or dispute arises as to whether any property or asset has vested in the Board under section 19 or any rights. liabilities or obligation have become the rights liabilities and obl~gat~ons of the Board under this section such doubt or dispute shall be referred to the State Government, whose decisicln shall be final.

1. (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 water-supply and sewerage services for maintenance or augmentation or improvement from any local body and in such cases :-
   • (a) all the existing water supply and sewerage services, sewerage works and sewage farm, including, all plants, machineries, water works, pumping stations, water beds, water mains and public sewers in along over or under any public street and all buildings, lands and other work, materials, store 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 arrears of water tax and sewerage tax, by whatever name called, and of 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 persons 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 Board stand trasnferred to and vested in the Board and be subject to its control.
2. (2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine.
3. (3) Where any doubt or dispute arises as to whether any property or assets has vested in the Board under sub-section
4. (1) or any rights, liabilities or obligations have become the rights, liabilities or obligations of the Board under this section, such doubt and dispute shall be referred to the State Government, whose decision shall be final and binding on the Board and the local body concerned.
5. (4) For taking over any properties or assets of the local body, the Board shall pay to that body such amount as may be mutually agreed upon and 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
6. (2) and after taking into consideration the statutory duty 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.

Board to assume obligations in respect of matters to which this Act applies for water works taken over from Local Bodies 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 subsection

1. (1) of section 21, have been instituted for or defended by or against the local body, may be continued or instituted or defended by or against the Board.

1. (1) 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 areas should coordinate their activities in relation to water supply services or sewerage services or both it may issue such directions to the Board and local bodies concerned as it may think fit.
2. (2) It shall be the duty of the Board and other local bodies to comply with such directions.

1. (1) Where on account of conferment of any powers, duties and functions of the Board by or under this Act, in the opinion of the State Government, the services of any officers and servants of the Government are required by the Board for efficient exercise of its powers, performance of its duties or discharges of its functions, the State Government, the Head of the Department, or the State Government may, from time to time having regard to the necessity therefor, by order depute to the Board such officers and servants to the Board, and the Board shall take them over and employ them on deputation, subject to the provisions of this section.

Execution of contracts, etc.—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.

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

1. (1) The Board shall also have 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 money received by or on behalf of the Board by way of loans from the financial institutions like HUDCO, L.I.C., National and international funding agencies including World Bank.
2. (2) Without prejudice to the provisions of section 26 or sub-section
3. (1) of this section the Board may, with the previous approval of the State Government, constitute such other funds as may be necessary for the efficient performance of duties and to discharge 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 carry on its operations under this Act at a loss.

The State Government may, under 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 mutually agree.

Under appropriation duly made in this behalf, the State Government may make an initial contribution to the Board Fund.

1. (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 money required for the purposes of this Act by making arrangements with the Banks or other Bodies or Institutions of the State Government made for this purpose.
2. (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 loans and payment of interest on all or any of the loans given or transferred to the Board for the purposes of this Act.

1. (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 up to 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 on subventions during the said period.
2. (2) The Board shall cause to be maintained such proper books of account and other books in relation to its accounts and prepare the balance sheet in such form and manner as to regulations may require.
3. (3) 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. 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. (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. (5) The State Government shall cause the accounts of the Board to be published in such manner as it thinks fit.

1. (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 in consultation with the State Government.
2. (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. (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 at 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. (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 water during that period.

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

The Board may by byelaws 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.

Recovery of sums due to the Board Any sum due to the Board on account of cost of water, cost of disposal of waste water, metre 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 shall mean supply for any purposes, except the following, namely :-

1. (a) for any trade, manufacture or business;
2. (b) for gardens exclusively or for purposes of irrigation;
3. (c) for construction of buildings including construction of streets;
4. (d) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purpose;
5. (e) for animals, where they are kept for sale or hire or for the sale of their produce;
6. (f) for the consumption and use at a restaurant or by inmates of a hotel, boarding house or residential club;
7. (g) for consumption and use by persons resorting to theatres and cinemas;
8. (h) for watering streets; or
   • (i) for washing vehicles where they are kept for sale or hire.

No person shall, except in such circumstances or subject to such 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 purpose.

1. (1) No person other than a plumber licensed by the Board, shall execute any work in respect of a water connection not being work of trivial nature and no person shall permit any such work to be executed by a person other than a licensed plumber.
2. (2) When any work is executed in contravention of the provisions of sub-section
3. (1) such work shall be liable to be dismantled, at the discretions of the Board.

1. (1) No owner or occupier of any premises to which water is supplied by the Board shall intentionally cause or suffer any water 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 cause wastage of water.
2. (2) Whenever, the Board has reason to believe that as a result of defects in a service pipe or tap or other fittings or work connected therewith water is being wasted, the Board may by written notice require the consumer to repair and make good the defect within such time as may be specified.
3. (3) If such repair is not carried out with the period specified, the Board may, without prejudice to any action against the consumer under any other provision of this Act, cause such repair to be made.

Power to cut off water-supply

1. (1) The Board may cut off the water supply under its control from any premises:-
   • (a) if any fee, rent, cost of water or any charge or other sum due under this Act, is not paid within a period of fifteen days from the receipt of the bill for the same and after furnishing one month notice from expiry of the said period ; or
   • (b) if after the receipt of a written notice from the Board requiring him to refrain from so doing, the consumer continues to use the water or to permit the same to be used in contravention of the provisions of this Act or any rules or regulations or bye-laws; or
   • (c) if the consumer damages or causes to be damaged the water meter or any connection pipe or ferrule; or
   • (d) if the consumer refuses to admit any officer or servant of the Board duly authorised in this behalf into the premises which he proposes to enter during the day time for the purposes of executing any work or placing or removing any apparatus or of making any examination or inquiry in connection with the water supply or prevents any such officer or servant from executing any work or placing or removing any apparatus or making such examination or enquiry; or
   • (e) if the service pipe or any tap or other fitting or work connected 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 cause wastage or contamination of water and immediate prevention thereof is necessary; or
   • (f) if the consumer causes or allows to be caused the service pipe or any tap or other fitting or work connected therewith to be placed, removed, repair or otherwise interfered with, in contravention of the provisions of this Act or of the rules or regulations or the bye-laws; or
   • (g) if by reasons of leakage in the service pipe or any tap or other fitting or work damage is caused to a public street and immediate prevention thereof is necessary.
2. (2) No action taken under or in pursuance of this section shall relieve a person from any penalty or liability which he may otherwise have incurred under this Act.
3. (3) The Board may reconnect the supply of water disconnected under sub-section
4. (1) on payment of such charges.

1. (1) No person shall-
   • (a) wilfully obstruct any person acting under the authority of the Board in setting out the lines of any work or pull up or remove any pillar, post or stay fixed in the ground for the purpose of setting out the lines of such works, or deface or destroy any works made for the said purpose;
   • (b) wilfully or negligently break injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Board; or
   • (c) unlawfully obstruct the flow of or flush, draw off or divert, or take water from any water works belonging to the Board or any water course by which any such water is supplied ; or
   • (d) obstruct any officer or servant of the Board in the performance and discharge of his duties and functions under this Chapter or refuse or wilfully neglect to furnish him with means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water works ; or
   • (e) bathe in, at or upon any water works, or wash or throw or cause to enter therein any animal or throw any rubbish, dirt, or filth into any water works, or wash or clean therein any cloth, wool or leather, or the skin of any animal, or cause water of any sink or drain or any steam engine or boiler or any other polluted water to turn or be brought into any water works, or do any other act whereby the water in any water works belonging to the Board is fouled or likely to be fouled.
2. (2) Nothing in clause
   • (b) of sub-section
3. (1) shall apply to a consumer closing the stop-cock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply be affected thereby.

The owner or occupier of any premises shall be entitled to empty sewage of the premises into a sewer of the Board, provided that, before doing so, he :-

1. (a) obtains written permission of the Board and pays connection fee and other charges in accordance with the byelaws ; and
2. (b) complies with such other conditions as may be provided in the bye-laws.

Where any premises are in the opinion of Board, without sufficient means of effectual disposal of sewage and the sewer of the Board is situated at a distance of fifty metres from any part of the premises, the Board may, by written notice require the owner of the said premises to have sewer connection as provided in by-laws.

No person shall, without the permission of the Board make, or cause to be made any connection or communication with any sewer of the Board.

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

The Board may, for the purpose of ventilating any sewer or cess-pool, whether vested in the Board or not, erect upon any premises or fix to the outside of any building or to any tree any shaft or pipes as may appear to it to be necessary.

1. (1) Where it appears to the Board that there are reasonable grounds for believing that a private sewer or cess-pool is in such condition as to be prejudicial to public health or to be a nuisance or that a private sewer communicating directly or indirectly with a sewer of the Board is so defective as to admit subsoil water or grit or other materials the Board may examine its condition and for that purpose may apply any test, not being a test by water under pressure and if it deems it necessary, open the ground.
2. (2) If on examination the sewer or cess-pool is found to be in proper condition the Board shall, as soon as possible, reinstate any ground which has been opened by it pay compensation for the damage caused by it.

NO person shall-

1. (a) willfully obstruct any pcrson acting under the authority of the Board under this Chapter in setting out of the line of any works or pull up or remove any pillar, post or stay fixed in the ground for the purposes of setting out lines of such work or defence or destroy any works made for the said purposes;
2. (b) wilfully or negligently break injure, turn on, open, close, shut off or otherwise interfere with any lock, valve, pipe or other works or apparatus belonging to the Board and pertaining to its duties and functions under this Chapter; or
3. (c) unlawfully obstruct the flow of, or flush, draw off or divert or take sewage from any works belonging to the Board; or
4. (d) obstruct any officer or servant of the Board in discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination thereunder in relation to any sewage work.

1. (1) Any officer or servant of the Board authorised by it in that behalf, may, with or without assistants or workmen, enter into any premises in order-
   • (a) to make any inspection, survey, measurement valuation or inquiry ;
   • (b) to take levels ;
   • (c) to dig or bore into the sub-soil;
   • (d) to set out the boundaries and the intended lines of work;
   • (e) to mark such levels, boundaries and lines by placing marks and cutting trenches ; or
   • (f) to do any other things necessary for the purposes of this Act or any rules or regulations or bye-laws : Provided that in exercising the powers under this sub-section due regard shall be paid by such Officers or servants of the Board concerned to the social and religious customs of the occupants of the premises.
2. (2) When any person is entitled to enter into or upon any premises in exercise of the powers under sub-section (1), he may also enter in similar manner into or upon any adjoining premises for any work authorised by or under this Act or for obtaining access to such work for any other purpose connected with the execution of the same.
3. (3) It shall be lawful for any authorised Officer or servant to make an entry into any place to open or cause to be opened any door, gate or other barrier :-
   • (a) if he considers the opening thereof necessary for the purpose of such entry ; and
   • (b) if the owner or occupier is absent or being present refuse to open such door, gate or barrier.

Any Officer or servant authorised by the Board in that behalf may, have any tank, pool or well, 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 the provisions of this Act or of the rule or bye-law or fails to comply with any order issued under this Act or the 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 one hundred rupees for every day on which such contravention or failure continues after the first conviction.

Cognizance of offence

Offences by companies

1. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, 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 provided in this Act 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. (2) Notwithstanding anything contained in sub-section (1), where an 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 purpose of this section —
   • (a) "company" means a 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.

1. (1) Any officer or servant of the Board, or any police officer, may arrest any person who commits any offence against this Act or any rule or regulation or bye-law made thereunder, if the name and address of such person be unknown to such officer or servant and he, on demand, declines to give his name and address or gives a name and address which such officer or servant has reason to believe to be false.
2. (2) Such person shall be detained by such officer or servant and shall, without unnecessary delay, be taken before the nearest Magistrate.
3. (3) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of a Magistrate, for a longer period than twenty-four hours from the time of his arrest exclusive of the time necessary for the journey from the place of arrest to the Magistrate.

1. (1) The Board or any officer authorised by the Board in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act: Provided that, the offence shall not be compounded for a sum exceeding two thousand rupees.
2. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

Directions to the Board on questions of policy

1. (1) The State Government may, from time to time, issue to the Board such general or special directions as it may deem necessary or expedient for the purpose of carrying out the objects of this Act and the Board shall be bound to follow and act upon such directions.
2. (2) If any question arises as to whether any question is or is not a question of policy, the decision of the State Government thereon shall be final.

Annual report statistics, returens and other informadcn by the Board

1. (1) The Board shall, as soon as may be after the end of each financial year, prepare and submnt to the State Government in such form as may be prescribed, a report giving an account of its activities during the previous 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.
2. (2) The Board shall also furnish to the State aovernment at such times and in such forms and manncr as the State Government may direct such stalistiw and returns and such particulars in regard tc any pioposed o~ existing activities of the Board or any othn matter under LIE cont~ol of the Board as the State Government may, from time to time require.

1. (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. (2) Without prejudice to the provisions of subsection
3. (1) every local body shall on demand make available to the Board on payment of reasonable fee certified copies or extracts from assessment lists and other relevant documents in connection with assessment of annual value of premises and levy of taxes, fees and charges.
4. (3) Without prejudice to other provisions of this Act and notwithstanding anything contained in any other law for the time being in force, under which any local body is constituted, the State Government may give to any local body such directions as in its opinion may be necessary or expedient for enabling the Board to perform its duties and discharge its functions under this Act, and thereupon it shall be the duty of the local body to comply with such directions.

In any case not otherwise expressly provided for in this Act, the Board may pay reasonable amount as compensation to any person who sustains damage by reason of the exercise of any power vested by or under this Act in the Board.

Protection for Acts done in good faith. — No suit, prosecution or other legal proceedings shall lie against the State Government, the Board or the Members or any Officer or servant of the State Government or of the Board for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rules, regulations or bye-laws.

Rules, Regulations and 'Bye-hws

Rules. —

1. (1) The State Government may by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be after it is made before the State Legislature, while it is in session for a total period of fourteen days, which may be comprised in one or more sessions, and if, during the said period the State Legislature makes any modification in the rule or decide that the rule should not be made, the rule shall, 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 or omitted to be done under that rule.

1. (1) The Board may, with the orevious approval of the State Govcrnmcnt, make regulaaon, consistent with this Act and the rule#, for the administration of Its affairs.
2. (2) In partjcular and without prejudice to [he generality dtht foregoiogpowtr, such regulations may be made for all or any of the fdowing matters namely:--
   • (a) the summoning and holding of meetings of the Board and of the ammi- ttees appointea by it, thc time and place wlle~c such meetings are to be held, the conduct of business at such meetings and the numbtr of Dersons necessary to form a quorum thereto;
   • (b) the recruitment and the salarih and allowances end other mndition;l of serricl of employees of the Board;
   • (c) the powers and duties of the employccs of Board;
   • (d) the managcrncnt of the property of the Board ;
   • (e) the executioll or contracts and assurances of property on bcllalf of the Board and autlieotict~ion of orders and instruments of the Bonrd ;
   • (f) thc limits upta which the Mcmber-Sccrciary shall be cornpctcni lo incur recurring or non-recurring cxpenditurc in any financial: yar ;
   • (g) thc mainlcnance of accounnls and thc preparation of balanw sheet by t hc Board;
   • (h) thc proccdurc for carrying out thc duties and funclions of thc Board under this Act ;
     • (i) any other mattcr fur which provision is to be or may be made by re ylntions.
3. (3) Until rcg~lations are made by the Board under sh b-section
4. (1) the State Govcrnmcnt m;dy make rcy lations and any regula(ions so made may with the previous approval of the State Government, be altered or rescinded by the Bonrd in exercise of its power under sub-section (1).

1. (1) Thc. Board may, wit11 the prcvious approval of - tl~c State Govcrnmcnt, make byc-laws consistent with this Act and thc rules, fur carrying out the pu poses of this Act.
2. (2) Jn,par(iculat and wilhout prejudice to thc generality of thc foregoing power, such bye-laws may provide For all or any of the iollowing maLlers, namely f-
   • (a) the terms and conditions for supply of water for domestic or other parposes ;
   • (b) ~hc installation of meters or the transfer of tllcir connection and their use, mai ntcnance, tcsting, disconn~~tion and rcconncction, - the fees, rcnt and other charges in r.spcci thereof, including the furnishrng of securrty by thc consumer and matters conuecled therewith;
   • (c) the fees, rent and ither charges to bc paid for connection ~ith Lhe sewer of thc Board and other terms and conditions br such connections;
   • (d) any other fees and chargcs to bc paid to the Soird for scrvice to thc consumers; and
   • (e) any otlicc math fur which-provision is to bc or may bc made by byc-laws.