Chapter VI Chapter VI

Investigation, Preparation and Execution of Schemes by the Board

1. (1) The Board may investigate the nature and type of a scheme that can be implemented for providing Water Supply and sewerage facilities in an area, considering the economical and other local conditions of such area in all their aspects, undertake survey of such area and decide upon the feasibility of preparing a scheme.
2. (2) As soon as the investigation undertaken by the Board is complete with respect to any area and the Board considers it feasible to prepare a scheme, it shall prepare a preliminary scheme stating therein an estimate of the expenditure that is likely to be incurred in regard to the scheme and also the other salient features thereof;
3. (3) The Board shall also prepare a detailed phased programme in the manner prescribed for the execution of the scheme and work out priorities with the approval of the Government;
4. (4) After the priorities have been worked out and approved by the Government, the Board shall prepare a draft scheme consistent therewith,
5. (5) The Board shall, in a meeting convened for the purpose, examine the draft scheme in all its aspects. In the case of a Municipal Committee, the President and Executive Officer or the Secretary, and in the case of any other local authority, a representative of such authority, concerned in the scheme, shall be invited to attend such meeting. Each such person may participate in the discussion, express his opinion about any aspect of the scheme, but shall not be entitled to vote.
6. (6) If the Board on a detailed examination is satisfied about the feasibility of the draft scheme, it shall forward the same to the Government for approval.

As soon as may be, after the submission of the draft scheme under sub-section

1. (6) of section 20, the Government shall within such time as may be prescribed, either approve the draft scheme or approve it with such modification as it may consider necessary or return the same to the Board with directions to modify it or to prepare a fresh draft scheme in accordance with such directions and the Board shall accordingly modify or prepare a fresh draft scheme, as the case may be, and resubmit it to the Government for approval.

1. (1) The Government shall, by notification in the official Gazette, publish its approval to the draft scheme.
2. (2) A notification published under sub-section
3. (1) shall be conclusive evidence that the scheme has been duly made and approved. The scheme shall thereupon become final and shall be hereinafter called the “approved scheme”,

It shall be the duty of the Board to execute the approved scheme in the areas of the local authority or local authorities concerned.

1. (1) The cost of investigation, preparation and execution of any scheme undertaken by the Board shall be initially incurred by the Board out of its funds but it shall be recoverable from the concerned local authority or local authorities in such manner and in such instalments as may be prescribed.
2. (2) In the event of default of payment of the instalments by the local authority or local authorities concerned, it shall be the liability of the Government to pay the amount to the Board and recover the same from the local authority or local authorities concerned in such manner and in such instalments as may be prescribed.
3. (3) Where a joint scheme for two or more local authorities is investigated, prepared or executed, the costs thereof shall be borne by the local authorities concerned in such proportions and paid in such manner and in such instalments as may be prescribed.
4. (4) Notwithstanding anything contained in sub-section I),-
   • (i) where a resolution for depositing such cost in advance is passed by a local authority, or
   • (ii) where the Government, after giving to a local authority an opportunity of showing cause, directs that local authority to deposit such cost in advance the local authority which passes the resolution or to which a direction is issued, as the case may be, shall deposit such cost of the scheme with the Board in advance in such manner as may be prescribed: Provided that no such direction shall be issued unless it is in public interest to do so and if the scheme is not finally executed by the Board within the period agreed upon between the local authority and the Board before depositing the cost, the Board shall, except where the inability to finally execute is by reason of force majeure, pay to the local authority, from the date of deposit of cost of the scheme with the Board, interest at the Bank rate plus two per cent, per annum on the unspent balance of the local authority.)

Local Authority to provide adequate facilities to Board

Transfer of finally executed scheme to local authority

1. (1) When an approved scheme has been finally executed by the Board, all works completed thereunder and the property appurtenant thereto shall be transferred to the local authority concerned in the manner and subject to such conditions, as may be prescribed and it shall thereafter be the responsibility of such local authority to maintain them.
2. (2) The local authority shall levy such rates for Water Supply and sewerage as may be suggested to it by the Board.
3. (3) If a dispute arises as to the property which is to pass to a local authority alongwith the works executed under a scheme, it shall be referred to Government for decision which shall be final.

A

1. (1) Notwithstanding anything contained in sub-section
2. (1) of section 26, where the Government is of opinion that it is in public interest to do so, it may, after giving an opportunity to the Board direct that the water supply and sewerage services of any local authority shall vest in the Board for the purposes of management including administration, maintenance and operation from such date (hereinafter referred to as the appointed day) and for such period, not exceeding three years (hereinafter referred to as the period of management) as may be specified in the direction and where any Water Supply and sewerage services are executed during the period of management such services shall vest in the Board for the aforesaid purposes for the remaining period of management.
3. (2) The Water Supply and sewerage services shall be deemed to include-
   • (a) all the water and sewerage services, sewerage works and sewage farms including, as the case may be, all plants ,machineries, water works, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street, and all building lands and other works, materials, stores and things appertaining thereto, belonging to or vested in that local Authority;
   • (b) so much of the sub-soil appertaining to the said water, mains and sewers as may be necessary for the purpose of enlarging, depending 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 sewerage works and sewerage farms.
4. (3) On and from the appointed day, the right to assess and collect any tax, fee, cost of charges levied by the concerned local authority in relation to the Water Supply and sewerage services, including the right to recover arrears of such tax, fee, cost or charges shall stand transferred to and vest in the Board and shall remain so vested during the period of management.
5. (4) Where any doubt or dispute arises as to whether any property or asset has vested in the Board under sub-section
   • (I) or any right has become the right of the Board under sub-section (3), such doubt or dispute shall be referred to the Government for decision which shall be final and binding on the Board and the local authority concerned

BDuring the period of management, any reference to any local authority in any enactment, for the time being in force, or in any rules, bye-laws or regulations made thereunder, shall in relation to Water Supply and sewerage services be construed as a reference to the Board and any reference in such enactment, rules, bye-laws or regulations to any office holder of the local authority shall be construed as a reference to the corresponding office holder of the Board and in case there is no such corresponding office holder then to such other office holder as the Board may notify.

C

1. (1) All the officers and employees of the local authority engaged in connection with the Water Supply or sewerage services immediately before the appointed day shall, on and with effect from the appointed day, stand transferred to the Board for serving under it during the period of management and if during that period the Board needs additional officers or employees in connection with such services then on receipt of a requisition in that behalf from the Board the local authority shall arrange for the recruitment of such officers or employees for serving under the Board; Provided that, subject to the provisions of sub-section (4), the conditions of service applicable immediately before the appointed day to any such officer or employee shall not be varied to his disadvantage during the period of management.
2. (2) For the purposes of salaries and allowances admissible to the officers and employees referred to in sub-section
3. (1) and allowing them the benefit of gratuity, contributory provident fund and other facilities during the period of management they shall be treated in the same manner as if they were the officers and employees of the local authority concerned.
4. (3) For the removal of doubts it is hereby declared that the burden of payment of salaries, allowances and other benefits to the officers and employees referred to in sub-section
5. (1) shall initially be borne by the Board but the same shall be debitable to the account of the local authority concerned.
6. (4) Other conditions of service of the officers and employees referred to in sub-section
   • (I) shall be such as may be prescribed.

D

1. (1) During the period of management the Board shall be deemed to be an agent of the local authority concerned in so far as the management including administration, maintenance and operation of the water and sewerage services is concerned and on the expiry of the period of management the Board shall give an account to the local authority of the receipt and expenditure in connection with the aforesaid services and any amount found too be due to the Board from the local authority or to the local authority from the Board on the basis of such accounts shall be deemed to be a charge on the funds of the local authority or the Board, as the case may be,
2. (2) In case of dispute between the Board and the local authority in relation to the account maintained by the Board or in relation to any amount due to the Board or the local authority on any account in relation to the aforesaid services, such dispute shall be referred to the Government whose decision shall be final and binding on the Board and the local authority.