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The Chennai Metropolitan Water Supply and Sewerage Act, 1978

The Chennai Metropolitan Water Supply and Sewerage Act, 1978

Infrastructure197897 sections8 chapters

The Chennai Metropolitan Water Supply and Sewerage Act, 1978, establishes the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) to manage water supply and sewerage services within the Chennai Metropolitan Area. The Act centralizes the responsibility for these essential services, transferring authority from various local municipal bodies to a single, specialized Board. It empowers the Board to plan, operate, and maintain water and sewage infrastructure, levy taxes, and regulate underground water extraction. For the ordinary citizen, this Act defines the legal framework for obtaining water connections, paying utility charges, and ensuring compliance with sanitation standards, while providing a mechanism for resolving disputes through a dedicated Tribunal.

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Chapter 1 PRELIMINARY →

  1. 1Short title and commencement
  2. 2It shall come into force

Chapter II ESTABLISHMENT OF THE BOARD AND ITS POWERS AND FUNCTIONS →

  1. 3Establishment of the Board
  2. 4Constitution of the Board
  3. 4AAppointment of Chairman of the Board in Special circumstances
  4. 5Functions of the Board
  5. 6Powers of the Board
  6. 7Power of Board to call for information
  7. 8Board to be exempted from sales tax and treated like Government for certain other taxes
  8. 9Compulsory acquisition of land, etc

Chapter III DIRECTORS, COMMITTEES AND EMPLOYEES OF THE BOARD →

  1. 10Managing Director
  2. 10AWith the approval of the Board, the Managing Director may delegate to any officer of the Board any of his functions and powers except those delegated to him under section 22.
  3. 11Finance and Engineering Directors
  4. 11ATerm of office and conditions of service of the Chairman
  5. 12Terms and conditions of service of whole time directors
  6. 12ATechnical Director
  7. 13Non-official directors
  8. 14Non-official directors shall be paid such fees and allowances as may be prescribed for attending the meetings of the Board or of any of its committees and for attending to any other work of the Board.
  9. 15Provided that such person shall disclose to the Government, the nature and extent of the shares held by him.
  10. 16Resignation and temporary absence of directors
  11. 17Committees
  12. 18The Board may constitute, as many other committees consisting wholly of Directors or wholly of other persons or partly of Directors and partly of other persons for such purposes as it may deem fit.
  13. 19Appointment of officers and other employees
  14. 20Appointment of employees of local authorities
  15. 21Common service cadre
  16. 22Delegation of powers
  17. 23Indemnity of certain, Directors and bar to proceedings
  18. 24Defects not to invalidate acts

Chapter IV ESTABLISHMENT, TRANSFER AND VESTING OF WATER SUPPLY AND SEWERAGE SERVICES →

  1. 25Local authority to furnish information to Board prior to notified date
  2. 26Vesting of water-supply and sewerage services in the Board
  3. 27Provision for continuance of works in progress
  4. 28Duty to transfer assets, etc., to Board
  5. 29It shall be lawful for the Board to take all necessary steps for securing possession of all properties and assets which has been transferred to and vested in it under this Act.
  6. 30The value determined under this section shall entered in the books of the Board as the value on the date of transfer.

Chapter V FINANCE, ACCOUNTS AND AUDIT →

  1. 31Board’s fund
  2. 32Such funds shall be invested in such manner as may be determined by the Board with the approval of the Government.
  3. 33Form, signature, exchange, transfer and effect of debentures
  4. 34All coupons attached to debentures issued by the Board shall bear the signature of the Managing Director; and such signature may be engraved, lithographed or impressed by any mechanical process.
  5. 35Assessment of Annual value
  6. 36Restriction on the Levy of taxes
  7. 37Budgets
  8. 38The Board may at any time during the year for which any budget has been sanctioned cause a revised budget to be prepared and laid before it.
  9. 39The Board shall cause the books and accounts of Board to be balanced and closed in year each as on the thirty first day of March.
  10. 40Previous sanction of Government for certain schemes, plans and works
  11. 41Power to write off irrecoverable amount

Chapter VI WATER SUPPLY AND SEWERAGE →

  1. 42Water supply system
  2. 43The Board shall furnish to the Government at such time as the Government may determine reports on the quality of the water supplied by it or available in the Chennai Metropolitan Area.
  3. 44Payments for water supplied under the Act and non-liability of the Board
  4. 45Water connections for domestic consumption and use
  5. 46Control over house and other connections
  6. 47Calculation of charges for water supply
  7. 48Prevention of wastage of water
  8. 49The cost of such repairs shall be recovered from the owner of the premises as if it were an arrear of tax, rate or charge provided under this Act.
  9. 50Control over wells, etc
  10. 51Provided that references in those sections to the Commissioner shall be construed as references to the authorised authority.
  11. 52The licence shall be in such form as may be prescribed.
  12. 53Prohibition of building over water mains
  13. 54Nothing in this section shall apply to the Central Government.
  14. 55Sewerage system
  15. 56Sewer connections
  16. 57Power to provide sewers in combination
  17. 58Power to close or limit the use of existing private sewers
  18. 59Control over house-sewers, privies and cess-pools
  19. 60Closure, removal, etc., of works in certain case
  20. 61And all expenses incurred in so doing shall be paid by the owner or the occupier of the premises.
  21. 62Obligations of owner and occupier
  22. 63The owner and occupier of the premises shall be jointly and severally liable for payment of all the sums referred to in sections 44, 45, 46, 47, 48, 49, 56 and 57.
  23. 64Provided further that the Board shall pay compensation to any person who sustains damage by the exercise of such power.
  24. 65Vesting of materials in pipes, sewers, etc., and Board’s power to dispose off same
  25. 66Power to carry out works, remove encroachments, sell unclaimed materials, etc
  26. 67Power to enter upon land, etc., and to place and maintain mains, etc
  27. 68Works to be done by licensed plumber
  28. 69Prohibition of certain acts

Chapter VII TRIBUNAL, APPEALS AND REVISION →

  1. 70Constitution of Tribunal
  2. 71The Tribunal shall have the power to regulate its own procedure in respect of the making, hearing and conducting the appeals referred to in sub-section (1) of Section 71.
  3. 72When appeals can be heard and finality of rates, etc
  4. 73Revision

Chapter VIII MISCELLANEOUS →

  1. 74Board’s dues to be recovered as arrears of land revenue
  2. 75Duties of authorities, etc., to assist the Board
  3. 76Directors, etc. to be deemed public servants
  4. 77The words "State Government and "Government" in Section 161 of the Indian Penal Code (Central Act XLV of 1860) shall for the purposes of sub-section (1) be deemed to include the Board.
  5. 77AAdjudication of penalties
  6. 77BAppeal
  7. 78Offences by companies
  8. 78ARemoval of disqualification
  9. 78BPower of Government to issue orders and directions to the Board or Local Authorities
  10. 79Power to remove difficulties
  11. 80Provided that no such notification shall be issued after the expiry of one year from the date of establishment of the Board under Section 3.
  12. 81Power to make regulations
  13. 82Provided that in making regulations regarding any of the matters specified in clauses (f), (h), and (n) the previous sanction of the Government shall be obtained.
  14. 83Application of certain provisions of Tamil Nadu Act III of 1939
  15. 84Effect of other laws
  16. 85Amendments to other enactments and savings
  17. 86Service how to be effected
  18. 87Application of act on extension of Chennai Metropolitan Area
  19. 88Rules and notifications to be placed before the legislature

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