Chapter II ESTABLISHMENT OF THE BOARD AND ITS POWERS AND FUNCTIONS

Establishment of the Board

1. (1) With effect from such date as the Government may, by notification, appoint in this behalf, there shall be established a Board by the name Chennai Metropolitan Water Supply and Sewerage Board.
2. (2) The Board shall be a body corporate having perpetual succession and a common seal and shall by the said name, sue and be sued.

Constitution of the Board. The Board shall consist of the following directors, namely

1. (a) The Minister in-charge of the Department dealing with the subject “water supply” who shall be the Chairman of the Board, Ex-Officio.
2. (aa) The Secretary to Government in charge of the department dealing with the subject “Water Supply”, Ex-Officio.
3. (b) The Secretary to Government in charge of the Finance Department, ex-officio.
4. (c) The Member-Secretary of the Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), ex-officio.
5. (d) The Commissioner, Municipal Corporation of Chennai ex-officio.
6. (dd) the Managing Director, Tamil Nadu Water Supply and Drainage Board, Ex-Officio.
7. (e) Six non-official directors nominated by the Government, of whom.
   • (i) one shall be a woman.
   • (ii) one shall be a person to represent the interests of the general public.
   • (iii) one shall be a person who is experienced in Government or commercial accounts and is qualified as a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 (Central Act XXXVIII of 1949), or a Cost Accountant within the meaning of the Cost and Works Accountants Act, 1959 (Central Act 23 of 1959).
   • (iv) one shall be an experienced public health or water works engineer; and.
   • (v) two shall be persons to represent major industrial or Commercial organisations in the Chennai Metropolitan Area.
8. (f) Four whole time directors appointed by the Government, namely.
   • (i) a Managing Director.
   • (ii) a Executive Director.
   • (iii) a Finance Director; and
   • (iv) an Engineering Director.
9. (g) the Chairman of the Board, if any, appointed under Sub-section

1. (1) of Section 4-A
   • (h) a Technical Director nominated by the Government in consultation with the Board (Notwithstanding anything contained in the principal Act, the non-official Technical Director of the Chennai Metropolitan Water supply and Sewerage Board appointed by the State Government under sub-clause
     • (iv) of clause
   • (e) of section 4 and section 13 of the principal Act on the 1st day of March 1977 shall be deemed to have been nominated by the State Government as a Technical Director under the Principal Act, as amended by Sections 2 and 3 of this Act, and anything done or any action taken by such non-official Technical Director on or after the 1st day of March 1977 and before the date of publication of this Act in the Tamil Nadu Government Gazette, shall for all purposes, be deemed to be, and to have always been validly done or taken in accordance with law as if the principal Act as amended by this Act had been in force at all materials times and shall not be liable to be questioned in any court of law).

A Appointment of Chairman of the Board in Special circumstances.

1. (1) Notwithstanding anything contained in Section-4, the Government may, if they think fit so to do in the public interest, by notification, appoint a non-official or an officer of the State Government not below the rank of a Secretary to Government as the Chairman of the Board.

Functions of the Board.

1. (1) The Board shall perform all, or any of the following functions, namely.
   • (a) promoting or securing the planned development, efficient operation, maintenance and regulation of water supply and sewerage system in the Chennai Metropolitan Area.
   • (b) preparing long term plans to meet the future requirements of water supply and sewerage in the Chennai Metropolitan Area, based on estimates of demand, surveys on availabilities and usage of water and other relevant matters and periodically reviewing, revising and bringing up-to-date such plans.
   • (c) undertaking developmental activities with a view to meet the future requirements of water supply and sewerage in the Chennai Metropolitan Area.
   • (d) Operating and maintaining the water supply and sewerage services in the Chennai Metropolitan Area to the best advantage of the inhabitants of that Area;
   • (e) such functions relating to water supply or sewerage as the Government may, by notification, entrust to the Board provided that such entrustment shall be with the Board‘s concurrence, if it does not relate to anything to be done in respect of the Chennai Metropolitan Area.
   • (f) any other matter which is supplemental, incidental or consequential to any of the above functions; and
   • (g) such other functions as may be entrusted to the Board by or under any other law for the time being in force.
2. (2) In the discharge of its functions the Board shall.
   • (a) have due regard to public health, safety and convenience of the public.
   • (b) consult and collaborate with the Chennai Metropolitan Development Authority in regard to planning and undertaking development activities connected with the water supply and sewerage systems for the Chennai Metropolitan Area and extend full assistance to and co-operate with the local authority in relation to matters connected with water supply systems or water works or sewerage works or road works or similar works.
   • (c) be guided by such instructions on questions of policy involving public interest as may be given to it by the Government and in case of any difference of opinion as to whether a question is or is not a question of policy involving public interest, the decision of the Government thereon shall be final.
3. (3) Subject to the provisions of this Act, the Board shall exercise all powers, perform all functions and carry out duties in respect of water supply and sewerage systems in the Chennai Metropolitan Area to the exclusion of any department of the Government or any other existing authority.
4. (4) The Board shall endeavour to be financially self-supporting, and shall for this purpose so conduct its affairs that its income is adequate to meet all its outgoings, provisions for or allocations towards future obligations and costs.
5. (5) The Board shall furnish from time to time to the Government such returns and information as the Government may require.

Powers of the Board

1. (1) The Board shall, subject to the provisions of this Act, have the power to do anything which may be necessary or expedient for the purpose of carrying out its functions and duties under this Act
2. (2) Without prejudice to the generality of the foregoing provision, the Board shall have power
   • (i) to take over all existing responsibilities, powers, controls, facilities, services and administration relating to water supply and sewerage in or for the Chennai Metropolitan Area
   • (ii) to enlarge, improve or develop existing facilities and to construct and operate new facilities for water supply and sewerage in or for the Chennai Metropolitan Area.
   • (iii) to prepare schemes for water-supply and sewerage (including abstraction of water from any natural source and the disposal of waste and polluted water) in or for the Chennai Metropolitan Area.
   • (iv) to regulate the construction, maintenance and repairs of wells, tanks and ponds and the drilling of tube wells, whether public or private, in the Chennai Metropolitan Area.
   • (v) to control extraction, conservation and use of underground water in the Chennai Metropolitan Area.
   • (vi) to prevent pollution of any water including any water sources, water course or channel utilised for the purpose of the Chennai Metropolitan Area.
   • (vii) to prescribe the manner of treatment of trade effluents before discharge thereof and to regulate the discharge thereof into any sewer canal, river or other water channel utilised for the purpose of the Chennai Metropolitan Area.
   • (viii) to conduct research, experiment and survey and to do all things necessary for that purpose.
   • (ix) to enter into contracts, agreements or arrangements with any person, firm or organisation.
   • (x) to acquire, hold and dispose of property, movable or immovable.
   • (xi) to prepare and adopt its annual accounts and budgets.
   • (xii) to determine, levy and collect taxes, rates, fees, charges, surcharges, rents and costs and expenses authorised under this Act. (xii-a) to collect infrastructure development charges from the applicant, builder or developer of such multi-storeyed building or special building as may be prescribed, for the provision of adequate water supply or sewerage.
   • (xiii) to borrow money, issue debentures and manage its funds, including the power to mortgage, hypothecate, or pledge any of its assets.
   • (xiv) to incur expenditure and to grant loans and advances as it may deem necessary and to recover the principal and interest thereon on such terms and conditions as it may specify; and
   • (xv) to do all things necessary for the purpose of carrying out the provisions of this Act.

Power of Board to call for information – The Board may, for the purposes of carrying out the provisions of this Act, by notice require any person to furnish such information in his possession relating to water supply and sewerage systems, and shall act as a centre for the collection and exchange of information on such matters, in order to facilitate the preparation of studies, scheme or plans and the development of policies which promote the purposes of this Act.

Board to be exempted from sales tax and treated like Government for certain other taxes

1. (1) . The Board shall be exempted from tax under any law relating to sales tax for the time being in force, in respect of water supply and sewerage services rendered by it.
2. (2) . Where under any law relating to municipal corporation, municipality, township, panchayat or planning or development authority, the Board and its properties and assets are subject to the levy of any tax, rate, charge, cess fee, betterment levy or development charge, the rate or amount of such levy shall be the same as that applicable to the properties belonging to the Government or any local authority.

Compulsory acquisition of land, etc. – Any land or any interest therein required by the Board for the purposes of this Act shall be deemed to be needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (Central Act I of 1894).