Chapter VIII MISCELLANEOUS

Board‘s dues to be recovered as arrears of land revenue - Any sum due to the Board on account of any tax, rate, charge, cost, expenses, fee, rent or on any other account under this Act or any regulation or other instrument made thereunder may, without prejudice to any other mode of recovery, be recovered from any person from whom such sum is due

1. (1) . as if it were an arrear of land revenue; or
2. (2) . on application to any Judicial Magistrate of the first class or Metropolitan Magistrate, by such magistrate as if it were a fine imposed by him.

Duties of authorities, etc., to assist the Board

1. (1) . All public and local authorities or institutions shall render such help and assistance and furnish such information to the Board as the Board may require for carrying out its purposes and shall make available to the Board for inspection and examination such records, maps, plans, assessment rolls and other documents as may be necessary for the discharge of its functions and on payment of such fees as may be fixed by the Government.
2. (2) . It shall be the duty of all police officers and employees of the Board to give immediate information to the authorised authority about the commission of, or the attempt to commit, any contravention of this Act or any regulation or other instrument made thereunder and to assist the authorised authority in the exercise of its lawful authority.

Directors, etc. to be deemed public servants

1. (1) . All directors, officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or any regulations or instrument made thereunder, to be public servants within the meaning of section 21 of the Indian penal Code (Central Act XLV of 1860).
2. (2) .

Offences and Penalties Offences and penalties.—

1. (1) Whoever contravenes provisions of sub-section
2. (5) of section 42, sub-section
3. (2) of section 46, sub-sections
4. (1) and
5. (2) of section 48, clause
   • (c) of sub-section
6. (1) of section 49, sub-section
7. (1) of section 50, sub-section
8. (2) of section 51, sub-sections
9. (1) and
10. (2) of section 52, sub-section
11. (1) of section 53, section 54, sub-sections (1),
12. (3) and
13. (4) of section 56, clause
    • (b) of sub-section
14. (1) of section 58, sub-section
15. (1) of section 59, sub-section
16. (1) of section 60, sub-sections
17. (1) and
18. (2) of section 61, sub-section
19. (1) of section 62 and section 69 of this Act or of any regulation or other instrument made thereunder shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend upto ten thousand rupees or with both and in the case of a continuing contravention, with additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
20. (2) Whoever contravenes provisions of section 7, sub-sections (2),
21. (4) and
22. (6) of section 45, sub-section
23. (1) of section 46, sub-section
24. (2) of section 47 and sub-section
25. (1) of section 68 of this Act or of any regulation or other instrument made thereunder shall be liable to a penalty of not exceeding five thousand rupees for the first offence and ten thousand rupees for second or any subsequent offence.

A. Adjudication of penalties. — The Executive Engineer having jurisdiction over the area shall adjudicate and impose the penalties under sub-section

1. (2) of section 77, in such manner as may be prescribed.

B. Appeal.—

1. (1) Any person aggrieved by an order passed under section 77-A may prefer an appeal to the Managing Director within thirty days from the date of receipt of the order.
2. (2) The Managing Director may admit the appeal after the expiry of the period of thirty days, if he is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.
3. (3) The Managing Director shall, after giving the parties to the appeal an opportunity of being heard, dispose the appeal within sixty days from the date of filing.

Offences by companies

1. (1) . Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person who at the time of 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, If he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) . Notwithstanding anything contained in sub-section (1), where any such offence 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 be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation - For the purposes of this section a. "Company" means any body corporate and includes a firm, society or other association of individuals; and b. "director" in relation to
   • (i) a firm, means a partner in the firm.
   • (ii) a society or other association of individuals, means the person who is entrusted under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be.

Removal of disqualification – No person shall be disqualified for being chosen as , or for being , a Member of Legislative Assembly or of the Legislative Council by reason only of the fact there is a Chairman or a Director of the Board.

Power of Government to issue orders and directions to the Board or Local Authorities. The Government may issue to the Board or to the Local Authority concern, such orders and directions as in their opinion, are necessary or expedient for carrying out the purposes of this Act and the Board such Local Authority, as the case may be, shall give effect all such orders and directions.

Power to remove difficulties - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification make such provision, not inconsistent with the provisions of this Act as may appear to them to be necessary or expedient for removing the difficulty:

Power to make rules Power to make rules - The Government may make rules to carry out the purposes of this Act.

Power to make regulations

1. (1) . The Board may make regulations not inconsistent with this Act for carrying out the purposes of this Act.
2. (2) . In particular and without prejudice to the generality of foregoing power, such regulations may provide for all or any of the following matters, namely a. the time and place of the meeting of the Board or of any committee and the procedure to be followed at such meetings including the quorum necessary for the transaction of business b. the functions and duties of the committees and whole-time directors and the delegation of powers to committees, directors, officers and other employees of the Board c. the method of recruitment, the qualifications, the pay, the duties and other terms and conditions of service of officers and employees and the constitution and management of provident fund and other superannuation funds d. the provision of an official seal of the board and the manner and effect of its use e. the manner and form in which contracts binding on the Board may be executed f. the relations of the Board with the local and public authorities. g. the date by which, the form and the manner in which the Board‘s budgets, balance sheet and income and expenditure account and other accounts shall be prepared and the information to be contained in such budgets and accounts h. the conditions subject to which the Board may borrow moneys, grant loans or advances, or invest its funds which are not for the time being required for the transaction of its business i. provision of such funds and reserve as may be required. j. the manner of and the basis on which taxes shall be levied, the manner of and determining consumption of water, the charges therefor, the rent or other amount of charge for meters, and the time, place and manner of payment of taxes, rates, charges and surcharges, fees, rents and other amounts jj. the manner of and the basis on which the infrastructure developments charges shall be collected; k. making, maintaining and regulating connections for the supply of water and fees for connection and re-connection l. the terms and amount payable for connection of house-sewers, for construction, maintenance and repairs and alteration of sewers or joint or common connections of sewers, and the basis of levying the charge for providing for sewerage service without water supply m. matters to be complied with in relation to the sanction of building plans or other plans or schemes containing provisions for water-supply or sewerage n. the conditions and requirements for extraction and use of underground water, regulation and control of wells, including tubewells, and the principles or criteria and the procedure, for grant of permit to sink a well or tube well o. the manner of treatment of trade effluents and to regulate the discharge hereof p. generally the efficient conduct of the affairs of the Board;

Applications of certain provisions of Tamil Nadu Act 4 of 1971 Applications of certain provisions of Tamil Nadu Act 4 of 1971 The provisions of sections 52, 53, 54 and subsection

1. (1) of section 57 and sections 59, 60, 62, 63, 64, 66 and 67 of the Tamil Nadu Water Supply and Drainage Board Act 1970 (Tamil Nadu Act 4 of 1971), shall as far as may be, apply to or in relation to the Board, its functions, affairs and activities, as they apply to or in relation to the Tamil Nadu Water Supply and Drainage Board, its functions, affairs and activities.

Application of certain provisions of Tamil Nadu Act III of 1939

1. (1) . The Board shall be deemed to be a local authority or urban local authority for purposes of sections 17 to 21, 24, 27 to 30 of the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939); Provided that any power that may be exercised by the Government, the Collector or any other officer under those sections in relation to anything to be done by or affecting the Board shall be exercised only by such officer as may be specifially designated in that behalf by the Government.
2. (2) . The Municipal Corporation of Chennai or any other existing authority being a municipal council or a township committee or a panchayat union council or a panchayat in the Chennai Metropolitan Area shall not with effect from the relevant notified date, be regarded as a local authority or an urban local authority for purposes of carrying out any function or obligation imposed or any power conferred under Chapter III and IV of the Tamil Nadu Public health Act, 1939 (Tamil Nadu Act III of 1939)
3. (3) . With effect from the notified date in relation to the Municipal Corporation of Chennai, the words "water and" where they occur for the first time in sub-section (2)(5) of Section 25A the Tamilnadu Public Health Act, 1939 (Tamil Nadu Act III of 1939) shall be omitted

Effect of other laws

1. (1) . Save as otherwise provided in this Act or in any notification issued by the Government under Section 85 no existing authority shall notwithstanding any law governing its constitution or establishment, have any function or power in respect of water supply and sewerage service in or for the a Chennai Metropolitan Area or any matter relating to which such function or power has been entrusted to the Board under this Act.
2. (2) . Without prejudice to the generality of the foregoing provision, any existing authority being the Chennai Municipal Corporation or a municipal council, township committee, panchayat union council or panchayat constituted or established under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), or the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) shall cease to have jurisdiction in respect of water supply or sewerage services in or for the Chennai Metropolitan Area with effect from the notified date and shall not a. have any right, title or claim to any water works or sewerage works, intended or maintained exclusively for the purpose of the Chennai Metropolitan Area b. have any power, function or responsibility for providing water- supply or sewerage service for that area or undertake or require any construction or other work in connection therewith except as otherwise provided in this Act c. sanction any scheme, plan or works of improvement or development including building regulations or provisions regulating or controlling factories, dairies, slums, cheris, rutting grounds or markets for water supply or sewerage in the said area d. regulate or control the use, construction, reconstruction, repair and closure of wells, ponds and tanks except in so far as such regulation or control relates to the avoidance of injury or danger to the public, to nuisance or in sanitary conditions or to the protection of public health e. have any power or duty in respect of offences and penalities therefor in so far as they relate to any matter connected with water-supply and sewerage f. have any power to levy or collect any water-tax except as otherwise provided in this Act g. have any power or function in respect of the framing of any rule, regulation or by-law regarding any of the matters referred to in this section.
3. (3) . The provisions of this Act or any regulation or other instrument made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or any contract, custom or usage.

Amendments to other enactments and savings (1)

1. (a) On and from the date approved under sub-section

1. (1) of section 26, the enactments specified in parts I to III of the Schedule shall be amended in the manner directed therein in respect of an area which forms part of or the whole area over which the Chennai City Municipal Corporation, a municipal council, a town panchayat or village panchayat, or a township committee constituted under any law for the time being in force,as the case may be, has jurisdiction and the provisions of the Chennai city municipal Corporation Act ,1919 (Tamil Nadu Act IV of 1919 ), the Tamil Nadu district Municipalities Act, 1920 (Tamil Nadu Act V of 1920 ) or the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958 ), as the case may be, shall continue to apply to such area subject to the modifications specified in Part I, II or III of the schedule, as the case may be.
   • (b) The enactments specified in Parts IV to VII of the schedule shall be amended in the manner directed therein with effect from such date as the Government may, by notification, appoint in this behalf.
2. (2) . Notwithstanding the amendments specified in the Schedule to this act and any other Provision of this Act, an existing authority shall continue to have all the powers it had before the notified date applicable to it, for the purpose of recovering from any persons any arrears of water tax or other rate relating to water -supply whether such tax or rate is payable as part of property tax or otherwise, or any other dues pertaining to water supply or Sewarage payable by such person in respect of anything done relating to the period prior to such notified date.
3. (3) . The existing authority concerned shall be responsible for recovering the arrears and other dues referred to in sub section ( 2) as expeditiously as practicable and shall pay over the amounts so recovered to the board after deducting there from such collection charges as may be mutually agreed between the board and the existing authority.

Service how to be effected When any notice, bill or other document is required by or under this act or regulations made there under to be served upon , or presented to any other person such service, or presentation shall be effected a. by giving or tendering the said document to such person, or b. if such person is not found, by leaving such document at his last known place of abode, or by giving or tendering the same to some adult member or servant of his family; or c. if his address elsewhere is known, by forwarding such document to him by registered post under a cover bearing the said address; or d. if none of the means aforesaid is available by causing a copy of such document to be affixed on some conspicuous part of the land or the building , if any, to which the document relates.

Application of act on extension of Chennai Metropolitan Area If on any date after the commencement of this Act the Chennai Metropolitan Area as at such commencement is extended by the addition of territories, the provisions of sections 25 to 30 shall with effect from such date, apply mutatis mutandis in the territories so added and in respect of all matters covered by those sections and the other provisions of this Act shall apply accordingly.

Rules and notifications to be placed before the legislature (1)

1. (a) All rules made under this act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day which they are so published.
2. (b) All Notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.

1. (2) . Every Rule or Notification made or issued under this Act shall as soon as possible after it is made or issued, be placed on the table of both Houses of the legislature and if before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in such rule or Notification or both Houses agree that the rules or Notification should not be made or issued, the rule or Notification shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule or Notification.