The Schedule

THE SHEDULE (SEE SECTION) PART I 1. sections 163 to 173,177 to 181. 262,268 and 350 shall be omitted, 2. in section 3, after clause (10), the following clause shall be inserted, namely:- (10-A) ―drain‖ means a drain or storm water drain and water tables, chutes and the said drain excusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the Chennai Metropolitan water-supply and sewerage Act, 1978. 3. in section 16, the world figures and brackets ―169 (2) 178 (2) and (3), 179, 180‖ shall be omitted 4. in section 99, in sub-section (1) (i) in clause (b) the words ―water and‖ in two places where they occur shall be omitted (ii) in the proviso, the words ―water and‖ the words water works and the remainder shall be deemed to be levied in respect of ―shall be omitted‖ 5. in section 102 (i) in clause (a), the proviso the words the ―water and‖ and the words ―water-supply and ―shall be omitted, (ii) in clause (b) in the proviso in sub-clause (I), the words ―water and‖ shall be omitted. 6. in section 190, the words ̳or‘ shall be omitted. 7. in section 191, the words ̳or with the house connection of any other person‖ shall be omitted. 8. in section 193, in subsection (2) the words ―and over any lake or reservoir from which a supply of water for use of the city is derived, and over all lands at a distance not exceeding one mile beyond the high water level of any such lake or reservoir‖, and the words ―sewerage farms, sewage disposal tanks, filters and other‖ shall be omitted; 9. in section 203, in sub-section (1), the words ―sewers‖ and in subsection (2) thereof the ―sewer‖ shall be omitted. 10. in section 213, ―water supply‖ shall be omitted. 11. in section 216 in subsection (1) in clause (c) the word ―sewering‖ shall be omitted 12. in section 218, in sub section (1), the word ―sewered‖ shall be omitted; 13. in section 230 in sub section (3) (i) in clause (i) the word ―cess-pools‖ shall be omitted. (ii) clause (j) shall be omitted. (ii) for clauses (k) and (I), the following clause shall be substituted namely:- (k) ―restrictions on the use of inflammable materials in building‖ 14. in section 247, for the words ―so far as may be apply to wells‖ the words and figures ―not apply to water works and sewerage works within the meaning of the Chennai Metropolitan water supply and sewerage Act, 1978‖ shall be substituted; 15. in section 256, in sub section (1) and in section 256-A in sub-section (1) the words ―or well‖ wherever they occur shall be omitted; 16. in section 256, in subsections (1) and (2) the word ―drinking‖ shall be omitted 17. in section 256, in sub section (2), the word ―water supply‖ shall be omitted. 18. in sections 349 (i) clause (3) shall be omitted; (ii) sub-clauses (b) to (f) of clause (5) shall be omitted (iii) clause (7) shall be omitted (iv) in clause (12), the words ―and connecting them with municipal drains‖ shall be omitted. (v) in clause (15) the words ―and water supply‖ shall be omitted. 19. in section 366, in sub section (1) a. in clause (a) (i) the figures ―178‖ shall be omitted (ii) the words ―house drainage or the connection of house – drains with municipal drains, or house connections with municipal water-supply or― shall be omitted; b. in clause c. the figures ―262‖ shall be omitted. 20. in section 383, in clause (a), the words and figures ―section 168, section 169, section 177, section 178, section 179‖ shall be omitted. 21. in rule 30 of schedule IV clause, clause (a) shall be omitted; 22. in rule 3 of schedule V, in clause (b), the words ― of sewage farms and all works for the removal or disposal of sewage‖ and the words ―of water works, drinking fountains, tanks and wells‖ shall be omitted; 23. in schedule VII and VIII the entries in column (1) relating to sections 166, 168, 169, 177, 178, 180, 181, 262 and 268 and the corresponding entries in columns (2), (3) and (4) there of shall be omitted. PART II In the Tamil Nadu District Municipalities Act, 1920 (TamilNadu Act V of 1920) 1. sections 125 to 135, 138 to 142, 223, 231 and 307 shall be omitted; 2. in section 3, clause (8-A) shall be relettered as clause (8-AA) and before clause (8-AA) as so relettered, the following shall be inserted, namely :- ―(8-A) ̳drain‘ means a drain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the Chennai Metropolitan water supply and Sewerage Act, 1978.‖ 3. in section 39, in sub-section (3), the words ―water supply‖ shall be omitted, 4. in section 81, in sub section (1) (i) in clause (b), the words ―water and‖ ̳Water or‖ shall be omitted (ii) in the first proviso, the words ―water and‖ and the words ―water works and the remainder shall be deemed to be levied in respect of ―shall be omitted; 5. in section 83 (i) in sub-section(2), the words ―water and‖ and the words ―water or‖ shall be omitted (ii) in sub-section (3), the words ― water and‖ and the words ―water supply and‖ shall be omitted; 6. in section 150, the words ―water supply‖ shall be omitted; 7. in section 15 in subsection (1), the words ―or with the house connection of any other person‖ shall be omitted; 8. in clauses (8) (a) and (b) of sub-section (2) of section 152, the words ―for drinking‖ shall be omitted; 9. in section 172, the words ― water supply‖ shall be omitted; 10. in clause (c) of subsection (1) of section 176, the word ―sewering‖ shall be omitted; 11. in clause (j) of sub-section (3) of section 191, (a) the words ―cesspools‖ shall be omitted; clause (I) shall be omitted; 12. in section 207 for the words ―so far as may be apply to a well‖, the words ―not apply to water works and sewerage works within the meaning of the Chennai Metropolitan water supply and sewerage act, 1978‖ shall be substituted, 13. in sub-section (1) of section 216, the words ―or well‖ shall be omitted 14. in section 226:- a. in the marginal heading, the words ―used for drinking‖ shall be omitted b. in sub sections (1) and (2) the word ―drinking‖ shall be omitted. 15. in subsections (3) of section 262 the word ―water Supply‖ shall be omitted. 16. in section 306,- (i) clause (3) [except sub-clause (b)] shall be omitted, (ii) sub-clauses (b) to (f) of clause (5) shall be omitted; (iii) clause (7) shall be omitted, (iv) in clause (12) the words ―and connecting them with municipal drains‖ shall be omitted, (v) in clause (15) the words ―and water supply‖ shall be omitted; 17. in sub-section (1) of section 322 (i) in sub-clause (1) of clause (a), the figures ―131, 139‖ shall be omitted; (ii) in sub-clause (ii) of clause (a), the words ― house drainage and the connection of house drains with municipal drains or House connection with municipal water supply or‖ shall be omitted; 18. in sub-section (1) of section 340, the words and figures ―subject to the provisions of section 139‖ shall be omitted; 19. in rule 39 of schedule IV, in clause (c), the words ―of sewage farms and all works for the removal or disposal of sewage; or water-works, drinking fountains, tanks and wells‖ shall be omitted; 20. in schedule VII, the entries relating to sections 127, 130, 131, 138, 139, 140, 142, and 223 and the entries relating there to in columns (2) to (4) thereof shall be omitted; 21. in Schedule VIII, the entries relating to sections 130,131, 138, 139 and 140 and the entries relating thereto in columns (2) to (4) thereof shall be omitted; Part III In the Tamil Nadu panchayats Act 1958 (Tamil Nadu Act XXXV of 1958) 1. after clause (8) of section 2, the following shall be inserted, namely ―(8-A) ̳drain‘ means a drain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the Chennai Metropolitan water supply and Sewerage Act, 1978‖; 2. in section 63 (i) in clause (c), after the word ―sullage‖ the words ―not including sewage‖ Shall be inserted; (ii) in clause (g), the words ―and of protected water for drinking purposes‖ shall be omitted; 3. to clause (j) of section 64, the following proviso shall be added namely: ― provided that nothing in this clause shall apply to water supply for non-irrigation purposes and sewerage‖; 4. to section 67, the following proviso shall be added, namely: ― provided that nothing in this section shall apply to water supply for non-irrigation purposes and sewerage‖; 5. in section 68: a. in the marginal heading, the words ―water works and‖ shall be omitted; b. in clause (i) the words ―and of protected water for drinking purpose‖ shall be omitted; 6. in section 76: i) in sub-section (1), the word ―sewers‖ shall be omitted; ii) in sub-section (2), the word ―sewers‖ shall be omitted; 7. in section 77: i) in sub section (1), the word ―sewers‖ shall be omitted; ii) in sub-section (2), the word ―sewers‖ shall be omitted; 8. in clause (b) of section 78, the words ―water supply mains‖ and the words ―and sewers‖ shall be omitted; 9. in clause (d) of subsection (1) of section 82, the words sewers or‖ shall be omitted; 10. section 84 shall be omitted; 11. in section 88 a. in the marginal heading, for the word ― sewage‖, the word ―rubbish‖ shall be substituted; b. the word ―sewage‖ shall be omitted; 12. in clause (a) of sub-section (2) of section 100, the words ― and water-supply‖ shall be omitted; 13. clause (xxix) of sub-section (2) of section 178 shall be omitted; Part IV In the Tamil Nadu Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961) 1. after section 69, the following section shall be inserted, namely: ―69-A. scope of housing or improvement schemes- Notwithstanding anything contained in sections 35 to 69, the Board or any other authority referred to in this Act shall have no power, function or responsibility for making provision in any housing or improvement scheme or executing or carrying out any work thereunder, in respect of water supply or sewerage services or anything connected therewith in the chennai Metropolitan Area within the meaning of the Chennai Metropolitan water supply and Sewerage act, 1978, and If any such scheme is in process of being executed in relation to that area on the coming into force of this section, the Board shall continue and complete such execution in accordance with section 27 of the aforesaid Act. 2. After section 78, the following section shall be inserted namely: 78-A Appointments of betterment fee in certain cases :- Where any betterment fee is levied or recovered under the provisions of this chapter in respect of any land in the Chennai Metropolitan Area within the meaning of the Chennai Metropolitan water supply and sewerage Act 1978, and if any such or any part thereof in relation to provision for or improvement of water supply or sewerage services or matters connected therewith the both shall pay over the Chennai Metropolitan Water Supply and Sewerage Board constituted under the afore-said Act such fee or part there of: Provided that if there is any doubt or dispute about the amount to be so paid over the matter shall be referred to the Government whose decision thereon shall be final. Part V In the Tamil Nadu water supply and Drainage Board Act 1970 (Tamil Nadu Act 4 of 1971) 1. in the long title after the words the ―state of Tamil Nadu‖ the words ―except the Chennai Metropolitan Area‖ shall be inserted. 2. In clause (7) of section 2, sub-clause (I) shall be omitted; 3. In sub Section (1) of section 4, for clause (d) the following shall be substituted, namely ―(d) a whole-time director of the Chennai Metropolitan Water supply and Sewerage Board constituted under the Chennai Metropolitan water supply and Sewerage Act 1978, nominated by that Board, Ex-officio‖ 4. After section 11, the following section shall be inserted namely:- ―11A-common service cadre for employees of Board and the Chennai Metropolitan Water Supply and Sewerage Board – Notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract or other instrument, the Board may, with the concurrence of the Chennai Metropolitan Water Supply and Sewerage Board constituted under Chennai Metropolitan Water Supply and Sewerage Act, 1978, establish common service cadres and service conditions for the staff employed by either Board and there upon such staff shall be liable to be posted or transferred to the service of either Board. Provided that no employee of an existing authority as defined under the aforesaid Act and appointed under section 20 of that Act, shall be transferred or posted to the service of the Board except with his consent; 5. after section 27 the following section shall be inserted namely:- ―27-A Exclusion of schemes of Chennai Metropolitan Area- Notwithstanding anything contained in the Act, the Board or any other Authority referred to in this Act shall have no power, function or responsibility for investigation, preparation or execution of any scheme a. in relation to the Chennai Metropolitan Area within the meaning of the Chennai Metropolitan Water Supply and Sewerage Act, 1978, on and from the date on which the assets and liabilities of the Board are transferred under section 26 of the Act, and: b. for or for the benefit of, local authority (being an existing authority within the meaning of the aforesaid Act)in the said area, on and from the date on which the assets and liabilities of such local authority are transferred under section 26 of that Act: Provided that works in progress within the meaning of Explanation to section 27 of the said Act shall be continued and completed by the Board in accordance with that section. Part VI In the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act 11 of 1971) (1) in section 35, in sub-section(1), the following proviso shall be added, namely:-― Provided that one of the whole-time directors of the Chennai Metropolitan Water Supply Board constituted under the Chennai Metropolitan Water Supply and Sewerage Act, 1978, specified in this behalf by that Board shall be appointed as a member under this section‖. (2) for section ―69‖, the following section shall be substituted, namely: 69. Applicability and effect of this Act (1) Notwithstanding anything contained in this Act, the Board or the prescribed Authority or any authority referred to in this Act shall have no power, function or responsibility for the planning or providing for water supply and sewerage facilities, or for any matter connected therewith, or carrying out any work in relation thereto, in the Chennai Metropolitan Area within the meaning of the Chennai Metropolitan Water Supply and Sewerage Act, 1978, and if any such plan or work is being carried out or executed in relation to that area on the date of coming into force of this section, the Board any other authority, as the case may be, shall continue and complete such plan or work in accordance with Section 37 of Chennai Metropolitan Water Supply and Sewerage Act, 1978. (2) Save as otherwise provided in this Act, the provision of this Act and the rules made there under shall have effect Notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom, usage or contact or any decree or order of a Court or other Authority. Part VII In the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) (1) in sub-section (2) of section 9-A after clause (g), the following clause shall be inserted, namely: ―(h) a whole-time director of the Chennai Metropolitan Water Supply and Sewerage Board constituted under the Chennai Metropolitan Water Supply and Sewerage Act, 1978, nominated by that Board Ex-officio,‖ (2) after section 9-D, the following section shall be inserted namely:- 9-E Relation with the Chennai Metropolitan Water Supply and Sewerage Board. 1. Notwithstanding anything contained in this Act, the Chennai Metropolitan Development Authority shall fully consult and collaborate the Chennai Metropolitan Water Supply and Sewerage Board constituted under the Chennai Metropolitan Water Supply and Sewerage Act, 1978 with respect to any provision regarding water supply or sewerage services and matters connected therewith that may be included in any development plan prepared or to be prepared under this Act for the Chennai Metropolitan Planning Area or any part thereof. 2. with respect to any such development plan, the execution of or the carrying out of any work under such plan, in so far it relates to water supply or sewerage service or matters connected therewith, be entrusted to and be the sole responsibility of the Chennai Metropolitan Water Supply and Sewerage Board, and if any work under such plans is in the process of being executed or carried out on the date of coming into force of this section, the Chennai Metropolitan Development Authority shall continue and complete such work in accordance with section 27 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978. 3. after section 63, the following section shall be inserted namely: 63-A Appointment of development charges in certain cases – where any development charges levied or recovered under the provisions of this Chapter in respect of the use or change of use of land or building or development of any land or building in the Chennai Metropolitan Area, and if any such charge or any part thereof is relatable to provision for or improvement of water supply or sewerage service, the Chennai Metropolitan Development Authority shall pay over to the Chennai Metropolitan Water Supply and Sewerage Board constituted under the Chennai Metropolitan Water Supply and Sewerage Act, 1978, such charge or part thereof. ― Provided that if there is any doubt or dispute about the amount to be paid over, the matter shall be referred to the Government whose decision thereon shall be final‖ 4. in section 111 a) subsections (1) and (2) shall be renumbered as subsections (2) and (3) respectively: b) before sub section (2) as so renumbered the following shall be inserted namely- ―(1) The provisions of this Act shall be read subject to the provisions of the Chennai Metropolitan Water Supply and Sewerage Act, 1978‖ c) In sub-section (2) as so renumbered, after the words ―in any other law‖ the words, ―custom, usage or Contract‖ shall be inserted. d) In sub-section (3) as so renumbered, for the word, ―notwithstanding‖ the words subjects to the provisions of sub-section (1), ―but notwithstanding‖ shall be substituted. Part VIII In the Tamil Nadu Government Gazettee Part IV Section 2 Tamil Nadu Acts and ordinances No.51 (T.N. Act No. 8 of 2012). 1. (1) This Act may be called the Chennai Metropolitan water supply and Sewerage (Amendment) Act.2012. (2) It shall be deemed to have come into force on the 25th day of October 2011. 2. To section 87 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978 the following provisio shall be added, namely:- ― Provided that all taxes, fees and duties, in respect of water supply and sewerage services as levied by the local authority concerned before the date of the such extension, shall be deemed to have been levied by Board under the provisions of this Act and shall continue to be in force accordingly, until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act.‘‘ 3. (1) The Chennai Metropolitan water Supply and Sewerage (Amendment) ordinance, 2012 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the puncipal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. Part –IX In the Tamil Nadu Acts and Ordinances No.322 (T.N. Act No. 48 of 2012) In section 37 of the Chennai Metropolitan Water supply and Sewerage Act, 1978 (1) in sub-section (7) for the expression ―sanction‖, the expression ―approve‖ shall be substituted; (2) sub-section (8), shall be omitted; (3) in sub-section (9), for the expression ―sanctioned‖, the expression ―approved‖ shall be substituted.