The Tripura Jal Board Act, 2020

Short title, extent and commencement:

1. (1) This Act may be called the Tripura Jal Board Act, 2020.
2. (2) It extends to the whole of the State of Tripura.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions: In this Act, unless the context otherwise requires,-

1. (a) "Board" means the Tripura Jal Board established under Section 3;
2. (b) "Chairman" means the Chairman of the Board;
3. (c) "Government" means the Government of Tripura;
4. (d) "Member" means a member of the Board and includes the Chairman, Vice-Chairman and Member Secretary;
5. (e) "Prescribed" means prescribed by rules made under this Act;
6. (f) "Regulations" means the regulations made by the Board under this Act;
7. (g) "Secretary" means the Member Secretary of the Board;
8. (h) "State" means the State of Tripura;
   • (i) "Water Supply" means supply of water for drinking, domestic, commercial, industrial or any other purpose.

Constitution of the Board

1. (1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Board to be known as the Tripura Jal Board.
2. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue and be sued.
3. (3) The head office of the Board shall be at such place as the State Government may notify.

Composition of the Board

1. (1) Tripura Jal Board established under Section 3, shall consist of 9
   • (nine) members with Chairman, Vice-chairman, a Member Secretary and the following other members, namely:
   • (a) The Minister in-charge of the Drinking Water and Sanitation Department, Government of Tripura - Ex-officio Chairman.
   • (b) The Secretary to the Government of Tripura, Drinking Water and Sanitation Department - Ex-officio Vice-Chairman.
   • (c) The Chief Engineer, Drinking Water and Sanitation Department, Government of Tripura - Member Secretary.
   • (d) The Secretary (Finance), Government of Tripura or his representative not below the rank of Joint Secretary - Member.
   • (e) The Secretary, Urban Development Department, Government of Tripura or his representative not below the rank of Joint Secretary - Member.
   • (f) The Secretary, Rural Development Department, Government of Tripura or his representative not below the rank of Joint Secretary - Member.
   • (g) The Director, Science, Technology and Environment, Government of Tripura - Member.
   • (h) Two experts having expertise in the field of Water Supply, Irrigation or Hydrology to be nominated by the State Government - Members.

Term of office of members of the Board:

1. (1) The non-official members of the Board shall hold office for a term of 3 (three) years from the date of their nomination, unless their membership is terminated earlier by the Government.
2. (2) A non-official member of the Board may resign his office by giving notice in writing under his hand to the Government and his office shall become vacant from the date on which such resignation is accepted by the Government.
3. (3) The Government may remove any non-official member of the Board before the expiry of his term after giving him an opportunity of being heard.

Disqualification for being member of the Board: A person shall be disqualified for being nominated as and for being a member of the Board, if he:

1. (a) is or has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government involves moral turpitude; or
2. (b) is of unsound mind and stands so declared by a competent court; or
3. (c) is an undischarged insolvent; or
4. (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or
5. (e) has, in the opinion of the Government, such financial or other interest in the Board as is likely to affect prejudicially the discharge by him of his functions as a member.

Removal of members.-

1. (1) The State Government may remove from office any member of the Board, who-
   • (a) is, or becomes, subject to any of the disqualifications mentioned in section 6; or
   • (b) without excuse sufficient in the opinion of the State Government, is absent from four consecutive meetings of the Board; or
   • (c) in the opinion of the State Government, has so abused his position as to render his continuance as a member detrimental to the interest of the public:

Resignation of members Resignation of members.- Any member of the Board, other than the Chairman or Vice-Chairman, may resign his office by giving notice in writing under his hand to the Chairman, while the Chairman or Vice-Chairman may resign his office by giving notice in writing to the State Government, and on such resignation being accepted, such member, Chairman or Vice-Chairman shall be deemed to have vacated his office.

1. (9) Vacancies etc. not to invalidate proceedings of the Board.- No act or proceeding of the Board shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Board.

1. (10) Meetings of the Board.-
2. (1) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations: Provided that the Board shall meet at least once in every three months.
3. (2) The Chairman or, in his absence, the Vice-Chairman shall preside at every meeting of the Board.
4. (3) All questions which come before any meeting of the Board shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the Chairman or, in his absence, the Vice-Chairman shall have and exercise a second or casting vote.

Functions of the Board:

1. (1) It shall be the duty of the Board to provide for the storage, transportation, sewerage treatment and distribution of water for drinking purposes, sanitation and such other purposes as may be assigned to it by the Government.
2. (2) In particular and without prejudice to the generality of the foregoing provisions, the Board may perform all or any of the following functions, namely:
   • (a) to plan, promote and execute projects for water supply, sewerage and sanitation and matters connected therewith;
   • (b) to operate, maintain and manage all water supply, sewerage and sanitation works;
   • (c) to regulate and control the supply and use of water;
   • (d) to assess water requirements and prepare perspective plans for water management;
   • (e) to provide technical assistance and consultancy services for planning and implementation of water supply, sewerage and sanitation schemes;
   • (f) to ensure the quality of water supplied;
   • (g) to levy, assess and collect water charges, sewerage charges, and other fees for services provided;
   • (h) to take measures for water conservation and recycling of waste water;
     • (i) to carry out research and development in the field of water supply and sanitation;
   • (j) to coordinate with other departments and agencies for the development and management of water resources;
   • (k) to do all such other acts and things as may be necessary or incidental to the performance of the functions of the Board.

Powers of the Board:

1. (1) The Board shall have all the powers necessary for the purpose of carrying out its functions under this Act.
2. (2) Without prejudice to the generality of the foregoing power, such power shall include the power to:
   • (a) enter into contracts and agreements;
   • (b) acquire, hold and dispose of property, both movable and immovable;
   • (c) borrow money with the prior approval of the Government;
   • (d) frame regulations and bye-laws for the conduct of its business and for the exercise of its powers;
   • (e) engage the services of such officers and employees as may be required;
   • (f) enter upon any land or premises for the purpose of inspection, survey, execution of works or for any other purpose connected with the functions of the Board;
   • (g) disconnect water supply in case of non-payment of water charges or violation of the rules;
   • (h) impose and recover penalties for unauthorized use of water or damage to the Board's property;
     • (i) delegate any of its powers to any member, officer or employee of the Board or to any committee appointed by it;
   • (j) do all other things which are necessary for the smooth and efficient functioning of the Board.

Officers and employees of the Board

1. (1) The Board may appoint such officers and other employees as it considers necessary for the efficient performance of its functions: Provided that the Board shall only appoint officers and employees against posts sanctioned by the Government.
2. (2) The method of recruitment, the scales of pay and allowances and other conditions of service of the officers and other employees of the Board shall be such as may be specified by regulations made by the Board with the prior approval of the Government.
3. (3) The Board may, with the prior approval of the Government, appoint on deputation such officers and employees from the Government or any other organization as it considers necessary.

Board to maintain accounts

1. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed by the Government in consultation with the Accountant General, Tripura.
2. (2) The accounts of the Board shall be audited annually by the Accountant General, Tripura or by such other person as the Government may authorize in this behalf and any expenditure incurred in connection with such audit shall be payable by the Board to the Accountant General or such other person, as the case may be.
3. (3) The Accountant General, Tripura or any person authorized by him in connection with the audit of the accounts of the Board shall have the same right, privilege and authority in connection with such audit as the Accountant General has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
4. (4) The accounts of the Board as certified by the Accountant General, Tripura or any other person authorized in this behalf, together with the audit report thereon shall be forwarded annually to the Government and the Government shall cause the same to be laid before the Tripura Legislative Assembly.

Annual report

1. (1) The Board shall, as soon as may be after the end of each financial year, prepare and submit to the Government before such date as may be prescribed, a report in such form and in such manner as may be prescribed, giving an account of its activities during the previous financial year and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Board in the next financial year.
2. (2) The Government shall cause the annual report to be laid before the Legislative Assembly of Tripura.

Preparation of budget

1. (1) The Board shall, in each financial year, prepare in such form and at such time as may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure and forward the same to the Government.
2. (2) The budget shall be prepared in such manner as may be prescribed.

Audit of accounts:

1. (1) The accounts of the Board shall be audited annually by a Chartered Accountant in practice or firm of Chartered Accountants to be appointed by the Board with the approval of the Government.
2. (2) The auditor appointed under sub-section
3. (1) shall have the right to demand the production of books, accounts, connected vouchers, documents and papers of the Board and to inspect any of the officers of the Board.
4. (3) The audit report shall be submitted to the Board and a copy thereof shall be forwarded to the Government.

Power to make rules:

1. (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
   • (a) the manner and terms and conditions of appointment of the members of the Board and the procedure to be followed by the Board in the discharge of their functions;
   • (b) the terms and conditions of service of the officers and employees of the Board;
   • (c) the forms of books, accounts and registers to be maintained by the Board;
   • (d) the procedure to be followed in the preparation and submission of the budget;
   • (e) the form in which and the time at which the annual report and returns shall be prepared and submitted to the Government;
   • (f) any other matter which is required to be or may be prescribed.

Power to make regulations:

1. (1) The Board may, with the prior approval of the State Government, make regulations, not inconsistent with the provisions of this Act and the rules made thereunder, to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
   • (a) the summoning and holding of meetings of the Board, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat;
   • (b) the recruitment and the conditions of service of officers and other employees of the Board;
   • (c) the powers and duties of the officers and other employees of the Board;
   • (d) the management of the properties of the Board;
   • (e) the execution of contracts and assurances of property on behalf of the Board;
   • (f) the maintenance of accounts and the preparation of annual statement of accounts including the balance-sheet;
   • (g) the procedure for carrying out the functions of the Board under this Act;
   • (h) any other matter which is to be, or may be, provided for by regulations under this Act.

Power to remove difficulties:

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislative Assembly.

-1 21. Repeal and savings

1. (1) On and from the date of commencement of this Act, the Tripura Jal Board Ordinance, 2020 (Ordinance No. 02 of 2020) shall stand repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.