UTTAR PRADESH WATER SUPPLY AND SEWERAGE ACT, 1975
(1) This Act may be called the Uttar Pradesh Water Supply and Sewerage Act, 1975.
(2) It extends to the whole of Uttar Pradesh excluding cantonment areas.
1[(3) It shall be deemed to have come into force on June 18, 1975.
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Subs. by U. P. Act No. 28 of 1978 (w.e.f. 1-8-1978).
In this Act, unless the context otherwise requires,-
(1) "cess-pool" includes a settlement tank or other tank to receive or dispose of foul matters from any premises;
(2) "communication pipe" means any pipe or system of pipes along with all fittings thereto, by means of which water is supplied to any premises from the main and includes a connection pipe, service pipe, meter or other fittings;
(3) "connection pipe" means any water pipe from a ferrule to stop-cock connecting the main of the local body, Jal Sansthan or Nigam, as the case may be, with the service pipe;
(4) "consumer" means any person getting the benefit of any water supply or sewerage service from the local body, Jal Sansthan or the Nigam, as the case may be; .
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(1) The State Government shall, by notification in the Gazette and with effect from a date to be specified therein, constitute a corporation by the name of the Uttar Pradesh Jal Nigam.
(2) The Uttar Pradesh Jal Nigam shall be a body corporate by the said name, having perpetual succession and a common seal, and shall sue and be sued by the said name and have the power to acquire, hold or dispose of property.
1[(3) The Nigam shall for all purposes be deemed to be a local authority and not a company or a corporation owned by the State Government having shares and share-holders.]
(4) The Nigam shall have its head office at Lucknow and may have offices at such other places as it may consider necessary.
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(1) The Nigam shall consist of a Chairman appointed by the State Government besides the members specified in subsection (2).
(2) The members other than the Chairman shall be as follows, namely:
1[(a) a Managing Director to be appointed by the State Government];
2[(aa) non-official persons not exceeding three of eminance in social and public life in the State, to be nominated as Vice-Chairman by the State Government];
(b) a Finance Director (to be appointed by the State Government), who shall have experience of matters relating to finance and accounts;
(c) the Secretary to the State Government in the Finance Department, ex officio;
3[(d) the Secretary to the Sta
A person shall be disqualified for being chosen as and for being the Chairman or other member of Nigam if he-
(a) has been convicted of an offence involving moral turpitude;
(b) is an undischarged insolvent;
(c) is of unsound mind and stands so declared by a competent court;
(d) holds, except as provided in Sections 6 and 7, any office of profit under the Nigam;
(e) has, directly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of the Nigam; or
(f) is a Director or Secretary, Manager or other officer of any company which has any
(1) The Chairman of the Nigam, unless appointed ex officio, shall hold office for three years unless his term is determined earlier by the State Government by notification in the Gazette, and shall be eligible for re-appointment.
(2) A person nominated under clause (g) of sub-section (2) of Section 4 shall, unless his term is determined earlier by the State Government hold office for a period of three years or until the expiry of his term of office as elected head of the local body concerned, whichever is earlier, but shall be eligible for reappointment.
1[(2-A) A person nominated under clause (aa) of sub-section (2) of Section 4 shall, unless his term is determined earlier by the State Government by notification in the Gazette, hold office for a period of three years, and shall be eligible for re-nomination].
(1) The Chairman and the members appointed 2[under clauses (a), (aa) and (b)] of sub-section (2) of Section 4, shall be paid from the Nigam's fund such remuneration, if any, as may be fixed by the State Government.
(2) If the Chairman or any other member as aforesaid is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave otherwise in circumstances not involving the vacation of his appointment, the State Government may appoint another person to officiate for him and to carry out his functions under this Act.
3[(3) Notwithstanding anything, to the contrary contained in any other provision of this Act, or in any other law for the time being in force, the office of the Chairman of the Nigam shall not be deemed to be an office of profit, and shall have no authority on managerial functions
4[7-A. Notwithstanding anything to the contrary contained in any other provision of this Act, all or any of the powers, duties and functions of the Chairman shall be exercised, discharged or performed by such Vice-Chairman as may be subject to the control and supervision of the Nigam, by general or special order authorised by the Chairman, either unconditionally or subject to such conditions, including the conditions of review by himself, as may be specified in the order. The Vice-Chairman so authorised shall, however, in relation to the affairs of the Nigam, subject to the ultimate control and direction of the Nigam, hold his office under immediate control of the Chairman.]
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4. Ins. by U. P. Act No. 15 of 2007, Section 5 (w.e.f. 15-6-2007)
(1) Subject to the provision of sub-section (2), the Nigam may appoint such employees as it considers necessary on such terms and conditions as it thinks fit for the efficient performance of its functions:
Provided that the appointment of such employees as the State Government may, by general or special order, specify shall be made and their terms and conditions shall be determined with the approval of the State Government.
(2) The Nigam may, with the previous approval of the State Government, appoint a servant of the Central Government or the State Government as an employee of the Nigam on such terms and conditions as it thinks fit.
Subject to the superintendence of the Nigam, the Chairman shall have the general control and direction over, and subject thereto, the Managing Director shall have control over, all other employees of the Nigam.
(1) All proceedings of the Nigam shall be authenticated by the signature of the Chairman and all orders and other instruments of the Nigam shall be authenticated by the signature of the Managing Director or such other officer of the Nigam as may be authorised in this behalf by regulations.
(2) The Nigam may invite any person to attend a meeting of the Nigam for the purpose of assisting or advising it on any matter, and the person so invited may take part in any proceedings of the Nigam but shall have no right to vote.
Subject to the provisions of this Act, the Nigam may by general or special order, delegate, either unconditionally or subject to such conditions, including the condition of review by itself, as may be specified in the order, to any Committee appointed by it or to the Chairman or the Managing Director or any other officer of the Nigam such of its powers and duties under this Act as it deems fit, not being its powers and duties under Sections 46, 49 and 50.
.-(1) The Chairman or any other member of the Nigam or of a Committee appointed by the Nigam who-
(a) has any share or interest of the nature described in clause (e) or clause (f) of Section 5 in respect of any matter, or
(b) has acted professionally, in relation to any matter on behalf of any person having therein any such share or interest as aforesaid,
shall not, notwithstanding anything contained in the proviso to Section 5, vote or take part in any proceeding (including any discussion on any resolution or question) of the Nigam or any Committee thereof relating to such matter.
(2) If any member of the Nigam or of a Committee appointed by the Nigam has directly or indirectly any interest in any area in which it is proposed to acquire land for a
No act done or proceeding taken under this Act by the Nigam or a Committee appointed by the Nigam shall be invalidated merely on the ground of-
(a) any vacancy or defect in the constitution of the Nigam or any Committee thereof; or
(b) any defect or irregularity in the appointment of a person acting as a member thereof; or
(c) any defect or irregularity in such act or proceeding, not affecting the substance.
The functions of the Nigam shall be the following, namely:
(i) the preparation, execution, promotion and financing the schemes for the supply of water and for sewerage and sewage disposal;
(ii) to render all necessary services in regard to water supply and sewerage to the State Government and local bodies, on request to private institutions or individuals;
(iii) to prepare State plans for water supply, sewerage and drainage on the directions of the State Government;
(iv) to review and advise on the tariff, taxes and charges of water supply in the areas of Jal Sansthans and local bodies which have entered into an agreement with the Nigam under Section 46;
(v) to assess the requirement for materials and arr
(1) The Nigam shall, subject to the provisions of this Act, have power to do anything which may be necessary or expedient for carrying out its functions under this Act.
(2) Without prejudice to the generality of the foregoing provision, such power shall include the power-
(i) to inspect all water supply and sewerage facilities in the State by whomsoever they are operated;
(ii) to obtain such periodic or specific information from any local body operating agency as it may deem necessary;
(iii) to provide training for its own personnel as well as employees of the local bodies;
(iv) to prepare and carry out schemes for water supply and sewerage;
(v) to lay down the
(1) The Nigam may call for such reports and information from a Jal Sansthan or local body as the Nigam may consider necessary and after considering them, issue such directions to such Jal Sansthan or local body as may be considered necessary.
(2) (a) The directions so issued shall be complied with by the Jal Sansthan or local body concerned as speedily as possible.
(b) In case such Jal Sansthan or local body disagrees with such direction or experiences any difficulty in complying with the same, it shall refer the matter to the State Government whose decision thereon shall be final.
The Nigam may include in the cost of any scheme or work the execution or further execution whereof is undertaken under clause (i) of Section 14, supervision and centage charges at such rate not exceeding such limit as may be prescribed, as it may determine under clause (v) of sub-section (2) of Section 15.
(1) If in the opinion of the State Government, local conditions so require and it is considered necessary or expedient for the improvement of water supply and sewerage services in any area, it may constitute a body to be known as Jal Sansthan for that area.
(2) A Jal Sansthan shall be constituted by notification in the Gazette and with effect from the date specified therein.
(3) A Jal Sansthan 1[not being a Jal Sansthan referred to in sub-section (1) or sub-section (2) of Section 20] may be constituted under sub-section (1) to have jurisdiction over the local area or any part thereof, of one or more local bodies as the State Government may specify in the said notification.
(4) A Jal Sansthan shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by th
The State Government may, by notification, direct that in such rural areas as are specified in the notification, for which no Jal Sansthan has been established under Section 18, all or any of the powers, duties and functions of a Jal Sansthan under any provisions of this Act shall be exercised, discharged or performed by the Jal Nigam; and thereupon for the purposes of exercising, discharging or performing such powers, duties and functions the Jal Nigam shall be deemed to be the Jal Sansthan and the date of such notification shall be deemed to be the date of constitution of the Jal Sansthan.]
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1. Subs. by U. P. Act No. 28 of 1978 (w.e.f. 1-8-1978).
(1) A Jal Sansthan constituted to have jurisdiction over the local area of Municipal Corporations shall consist of a Chairman who shall be 2[Mayor] of the Municipal Corporations (ex officio), and the following other members, namely-
(a) a General Manager, to be appointed by the Nigam with the approval of the State Government who shall be a qualified engineer having administrative experience and experience of water supply and sewerage works;
(b) a Joint Director of Medical and Health Services to be nominated by the Director of Medical and Health Services, Uttar Pradesh;
(c) three 3[Corporators] of the Municipal Corporations nominated by the State Government;
(d) two representatives of the Nigam;
(e) the Di
The provisions of Section 5 relating to the disqualifications for being Chairman or other member of the Nigam shall mutatis mutandis apply in relation to the offices of Chairman and other members of the Jal Sansthan also.
(1) The Chairman of a Jal Sansthan, unless appointed ex officio, shall hold office for three years unless his term is determined earlier by the State Government, by notification in the Gazette, and shall be eligible for reappointment.
(2) A member nominated under clause (e) of Section 20 shall, unless his term is determined earlier by the State Government, by notification in the Gazette, hold office for a period of three years or until the expiry of his term of office as elected member of the local body concerned, whichever is earlier.
(3) The member appointed under clause (c) of sub-section (2) of Section 20 shall hold office on such terms and conditions as the State Government may, by order specify.
(4) The Chairman or any other member of a Jal Sansthan may at any time by writing under his
(1) The Chairman and such other members of a Jal Sansthan, if they work whole-time for the Jal Sansthan shall be paid from the funds of the Jal Sansthan such remuneration, if any, as may be fixed by the State Government.
(2) If the Chairman or any other member of a Jal Sansthan is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave otherwise in circumstances not involving the vacation of his appointment, the State Government may appoint any other person to officiate for him and to carry out his functions under this Act.
The functions of a Jal Sansthan shall be as follows :
(i) to plan, promote and execute schemes of and operate an efficient system of water supply;
(ii) where feasible, to plan, promote and execute schemes of, and operate, sewerage, sewage treatment and disposal and treatment of trade effluents;
(iii) to manage all its affairs so as to provide the people of the area within its jurisdiction with wholesome water and where feasible, efficient sewerage service;
(iv) to take such other measures, as may be necessary, to ensure water supply in times of any emergency;
(v) such other functions as may be entrusted to it by the State Government by notification in the Gazette.
(1) Every Jal Sansthan shall, subject to the provisions of this Act, have power to do anything which may be necessary or expedient for carrying out its functions under this Act.
(2) Without prejudice to the generality of the foregoing provision, such powers shall include the power-
(i) to exercise all powers and perform all the functions relating to water supply, sewerage and sewage disposal of the area which lies within its jurisdiction;
(ii) to acquire, possess and hold lands and other property and to carry any water or sewerage works through, across, over or under any highway, road, street or place and, after reasonable notice, in writing to the owner or occupier, into, through, over or under any building or land;
(iii) to abstract water from an
Subject to the provisions of this Act, a Jal Sansthan may, by general or special order, delegate, either unconditionally or subject to such conditions as may be specified in the order, including the power of review by itself, to any Committee appointed by it or to the General Manager or any other officer of the Jal Sansthan, such of its powers and duties under this Act as it may deem fit, not being its powers and duties under Sections 44 and 50.
(1) The Jal Sansthan may, with the previous approval of the State Government, create such posts of officers and other employees and with such designations as it considers necessary for the efficient performance of its functions.
(2) The appointments to the posts, referred to in sub-section (1) shall be made by the Jal Sansthan on such terms and conditions as it thinks fit :
Provided that the appointment on such posts as the State Government may, by rules framed under Section 27-A or by general or special order, specify shall be made and the terms and conditions of appointment on such posts shall be determined with the approval of the Government.
(3) Subject to general control and direction of the Chairman, the supervision and control over all employees of the Jal Sansthan shall be vested in th
(1) Notwithstanding anything contained in Section 27 or in any other provision of the Act, the State Government may at any time, by rules, provide for the creation of one or more services of such officers and servants as the State Government may deem fit common to Jal Sansthans or to the Jal Sansthans, Municipal Corporation and Corporations in the State and prescribe the method of recruitment and conditions of service of persons appointed to any such service.
(2) Where any such service is created, employee serving on the posts included in the service as well as officers and servants performing duties and functions of those posts may, if found suitable, be absorbed in the service, provisionally or finally, and the service of others shall be determined in the prescribed manner. .
(3) On the creation of such service it shall be lawful for t
(1) All proceedings of the Jal Sansthan shall be authenticated by the signature of the Chairman and all orders and other instruments of the Jal Sansthan shall be authenticated by the signature of the General Manager or such other officer of the Jal Sansthan as may be authorised in this behalf by regulations.
(2) The Jal Sansthan may invite any person to attend a meeting of the Jal Sansthan for the purpose of assisting or advising it on any matter, and the person so invited may take part in any proceedings of the Jal Sansthan but shall have no right to vote.
No act done or proceeding taken under this Act by the Jal Sansthan or a Committee appointed by the Jal Sansthan shall be invalidated merely on the ground of-
(a) any vacancy or defect in the constitution of the Jal Sans than or any Committee thereof; or
(b) any defect or irregularity in the appointment of a person acting as a member thereof; or
(c) any defect or irregularity to such act or proceeding, not affecting the substance.
Subject to the provisions of this Act, any dispute arising between the Jal Sansthan and the consumer shall be referred to the Nigam whose decision shall be final.
(1) As from June 18, 1975, the date of establishment of the Nigam hereinafter in this Chapter referred to as "the appointed date"-
(a) all properties and assets (including waterworks, buildings, laboratories, stores, vehicles, furnitures and other furnishing) which immediately before the appointed date were vested in the State Government for the purposes of the Local Self-Government Engineering Department shall vest in and stand transferred to the Nigam; and
(b) all the rights, liabilities and obligations of the State Government whether arising out of any contract or otherwise pertaining to the said departments shall be the rights, liabilities and obligations of the Nigam.
(2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government ma
Where any doubt or dispute arises as to whether any property or asset has vested in the Nigam under Section 31 or any rights, liabilities or obligations have become the rights, liabilities and obligations of the Nigam under that section, such doubt or dispute shall be referred to the State Government whose decision shall be final.
(1) Wherever a Jal Sansthan is constituted by the State Government under Section 18-
(a) all the existing water supply services, and where the Jal Sansthan undertakes the functions specified in clause (ii) of Section 24, all the existing sewerage services, sewage works and sewage farms, including, as the case may be, all plants, machineries, waterworks, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street, and all buildings, lands and other works, materials, stores and things appertaining thereto, belonging to or vested in every local body within the area of the Jal Sansthan;
(b) so much of the sub-soil appertaining to the said water mains and sewers as may be necessary for the purpose of enlarging, deepening, or otherwise repairing, or maintaining, any such water mains and sewers or any
All debts and obligations incurred, all contracts entered into, all matters and things engaged to be done by, with or for any local body before the said date in respect of any of the functions specified in Section 24 shall be deemed to have been incurred, entered into or engaged to be done, by, with or for the Jal Sansthan, and all suits or other legal proceedings instituted or which might but for vesting and transfer under subsection (1) of Section 33, have been instituted or defended by or against the local body, may be continued or instituted or defended by or against the Jal Sansthan.
If the Sate Government is of opinion that it is in the public interest that a Jal Sansthan and other local body having jurisdiction over contiguous areas should co-ordinate their activities in relation to water supply services, or sewerage services, or both, it may issue such directions to such Jal Sansthan and other local body concerned as it may think fit, and it shall be the duty of that Jal Sansthan and other local body to comply with such direction.
Where an agreement entered into between a Jal Sansthan or local body and the Nigam under Section 46 so provides, the Nigam shall, without prejudice to its right under Section 49, have further power to recover directly any arrears of water tax, sewerage tax and of any cost or fee relating to water supply and sewerage services due to the Jal Sansthan or local body in order to enable the Nigam to recover its dues.
(1) Save as otherwise provided in this section, every person, who was employed in the Local Self-Government Engineering Department of the State Government shall on and from the appointed date become employee of the Nigam and shall hold his. office or service therein by the same tenure, at the same remuneration and upon same other terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed date if this Act has not come into force, and shall continue to do so until his employment in the Nigam is terminated or until his remuneration or other terms and conditions of services are revised or altered by the Nigam under or in pursuance of any law or in accordance with any provision which for the time being governs his service:
Provided that nothing contained in this sub-section shall apply to any su
(1) Save as otherwise provided in this section, every person (excluding a member of a service created under 1[Section 27-A of this Act], Section 69-B of the U. P. Municipalities Act, 1916, and Section 112-A of the 2[Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959]) who was employed exclusively in connection with water supply or sewerage services or sewage works or sewage farms under a local body for the local areas of which a Jal Sansthan has been constituted shall, on and from the said date become an employee of the Jal Sansthan and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same other terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the said date if the aforesaid water supply and sewerage services, sewage works and sewage farms had not been transferred to and vested in the Jal Sansth
Every contract or assurance of property on behalf of the Nigam or a Jal Sansthan shall be in writing and executed by such authority and in such manner as may be provided by regulations.
(1) The Nigam shall have its own fund to be called the Nigam Fund, which shall be deemed to be a local fund and to which shall be credited all moneys received otherwise than by way of loans by or on behalf of the Nigam.
(2) The Nigam shall also have another fund to be called the Loan Fund, which shall also be deemed be a local fund and to which shall be credited all moneys received by or on behalf of the Nigam by way of loans.
(3) Without prejudice to the provisions of sub-sections (1) and (2), the Nigam may, with the previous approval of the State Government, constitute such other funds as may be necessary for the efficient performance of its functions under this Act.
Every Jal Sansthan shall have its own fund, which shall be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of the Jal Sansthan.
The Nigam shall not, as far as practicable and after taking credit for any grant or subvention from the State Government under Section 43 carryon its operation under this Act at a loss.
(1) The State Government may, after due appropriation by law of the State Legislature, from time to time, make grants and subventions to the Nigam for the purposes of this Act on such terms and conditions as the State Government may determine.
(2) The State Government shall not make any subventions and grants to any local body or Jal Sansthan for purposes of water supply and sewerage services except through the Nigam.
A Jal Sansthan shall, from time to time, so fix and adjust its rates of taxes and charges under this Act as to enable it to meet, as soon as feasible, the cost of its operations, maintenance and debt service and where practicable to achieve an economic return on fixed assets.
The State Government may, from time to time, advance loans to the Nigam on such terms and conditions, not inconsistent with provisions of this Act as the State Government and the Nigam may agree upon.
(1) Notwithstanding anything contained in any law for the time being in force under which any local body is constituted and except as otherwise provided in sub-section (5), the Nigam shall, with effect from the date of its establishment, be the only local authorised authority to borrow any sum of money for water supply and sewerage services:
Provided that a local body having jurisdiction over a local area not included within the jurisdiction of a Jal Sansthan may with the approval of the State Government, which shall consult the Nigam before giving such approval, borrow any sum of money or such services.
(2) Without prejudice to the provisions of sub-section (1), the Nigam may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as the State Government may
The Nigam and every Jal Sansthan shall create a depreciation reserve and make annual provision therefor in accordance with such principles as may be prescribed.
The State Government may guarantee the repayment of any loan and payment of interests on all loans made or transferred to the Nigam for the purposes of this Act.
(1) Where any Jal Sansthan or local body which is under a liability to the Nigam under any agreement makes any default in repayment of any loan or advance or any instalment thereof or otherwise to comply with the terms of the agreement with the Nigam, the Nigam may request the State Government for action under this section.
(2) The State Government on receiving a request from the Nigam under sub-section (1) may, after giving an opportunity of explanation to the Jal Sansthan or local body concerned, direct that the Nigam shall take over the management of the water supply or sewerage services or both, as the case may be, of that Jal Sansthan or local body and realise its dues through such management, and such order shall have effect for such period not exceeding three years as may be specified by the State Government:
Provided that the Sta
(1) The Nigam and a Jal Sansthan shall before the commencement of, and may at any time during a financial year, prepare a statement or a supplementary statement, as the case may be, of programme of its activities during that year as well as a financial estimate in respect thereof and the same shall be submitted in the case of Nigam to the State Government and in the case of Jal Sansthan to the Nigam in such manner, in such form and by such dates as the State Government may, by general or special order direct, for the previous approval of the State Government or the Nigam, as the case may be :
Provided that in the event of such previous approval not being received before the commencement of the financial year for which such financial statement has been submitted, the Nigam or the Jal Sansthan, as the case may be, shall be entitled to expend on all accounts up to an amount not exceed
(1) The Chairman and other members and employees of the Nigam, or, as the case may be, of the Jal Sansthan, shall be liable to surcharge for the loss, waste or misapplication of any money or property of the Nigam or the Jal Sansthan if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such Chairman, or other member or officer or employee.
(2) The procedure of surcharge shall be such as may be prescribed.
(3) Any amount found to be involved in such loss, waste or misapplication as a result of proceedings for surcharge shall be recoverable as arrears of land revenue.
(4) Nothing in sub-section (3) shall prevent the Nigam or the Jal Sansthan from deducting any amount referred to therein from any sum payable by the Nigam or the Jal Sansthan on
(1) For the purposes of this Act, a Jal Sansthan shall levy, on premises situated within its area-
(a) where the area is covered by the water supply services of Jal Sansthan, a water tax; and
(b) where the area is covered by the sewerage services of Jal Sansthan, a sewerage tax.
(2) The taxes mentioned in sub-section (1) 1[shall, in a local area other than a city, be levied] at such rate which in the case of water tax shall be not less than 6 per cent and not more than 14 per cent and in the case of sewerage tax shall be not less than 2 per cent and not more than 4 per cent of the assessed annual value of the premises as the Government may, from time to time, after considering the recommendation of the Nigam, by notification in the Gazette, declare.
(1) For the purposes of 1[sub-section (2) of Section 52], annual value means-
(a) in the case of railway stations, educational institutions (including their hostels and halls) factories (as defined in the Factories Act, 1948) and Commercial establishments (as defined in the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962), five per cent of the market-value of the premises;
(b) in the case of any other premises, the gross annual rent for which such premises are actually let or where the premises are not let, the gross annual rent for which the premises might reasonably be excepted to be let:
Provided that the annual value in the case of premises occupied by the owner himself shall be deemed to be twenty-five per cent less than the annual value otherwise determined under this sectio
(1) Any person aggrieved by an order of assessment made by a Jal Sansthan or any other agency under sub-section (2) of Section 53 may, within thirty days from the date of such order, prefer an appeal to the prescribed authority.
(2) Where an appeal is preferred from an order of the Jal Sansthan or any other agency under sub-section (1), the prescribed authority may stay the enforcement of that order for such period and on such terms as it deems fit.
(3) The prescribed authority may, after giving to the parties an opportunity of being heard, confirm, set aside or modify the order under appeal.
(4) A decision of the prescribed authority under sub-section (3) shall be final and binding on the parties.
The levy of taxes mentioned in Section 52 shall be subject to the following restrictions, namely-
(a) they shall not be levied on any land exclusively used for agricultural purposes unless water is supplied by the Jal Sansthan for such purposes to that land;
(b) the water tax shall not be levied on any premises-
1[(i) of which no part is situate within the radius prescribed from the nearest stand-post or other waterworks at which water is made available to the public by the Jal Sansthan; or
(ii) the annual value of which does not exceed rupees three hundred and sixty, and to which no water is supplied by the Jal Sansthan;]
(c) the sewerage tax shall not be levied on any premises-
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2[(1)] The taxes mentioned in Section 52 shall be recoverable-
(a) in the case of premises connected with water supply or, as the case may be, with the sewer of a Jal Sansthan, from the occupier of the premises;
(b) in the case of premises not so connected, from the owner of the premises.
3[Provided that, in the case covered by clause (a), where such premises is let to more occupiers than one or for any other sufficient reason recovery of tax from the occupier is found to be inexpedient, the Jal Sansthan may, at its option, levy the tax from the owner instead of from the occupier.
1[(2) An owner from whom tax is levied under the proviso to sub-section (1) may, in the absence of contract to the contrary, recover it from the occupier.]
For the purpose of assessing or collecting the two taxes, mentioned in Section 52, a Jal Sansthan may consolidate both taxes.
The provisions of Sections 178, 214, 215, 222, 223 and 226 of the 2[Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959] shall mutatis mutandis apply in relation to the taxes mentioned in Section 52, as they apply to the property taxes described in Section 173 of that Act, and references in the said provisions to the Mahapalika and the 3[Municipal Commissioner] shall be construed respectively as references to the Jal Sansthan and such officer of the Jal Sansthan as may be authorised by it in that behalf.
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2. Now "U.P. Municipal Corporations Act, 1959" by U.P. Act No. 12 of 1994.
3. Subs. by U. P. Act No. 16 of 2004, Section 2 (w.e.f. 21-11-2002).
(10) A Jal Sansthan shall, by notification in the Gazette, fix the cost of water to be supplied by it according to its volume, and also the minimum cost to be charged in respect of each connection.
(2) A Jal Sansthan may, in lieu of charging the cost of water according to volume, accept a fixed sum for a specified period on the basis of expected consumption of water during that period.
(1) A Jal Sansthan shall, by notification in the Gazette, fix the cost of disposal of waste water according to its volume (which shall be such percentage of the volume of total water supplied to the consumer as may be prescribed), and also the minimum cost to be charged in respect of such disposal.
(2) A Jal Sansthan may, in lieu of charging the cost of disposal of waste matter according to the basis stated in sub-section (1) accept a fixed sum for a specified period on the basis of expected disposal of waste water during that period.
A Jal Sansthan may provide water meters and charge such rent for the meter as may be provided in the bye-laws.
A Jal Sansthan may demand such sum as security from the consumer in connection with the supply of meter or for sewer connection as provided by bye-laws provided that the Jal Sansthan shall pay interest at such rate as the Nigam may, from time to time, determine, on any sum so deposited with it.
A Jal Sansthan may charge such fees for connection, disconnection, re-connection of any water supply or sewer or testing or supervision or for any other service rendered or work executed or supervised as may be provided by bye-laws.
(1) Any sum due to a Jal Sansthan on account of tax, fee, cost of water, cost of disposal of waste water, the meter-rent, penalty, damage or surcharge under this Act, shall be recoverable as arrears of land revenue.
(2) Nothing in sub-section (1) shall affect the power of a Jal Sansthan to cut off in accordance with its bye-laws, the connection of water supply in the event of non-payment by the consumer of any dues referred to in that sub-section.
`The supply of water for domestic purposes under this Act means supply for any purpose except the following, namely-
(a) for any trade, manufacture or business;
(b) for gardens or for purposes of irrigation;
(c) for building purposes including construction of streets;
(d) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purpose;
(e) for animals, where they are kept for sale or hire or for the sale of their produce;
(f) for the consumption and use at a restaurant or by inmates of a hotel, boarding house or residential club;
(g) for the consumption and use by persons resorting to
(1) A Jal Sansthan shall, on an application made in that behalf by the owner or occupier of any premises, grant supply of water for domestic purposes for-
(a) any premises situated within a distance of thirty metres from an existing main; or
(b) where the applicant undertakes to bear the cost of any extension which may be necessary beyond a distance of thirty metres for connecting the premises with the nearest existing main, any premises situated beyond such distance.
Explanation.-The Jal Sansthan shall bear the cost of extension only in respect of so much distance, not exceeding thirty metres, as is sufficient to connect the nearest existing main with the outer limit of the premises.
(2) Notwithstanding that the cost of any extension has been borne
No person shall, except in such circumstances or subject to such conditions as may be provided by bye-laws use or allow to be used water supplied for domestic purposes, for any other purpose.
(1) The Jal Sansthan may, at the request and expense of the owner or occupier of any factory (as defined in the Factories Act, 1948) or any shop or commercial establishment (as defined in the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962) provide and maintain fire hydrants together with all incidental works, for the supply of water in case of fire in such factory, shop or commercial establishment and in any such case charge from such owner or occupier the cost of water supplied in connection therewith.
(2) The Jal Sansthan shall provide and maintain fire hydrants together with all incidental works for the supply of water in case of fire, at all such other places as it may consider necessary, and supply water in connection therewith.
(1) The Jal Sansthan may provide a water meter and attach the same to the service pipe in premises connected with waterworks of the Jal Sansthan.
(2) The expenses of installation and the rent to be payable for the use of a meter shall be paid by the consumer.
(3) The provision of meters or the transfer of connection thereof and their use, maintenance and testing and the expense of installation and their rents and the furnishing of security, if any, in connection therewith shall be regulated by bye-laws made in that behalf.
(1) No person other than a plumber licensed by the Jal Sansthan (hereinafter referred to as a licensed plumber) shall execute any work in respect of a water connection not being a work of a trivial nature and no person shall permit any such work to be executed by a person other than a licensed plumber.
(2) When any work is executed in contravention of the provisions of subsection (1), such work shall be liable to be dismantled at the discretion of the Jal Sansthan.
(1) No owner or occupier of any premises to which water is supplied by the Jal Sansthan shall cause or suffer any water to be wasted, or cause or suffer the service pipe or any tap or other fitting or work connected therewith to remain out of repair so as to cause wastage of water.
(2) Whenever the Jal Sansthan has reason to believe that as a result of defect in a service pipe or tap or other fitting or work connected therewith water is being wasted, the Jal Sansthan may by written notice require the consumer to repair and make good the defect within such time as may be specified.
(3) If such repair is not carried out within the time specified the Jal Sansthan may, without prejudice to any action against the consumer under any other provision of this Act, cause such repair to be made, and the cost of such repairs shall be realised from t
(1) The Jal Sansthan may cut off the water supply from any premises-
(a) if any tax, fee, rental cost of water or any charge or other sum due under this Act, is not paid within a period of fifteen days after service of a bill for the same; or
(b) if after' the receipt of a written notice from the Jal Sansthan requiring him to refrain from so doing, the consumer continues to use the water or to permit the same to be used in contravention of the provisions of this Act or any rule or regulations or bye-laws made thereunder; or
(c) if the consumer damages or causes to be damaged the water meter or any connection pipe or ferrule; or
(d) if the consumer refuses to admit any officer or servant of a Jal Sansthan duly authorised in this behalf into the premi
(1) No person shall-
(a) wilfully obstruct any person acting under the authority of the Nigam or a Jal Sansthan in setting out the lines of any work or pull up or remove any pillar, post or stay fixed in the ground for the purpose of setting out the lines of such works, or deface or destroy any works made for the said purpose; or
(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Nigam or a Jal Sansthan; or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from any waterworks belonging to the Nigam or a Jal Sansthan or any water course by which any such water is supplied; or
(d) obstruct an
The owner or occupier of any premises shall be entitled to empty sewage of the premises into a sewer of a Jal Sansthan provided that, before doing so, he-
(a) obtains written permission of the Jal Sansthan and pays connection fee in accordance with the bye-laws; and
(b) complies with such other conditions as may be provided by bye-laws.
Where any premises are, in the opinion of a Jal Sansthan, without sufficient means of effectual disposal of sewage and the sewer of the Jal Sansthan is situated at a distance of fifty metres from any part of the premises, the Jal Sansthan may, by written notice, require the owner of the said premises to have sewer connection as provided by bye-laws.
No person shall without the permission of the Jal Sansthan, make or cause to be made any connection or communication with any sewer of the Jal Sansthan.
(1) No person shall, without the permission of the Jal Sansthan, construct any private street, building or other structure on any sewer of the Jal Sansthan.
(2) The provisions of Sections 327 and 333 of the 1[Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959], shall mutatis mutandis apply in relation to any construction in contravention of sub-section (1) with the substitution of references to the 2[Mukhya Nagar Adhikari] by references to such officer of the Jal Sansthan as it may, by a 'general or special order, specify in that behalf.
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1. Now "U. P. Municipal Corporations Act, 1959" by U. P. Act No. 12 of 1994.
2. Now "Municipal Commissioner", vide U. P. Act No. 16 of 2004, Section 2 (w.e.f. 21-11-2002)
A Jal Sansthan may, for the purposes of ventilating any sewer or cess-pool, whether vested in the Jal Sansthan or not, erect upon any premises or affix to the outside of any building, or to any tree, any shaft or pipes as may appear to it to be necessary.
(1) Where it appears to the Jal Sansthan that there are reasonable grounds for believing that a private sewer or cess-pool is in such condition as to be prejudicial to health or to be a nuisance or that a private sewer communicating directly or indirectly with a sewer of the Jal Sansthan is so defective as to admit sub-soil water or grit or other material, it may examine its condition and for that purpose may apply any test, not being a test by water under pressure, and if it deems it necessary, open the ground.
(2) (a) If on examination the sewer or cess-pool is found to be in proper condition, the Jal sansthan shall as soon as possible reinstate any ground which has been opened by it and determine and pay compensation for the damage caused by it.
(b) If on the other hand, the sewer or cess-pool so examined is found to be defective, the
No person shall-
(a) wilfully obstruct any person acting under the authority of the Jal Nigam or a Jal sansthan under this Chapter in setting out the lines of any works or pull up or remove any pillar, post or stay fixed in the ground for the purpose of setting out lines of such work or deface or destroy-any works made for the said purpose; or
(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, valve, pipe or other works or apparatus belonging to the Nigam or a Jal sansthan and pertaining to its functions under this Chapter; or
(c) unlawfully obstruct the flow of, or flush, draw off or divert or take sewage from any work belonging to the Nigam or a Jal sansthan; or
(d) obstruct any officer
(1) Any officer of the Nigam or a Jal sansthan authorised by it in that behalf may, with or without assistants, or workmen, enter into or upon any premises in order-
(a) to make any inspection, survey, measurement, valuation or inquiry;
(b) to take level;
(c) to dig or bore into the sub-soil;
(d) to set out boundaries and intended lines of work;
(e) to mark such levels, boundaries and lines by placing marks and cutting trenches; or .
(f) to do any other thing necessary for the purposes of this Act or any rule or regulation or bye-laws:
Provided that-
(i) no such entry int
(1) Any officer authorised by the Nigam or a Jal Sansthan in that behalf may have any' tank, pool, or well, cleaned or disinfected after notices to the owner or occupier, if any, when it appears that such cleaning or disinfection will prevent or check the spread of any dangerous disease.
(2) The cost of cleaning or disinfection referred to in sub-section (1) shall be recoverable from the owner or occupier of such tank, pool or well.
No Court shall take cognizance of any offence under this Act except on the complaint of the Nigam or a Jal Sansthan, as the case may be, made within six months next after the commission of the offence.
Whoever contravenes the provisions of this Act or of any rule or bye-laws made thereunder or fails to comply with any notice, order or requisition issued under this Act or any rule or bye-laws made thereunder, shall be punished with fine which may extend to one thousand rupees and with further fine which may extend to fifty rupees for every day on which such contravention or failure continues after the first conviction.
(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to the company, for the conduct of its business at the time of the commission of the offence 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 exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is a
(1) Where any person in the presence of any officer of the Nigam or a Jal Sansthan authorised by it by general or special order in that behalf has committed or has been accused of committing or who is reasonably suspected by such officer of committing any offence punishable under this Act refuses or fails on demand of such officer to give his name and address or gives a name or address which such officer has reason to believe to be false, he may be arrested by such officer without a warrant in order that his name or address or both may be ascertained.
(2) The provisions of sub-sections (2) and (3) of Section 42 and of Sections 43, 48, 56, 57, 58 and 59 of the Code of Criminal Procedure, 1973, shall mutatis mutandis apply in relation to any arrest made under sub-section (1) as they apply to an arrest made under sub-section (1) of Section 42 thereof.
(1) The Managing Director or the General Manager, as the case may be, or any other officer of the Nigam or a Jal Sansthan authorised by it by general or special order in that behalf may, either before or after institution of the proceedings, compound any offence punishable under this Act on such terms, including payment of composition fee, as he may think fit.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
It shall be the duty of all Police Officers and of employees of the local body within whose local area any offence punishable under this Act, is committed or attempted to be committed to give immediate information to the Jal Sansthan or to officers of the Jal Sansthan authorised in this behalf, of the commission of or, as the case may be, of the attempt to commit such offence and to assist all such officers in the exercise of their authority under this Act.
(1) In the discharge of its functions, the Nigam shall be guided by such directions on questions of policy as may be given to it by the State Government.
(2) If any question arises whether any matter is or is not a matter as respects which the State Government may issue a direction under sub-section (1), the decision of the State Government shall be final.
(1) The Nigam shall, as soon as may be after the end of each financial year, prepare and submit to the State Government before such date and in such form as the State Government may direct, a report 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 Nigam in the next financial year, and the State Government shall cause every such report to be laid before the State Legislature as soon as may be after it is received by the State Government.
(2) The Nigam shall furnish to the State Government at such times and in such form and manner as the State Government may direct such statistics and returns and such particulars in regard to any proposed or existing activities of the Nigam or any other matter under the control of the Nigam as the State Government may,
(1) In the discharge of its functions, a Jal Sansthan shall be guided by such directions on questions of policy as may be given to it by the Nigam.
(2) If any question arises whether any matter is or is not a matter as respects which the Nigam may issue a direction under sub-section (1), the decision of the State Government shall be final.
(1) A Jal Sansthan shall, as soon as may be after the end of each financial year, prepare and submit to the Nigam before such date and in such form as the Nigam may direct, a report 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 Jal Sansthan in the next financial year.
(2) A Jal Sansthan shall furnish to the Nigam at such times and in such form and manner as the Nigam may direct such statistics and returns and such particulars in regard to any proposed or existing activities of the Jal Sansthan or any other matter under the control of the Jal Sansthan as the Nigam may, from time to time, require.
(1) All local bodies shall render such help and assistance and furnish such information to the Nigam or a Jal Sansthan and shall make available for the inspection and examination of (and if necessary, preparation of copies from) such records, maps, plans and other documents, as it may require to discharge its function under this Act.
(2) Without prejudice to the provisions of sub-section (1), every local body shall on demand make available at cost certified copies or extracts from assessment lists and other relevant documents in connection with assessment of annual value of premises and levy of taxes, fees and charges.
(3) Without prejudice to other provisions of this Act and notwithstanding anything contained in any other law for the time being in force under which any local body is constituted, the State Government may give to any loca
In any case not otherwise expressly provided for in this Act the Nigam or a Jal Sansthan may pay reasonable compensation to any person who sustains damage by reason of the exercise of any power vested by or under this Act in the Nigam or a Jal Sansthan.
No suit, prosecution or other legal proceedings shall lie against the State Government, the Nigam or a Jal Sansthan or a Chairman or other member of the Nigam or a Jal Sansthan or any officer or servant of the State Government or of the Nigam or a Jal Sansthan for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rule, regulation or bye-laws made thereunder.
(1) The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.
(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 powers of the auditor under sub-section (3) of Section 50;
(b) the procedure, in respect of surcharge under Section 51 including the provision of appeal, if any, in respect thereof;
(c) the procedure that may be followed by a Jal Sansthan or any other agency for assessment of the annual value under sub-section (3) of Section 53 including the authentication and custody of assessment lists, the revision and duration of such lists, the amendment and alteration of such lists, and
(1) The Nigam and a Jal Sansthan may, with the previous approval of the State Government make regulations, not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Nigam or a Jal Sansthan.
(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 Nigam or a Jal Sansthan, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of persons necessary to form a quorum thereat;
(b) the powers and duties of the employees of the Nigam or a Jal Sansthan;
(c) the salaries and allowances and other condition
The Nigam or a Jal Sansthan may, with the previous approval of the State Government, make bye-laws consistent with this Act and the rules made thereunder, for carrying out the purposes of this Act in respect of any matter affecting the general public, and without prejudice to the generality of this power, such bye-laws may provide for-
(a) the terms and conditions for supply of water for domestic or other purposes;
(b) the installation of meters or the transfer of their connection, and their use, maintenance, testing, disconnection and reconnection, the fees, the rent and other charges in respect thereof including the furnishing of security by the consumer and matters connected therewith;
(c) the fee to be paid for connection with a sewer of the Nigam or a Jal Sansthan and other terms and cond
(1) Any water tax or sewerage tax by whatever name called, imposed by the local body concerned in respect of any local area for which a Jal Sansthan has been constituted under Section 18 before the date of such constitution, hereinafter called the said date and any notification, notice, order, direction, rule, bye-laws or form in relation to such tax or to the provision of water supply or sewerage services immediately before the said date including any assessment or order, or order for exemption or connection, disconnection or reconnection made or granted, penalty imposed in respect of the owner or occupier of any premises, or any licence issued to a plumber, or any order made in connection therewith, under any provision of law applicable to the local body having jurisdiction over such area, and in force immediately before the said date shall continue in force until other provision or order is made or other proceedings or act
Except as provided in Section 99, on and from the day on which a Jal Sansthan is constituted comprising -
(a) any city as defined in the 3[Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959] (U. P. Act No. II of 1959)-Sections 114 and 115 and Chapters X, XI, XIX, XXIII and XXV of that Act;
(b) any Municipality as defined in the U.P. Municipalities Act, 1916 (U. P. Act No. II of 1916)-Sections 7 and 8 and Chapters V, VII and IX of that Act;
(c) any Town Areas as defined in the 4[United Provinces Town Areas Act, 1914 (U. P. Act No. II of 1914)]-Sections 3, 14 and 25 and Chapters V and VI of that Act;
(d) any 1[Notified Area] as defined in the United Provinces Municipalities Act, 1916 (U. P. Act No. II of 1916)-The provisions of that Act referred to in cl
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where the State Government is satisfied that it is expedient in the public interest so to do, it may, by notification, dissolve a Jal Sansthan constituted under this Act with effect from such date as may be specified in the notification.
(2) On and from the date a Jal Sansthan is dissolved under sub-section (1)-
(a) all properties and assets vested in and all dues recoverable by the Jal Sansthan shall vest in, and may be realised by such local body as exercised jurisdiction in the local area immediately before the constitution of such Jal Sansthan hereinafter referred to as the local body;
(b) all rights, liabilities and obligations of the Jal Sansthan, whether arising out of any contract or oth
(1) Notwithstanding anything contained in the provisions of the enactments referred to in Section 100, every local body having water supply or sewerage services or both shall have a separate fund to be called the "Water Supply and Sewerage Fund" which shall be deemed to be a local fund and to which shall be credited all moneys received by such local body for development, operation, maintenance and management of such services and also all revenues received in connection with the rendering of the aforesaid services.
(2) The moneys credited to the aforesaid fund shall be applied exclusively for the purpose of water supply or sewerage services or both, as the case may be.
(1) The State Government may for the purpose of removing any difficulty, particularly in relation to the transition from the provisions of the enactments referred to in Section 100 to the provisions of this Act by order, direct that the said enactments shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, not affecting the substance as it may deem to be necessary or expedient:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under sub-section (1) shall be laid before both Houses of the State Legislature.
(1) The Uttar Pradesh Water Supply and Sewerage (Second) Ordinance, 1975 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act had come into force on May 20, 1975 (U. P. Ordinance No. 10 of 1975).
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