ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD ACT, 1985
Whereas it is expedient to provide for the establishment of an Urban Water Supply and Sewerage Board for the development, maintenance and regulation of the water supply, sewerage facilities in the urban areas of the State of Assam and for matters connected therewith;Be it enacted by the Assam State Legislature in the Thirty-sixth Year of the Republic of India as follows:
(1) This Act may be called the Assam Urban Water Supply and Sewerage Board Act, 1985.(2) It shall extend to all urban areas in Assam but excluding the cantonment areas.(3) It shall come into force on such date or dates as the State Government may, by notification, appoint and different dates any be appointed for different areas.
In this Act, unless the context otherwise requires—(1) ‘Appointed day’ in relation to any local area means the date of notification relating to that local area under S. 18 ;(2) ‘Board’ means the Assam Urban Water Supply and Sewerage Board, constituted under S. 4;(3) ‘Bye-laws’ means bye-laws made under this Act;(4) ‘Chairman’ means the Chairman of the Board;(5) ‘Committee’ means any committee appointed under S. 13;(6) ‘ Catchment areas’ means all land through or under which any water flows, runs or percolates directly or indirectly into any reservoir erected or used by the Board in connection with water supply or drainage ;(7) ‘Cess pool’ includes a settlement tank or other tank for the reception of disposal of fluid foul matter from any premises ;(8) ‘Director’ means the Director of the Board and includes the Chairman and the Man
(i) The State Government shall, by notification in the official Gazette and with effect from a date to be specified herein, constitute a Board to be called ‘The Assam Urban Water Supply and Sewerage Board’. The duty of carrying out the provisions of this Act shall, subject to the restriction, conditions and limitations, therein contained, be vested in the said Board.(ii) The Board shall be a body corporate by the said name having perpetual succession and a common seal and shall have power to acquire, hold or dispose of property.(iii) The Board shall for the purpose of this Act be deemed to be a local authority.(iv) The Board shall have its head office at Guwahati and may have offices at such other places as it may consider necessary.(v) The conduct of business of the Board shall be regulated by such rules as may be framed by the Government from time to time.
(1) (a) The Board shall consist of a Chairman, who shall be the Minister in-charge of the Department.(b) There shall be a Vice-Chairman with the status of a Director to be appointed by the State Government, besides the Director specified under sub-S. (2).(2) The Directors other than the Chairman and the Vice-Chairman shall be as follows, namely:(a) A Managing Director to be appointed by the State Government.(b) Secretary to the Government of Assam, Municipal Administration Department (ex-officio).(c) Secretary to the Government of Assam, Finance Department (ex-officio).(d) Director, Municipal Administration, Assam (ex-officio).(e) Town Planner, Government of Assam (ex-officio).(f) Chief Public Health Engineer, Assam (ex-officio).(g) Chief Engineer, P. W. D. (Roads) (ex-officio).(h) Commissioner, Guwahati Munici
(1) All Directors including the Vice-Chairman and Managing Director shall hold office during the pleasure of the Government.(2) The Managing Director of the Board shall hold office for three years unless his term is determined earlier by State Government by notification in the official Gazette, and shall be eligible for re-appointment.(3) The person appointed a Director under Cls. (i), (j), (k), (1), (m) and (n) of sub-S. (2) of S. 4 shall, unless his term is determined earlier by State Government, hold office for a period of 3’ 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 re-appointment.(4) Any Director may, by writing addressed to the Government, resign his office and such resignation takes effect when accepted by the Government.(5) The conditions of the service of the Dire
(1) A person shall be disqualified for being appointed as, and for being a Director of the Board, if he—(a) has been sentenced for any offence involving moral turpitude, such sentence not having been reversed;(b) is an undischarged insolvent;(c) is of unsound mind;(d) is an officer or servant of the Board;(e) has directly or indirectly, by himself or by any partner, employer or employee, any share or interest in any contract or employment with, by or on behalf of, the Board;(f) is a Director or a Secretary, Manager or other Officer of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of the Board.(2) A person shall not be disqualified under Cl. (e) or Cl. (f) of sub-S. (1) or be deemed to have any share or interest in any contract or employment within the meaning of those clauses, b
(1) If at any time it appears to the Government that the Vice-Chairman has shown himself to be unsuitable for his office, or has been guilty of any misconduct or neglect which renders his removal expedient, it shall by notification remove him from office after giving him a reasonable opportunity of showing cause.(2) The Government may, by notification, remove any non-official Director from office after giving him a reasonable opportunity of showing cause—(a) if he has, without the permission of the Board, been absent in three consecutive meetings reckoned from the date of the commencement of his term of office, or of the last meeting which he attended, as the case may be;(b) if he, being a legal practitioner, acts or appears on behalf of any person other than the Board in any civil, criminal or other legal proceedings in which the Board is interested, either as a party or otherwi
The Board may appoint a Secretary, a Chief Engineer, an Accounts Officer and such other officers and employees as it considers necessary for the efficient performance of its functions:Provided that the appointment of the Secretary, Chief Engineer and the Chief Accounts Officer shall be made with the previous approval of the Government;Provided further that in case of emergency—(a) the Managing Director may appoint, temporarily for a period not exceeding three months, such officers or employees as may, in his opinion, be required for the purpose of this Act, and the employment of whom for any particular work had not been prohibited by any resolution of the Board; and(b) every appointment made under Cl. (a) shall be reported by the Managing Director to the Board at the next meeting.
(1) The Board shall prepare and maintain a schedule of establishment showing the number, designation and grades of the officers and employees (other than die employees who are paid by the day or whose pay is charged to temporary works), whom it considers necessary and proper to employ for the purpose of this Act, and also the amount of the nature of the salary, fees and allowances to be paid to each such officer or employee.(2) The schedule referred to in sub-S. (1) shall be revised every year before the first May of that year and shall contain the particulars mentioned in that sub-section of the officers and employees of the Board, employed on the 31st March immediately preceding.
Subject to such regulations as may be framed by the Board, the Managing Director shall exercise supervision and control over the acts and proceedings of all the officers and employees of the Board.
(1) The Board shall meet at such times and places and shall, subject to the provisions of sub-Ss. (2) and (3) observe such rules of pro#31;cedure in regard to transaction of business at its meeting including the quorum at meetings as may be prescribed by regulations :Provided that the Board shall meet at least once in three months.(2) The Chairman or in his absence the Vice-Chairman or in absence of both, any other Director, elected by simple majority votes of the Directors present and voting, shall preside at a meeting of the Board.(3) All questions at any meetings of the Board shall be decided by a majority of the votes of the Directors present and voting and in the case of an equality of votes the Chairman, Vice-Chairman or in their absence the elected Chairman presiding, shall have and exercise a second or casting vote.
(1) The Board may associate with itself in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in performing any of its functions under this Act:Provided that the number of persons so associated shall not be more than four.(2) The Board may invite any person to offer his views on any subject discussed at any meeting of the Board.(3) A person associated with the Board under sub-S. (1) or invited for any discussion under sub-S. (2) for any purposes shall have the right to take part in the discussions of the Board relevant to that purpose, but shall not have the right to vote at a meeting of the Board.
(1) The Board may, from time to time, appoint committees consisting of such number of persons as it may think fit, for the purpose of discharging such duties or performing such functions and on such terms and conditions as may be prescribed by regulations.(2) The Chairman, the Vice-Chairman or such other Director as the Chairman may nominate in this behalf shall be the president of the committee and the committee shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed by regulations.(3) All proceedings of the committee shall be subject to confirmation by the Board.
No act done or proceedings taken under this Act by the Board or any committee shall be in#31;validated merely on the ground—(a) of any vacancy or defect in the constitution of the Board or the committee; or(b) of any defect or irregularity in the appointment of a person acting as a Director thereof; or(c) of any defect or irregularity in such act or proceeding not affecting the merits of the case.
The functions of the Board shall be the following namely:(1) The promotion and operation of schemes for—(i) Supply of water;(ii) Sewerage;(iii) Sewage treatment and its disposal;(iv) Storm water drainage.(2) Functions connected with or incidental to the functions mentioned in Cl. (1);(3) any other functions entrusted to the Board by the State Government or a Local Authority:Provided that the Board shall perform only such of the above functions as are notified from time to time in the official Gazette.
(1) The Board shall, subject to the provisions of this Act, have power to do such things which may be necessary or expedient for performing the functions under this Act.(2) Without prejudice to the generality of the foregoing provision, such power shall include the power—(i) to take over all the existing responsibilities, powers, controls, facilities, services and administration within the urban areas to which this Act applies, from the local bodies having jurisdiction over such areas relating to water supply, sewerage and sewage disposal and to manage them so as to provide the people of those areas wholesome water, efficient sewerage and storm drainage services;(ii) to extend, and develop the existing facilities and to provide, maintain and operate facilities for supply of water and for providing sewerage and storm drainage services in urban areas in consultation with the local
(1) The Board may undertake the execution or further execution of any scheme or work of water supply, sewerage and storm drainage on behalf of any local body, Central or State Government Departments, Statutory bodies, Public or Private under#31;takings etc., whose water supply, sewerage and storm drainage services have not vested in and stood transferred to the Board under sub-S. (1) of S. 18 on such terms and conditions as may be agreed upon between such other party and the Board.(2) The Board for the purpose of removing any difficulty particularly in relation to the provisions of the Act or any difficulty in respect of proper functioning of the Board may approach the State Government from time to time for such help as deemed necessary for removal of difficulties and difference.
(1) The State Government may, for public purposes by notification in the official Gazette, declare in respect of any urban area that as from a date to be specified therein—(i) all the existing water supply and sewerage services, sewage works and sewage farms, including all plants, machineries, water works, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street, and all buildings and other works, materials, stores and things appertaining thereto, belonging to or vested in any local body and/ or under execution and/or maintenance by the State Public Health Engineering Organisation for and on behalf of the local body concerned;(ii) 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/or any pipes and othe
All debts and obligations incurred, all contracts entered into, all matters and things engaged to be done by, with or for any urban local body in respect of any of the functions specified in S. 15 before the appointed day, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Board, and all suits or other legal proceedings instituted or which might, but for the issue of the notification under sub-S. (1) of S. 18 have been instituted by or against the urban local body or Public Health Engineering Organisation, may be continued or instituted by or against the Board.
All the assets and liabilities of the Public Health Engineering Organisation of the State Government and of the Urban Local Bodies in relation to any urban area, except the assets and liabilities which the Government may, by general or special order, specify in this behalf shall, subject to such directions as they may specify in such order, vest in the Board.
(1) The State Government may transfer to the Board any building, land or other property movable or immovable, for the use of, and management by the Board on such conditions and subject to such limitations as may be imposed by the Government.(2) If any question arises as to the grant of compensation to the urban local bodies consequent upon the taking over of their existing water supply, sewerage services, sewage work and sewage farms under S. 18 then an amount not exceeding rupee one shall be payable.
(1) Save as otherwise provided in S. 8, persons who were either employed in the Public Health Engineering Organisation of Government of Assam or under a local body, exclusively hi connection with urban water supply or sewerage services or sewage works or sewage farms shall, from the appointed day (hereinafter in this section referred to as the said date), be transferred to the Board and they shall hold their offices or services therein by the same terms at the same remunera#31;tion, and upon the same other terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as they would have held the same on the said day if this Act had not come into force or, as the case may be, the aforesaid water supply and sewerage service, sewage works and sewage farms had not been transferred to and vested in the Board, and shall continue to do so until their employ#31;ment in the Boar
(1) Every contract or assurance of property on behalf of the Board shall be in writing and executed by such authority and in such manner as may be determined by the Board.(2) Notwithstanding anything contained hi the Indian Registration Act, 1908 (Act XIV of 1908) it shall not be necessary for the Secretary or any other officer of the Board authorised to execute on behalf of the Board any agreement or other instrument to appear in person or by agent at any registration office in any proceedings connected with the registration of any such agreement or instrument or to sign as provided in S. 58 of that Act:Provided that the Registering Officer to whom such instrument is presented may, if he thinks fit, refer to the Secretary or such other officer for information regarding the same and shall on being satisfied of the execution thereof, register the instrument.
(1) The Board 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 Board.(2) The Budgetary provisions hitherto being made in the State Budget in the Public Health Engineering Organisation, Urban Development Department such as Municipal Administration Department and Town and Country Planning Department for construction and maintenance of urban water supply, sewerage and drainage, shall continue to be provided in the budget for the current financial year and the amounts ofthese provisions as may be considered necessary by the State Government shall be transferred to the Board’s fund on such terms and conditions as may be decided by the State Government.(3) The expenditure on the Board will be debited to a new sub-head of Account ‘Water Supply and Sewerage Board’ to be opened under ‘284 Urban Devel
(1) Save as where in the opinion of the Board circumstances of extreme urgency have arisen, no sum exceeding five lakhs of rupees on account of recurring expenditure or exceeding fifteen lakhs of rupees on account of non-recurring expenditure shall be spent by the Board in any financial year unless such sum has been included in a statement submitted under sub-S.(l)ofS.39.(2) Where any such sum is spent in circumstances of extreme urgency a report thereon, indicating the source from which it is proposed to meet the expenditure shall be made as soon as practicable to the Government.
(1) The Board shall, as far as practicable, carry on its operations under this Act on sound commercial principles, or ‘No-profit no-loss basis’ and shall adjust its rates of charges accordingly:Provided that where necessary any amount due for meeting the operating, maintenance and management expenses of the Board for purposes of Cls. (i) and (ii) of S. 32 may, to such extent as may be sanctioned by the State Government, be paid out of the Board’s fund.(2) The taxes, fees and charges authorised to be imposed under this Act shall be sufficient to enable the Board to cover the following:(i) operating expenses;(ii) maintenance;(iii) taxes payable by the Board;(iv) depreciation;(v) interest repayment;(vi) amounts required for the repayment of long term loan to the extent that such repayments shall exceed the provision for depreciation
The State Government may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions as the State Government may determine.
The State Government may from time to time advance loans to the Board on such terms and conditions not inconsistent with the provisions of this Act as the State Government may determine.
Subject to the provisions of this Act and the rules made thereunder and subject to such conditions as may be specified by the Government by a general or special order issued in this behalf, the Board may, from time to time, borrow money required for the purposes of this Act in any one or more of the manners specified below, under Local Authorities Loans Act, 1914 (Central Act IX of 1914)—(i) raising of loans from Bank or other financial institutions or the Life Insurance Corporation established under S. 3 of the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956); or(ii) raising loans from any Corporation owned or controlled by the Central or State Government; or(iii) raising loans from the public by issue of bonds, or debentures or stocks or otherwise in the form and manner approved by the Government.
The Government may guarantee in such manner as they think fit, the payment of the principal and interest of any loan proposed to be raised by the Board in regard to the investigation, preparation or execution of schemes made under this Act.
(1) Whenever money is borrowed by the Board on debentures, the debentures shall be in such form as the Board may, with the previous sanction of the State Government specify.(2) All debentures shall be signed by the Managing Director or Secretary or by any one of the official Directors of the Board.(3) The holder of any debenture in any form specified under sub-S. (1) may obtain in exchange therefor a debenture in any other form specified in the manner provided in sub-S. (1) and upon such terms as the Board may determine.(4) Every debenture issued by the Board shall be transferable by endorsement, unless some other mode of transfer is specified therein.(5) All coupons attached to the debentures issued by the Board shall bear the signature of the Managing Director and such signature may be engraved, lithographed or impressed by any mechanical process.
The revenue of the Board shall, after meeting the operating, maintenance and management expenses, be applied as far as they are available, in the following order, namely :(i) the repayment of principal and interest on bonds in respect of which no guarantee has been given by the State Government; (ii) the repayment of principal and interest on stock not so guaranteed; (iii) credits to depreciation reserve under S. 33 ; (iv) the repayment of principal and interest on bonds guaranteed by the State Government; (v) the repayment of principal and interest on stock so guaranteed;(vi) the repayment of principal and interest on sums paid by the State Government under guarantee;(vii) the repayment of principal and interest on loans advanced to the Board under S. 28, including arrears of such interest;(viii) the written down amounts paid fro
(1) The Board shall create a depreciation reserve and as far as in compliance with the provisions of S. 32 makes it practicable, shall at the end of every financial year, credit to such reserve from its revenue, such amounts in respect of each of its assets as would, if made annually throughout the period relative to that asset specified in the schedule and accumulated at compound interest at the rate of four per cent per annum, produced by the end of the said period an amount equal to ninety five per cent of the original cost of that asset.(2) The amount to be credited every year to the depreciation reserve shall consist of the deposit under sub-S. (1) plus interest on the accumulated balance in the reserve.(3) The contribution in respect of any asset to the depreciation reserve under this section shall cease at the end of the said period or where the asset ceases to be used by the Board,
(1) The Chairman shall at a special meeting held in the month of February in each year, lay before the Board an estimate of the income and expenditure of the Board for the next financial year.(2) Every such estimate shall make provision for the due fulfilment of all the liabilities of the Board, and for the efficient administration of the Act.(3) Every such estimate shall differentiate capital and revenue funds and shall be prepared in such forms and shall contain such details as the Board may, from time to time, specify.(4) Every such estimate shall be compiled and a copy thereof sent by post or otherwise, to each Director at least 10 clear days before the date of the meeting at which the estimate is to be laid before the Board.(5) A revised estimate, if any, including all the expenditure not covered in the original budget estimate shall be laid before the Board at a s
(1) Every such estimate, as sanctioned by the Board, shall be submitted to the State Government who may, at any time within three months after receipt of the same—(i) approve the estimate; or(ii) disallow the estimate or any portion thereof, and return the estimate to the Board for amendment.(2) If any estimate is so returned to the Board, it shall forth with proceed to amend it and re-submit the estimate as amended to the State Government who may then approve it.
(1) The Board may, at any time, during the year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and laid before it at a special meeting.(2) The provisions of sub-Ss. (3), (4) and (6) of S. 34 and of S. 35 shall apply to every supplementary estimate.
Every loan taken by the Board shall be repaid by the Board within the period agreed upon by the Board by such of the following methods as may be approved by the State Government, namely:(i) by payment from a sinking fund established under S. 3 8 in respect of the loan;(ii) by payment in equal yearly or half-yearly installments of principal or of principal and interest, throughout the said period;(iii) by payment from money borrowed for the purpose ;(iv) by payment partly from the sinking fund established under S. 38 in respect of the loan and partly from money borrowed for the purpose; or(v) by payment from any other source, with the prior permission of the State Government.
The Board may constitute a sinking fund, a depreciation reserve fund, a development fund in such manner and in such form as may be prescribed by rules or bye-laws. The moneys of such funds shall be invested in such manner as may be determined by the Board with the approval of the Government.
(1) The Board shall, as soon as may be after the end of each year, prepare and submit to the State Government before such date and in such form as may be prescribed, a report giving an account of its activities during the previous 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 year, and the Govern#31;ment shall cause every such report to be laid before the State Legislature as soon as may be after it is received by the Government.(2) The Board shall furnish to the Government at such times and in such form and manner as may be prescribed or as the State Government may direct, such statistics and returns and such particulars in regard to any proposed or existing schemes as the Gov#31;ernment may from time to time require.
(1) The accounts of the Board shall be maintained in such manner and in such form as may be prescribed.(2) The, accounts of the Board shall be audited either by the Examiner of Local Accounts or by such audit authority as the State Government may direct.(3) The auditor shall, in connection with such audit, have such rights, privileges and authority as may be prescribed and in particular, die right to demand the produc#31;tion of books, accounts, connected vouchers and other documents and to inspect any of the offices of the Board.(4) The Secretary shall cause the report of the auditor to be printed and forward a printed copy thereof to each Director and shall bring such report before the Board for consideration at its next meeting.(5) The Board shall remedy forthwith, any defects or irregularities that may be pointed out by the auditor and submit a report thereon to the
The Board shall pay to the said auditor such remuneration as the Government may direct.
The accounts of the Board as certified by the auditor, together with the audit report thereon, shall be forwarded annually to the Government and the Government may issue such instructions to the Board in respect thereof as they deem fit and the Board shall comply with such instructions.
If, in the opinion of the Board, any amount under a contract or otherwise, is considered irrecoverable, the Board may refer the matter recommending writing off such amount to the State Government. If the State Government, after going through the papers and the recommendations so made by the Board, is of the opinion that such amount cannot be recovered, it may approve the writing off of such amount.
(1) In addition to the charges and fees authorised elsewhere in this Act, the Board may impose any one or more of the following charges and taxes, namely:(a) a water charge based on consumption, subject to a minimum charge, which may be at different rates for water supplied for different purposes, such as domestic, industrial and other purposes;(b) a surcharge on water charge for sewerage;(c) a graduated tax, which may be at rates different for different areas, on the annual valuation of all lands and buildings within the urban area which shall not exceed—(i) 5 per cent on the annual valuation where the annual valuation does not exceed one thousand rupees;(ii) 7’/2 per cent on the annual valuation, where the annual valuation exceeds one thousand rupees, but does not exceed five thousand rupees;(iii) 10 per cent on the annual valuation, where the annu
(1) For the purpose of assessment of tax referred to in sub-S. (1) of S. 44, the annual value shall be,—(a) in respect of any land or building lying within the jurisdiction of a Municipal Corporation, or Municipal Board or Town Committee, the annual value as assessed by or for such Corporation, Municipality or Town Committee and prevailing for the time being; and(b) in respect of any other land or building, the gross annual rent at which the land or building might at the time of assessment be reasonably expected to let from year to year, less, in the case of a building, an allowance of ten per cent for the cost of repairs and-for all other expenses necessary to maintain the building in a State to command such gross rent.(2) If the gross annual rent under Cl. (b) of sub-S. (1) of any land or building not ordinarily let cannot be easily estimated, then—(i) in the case of
The annual value under Cl. (b) of sub-S. (1) of S. 45 shall be determined by the Managing Director or such other officer or officers authorised by him in this behalf, in such manner as may be prescribed. Such determination of annual value shall be final subject to appeal a hereunder provided.
All street hydrants including fire hydrants, if any, within the jurisdiction of any local or public authority and all places of public resort under the control of such local or public authority shall be supplied with water charges for which shall be payable by the local or public authority, as the case may be, such charges as shall be determined in the manner laid down in S. 48.
(1)For calculating the amount payable by the owner of any premises for consumption of water, the Board may deter#31;mine the quantity consumed on the basis of readings recorded by a meter attached to the premises.(2) Until meters can be attached to any premises, the Board may, in such manner as may be provided by regulations, determine the average consumption of water supply, the number and size of water taps and the size of ferrules, if any, used in the premises, and may determine the amount payable on the basis of such average con#31;sumption.(3) For calculating the amount payable by a local or public authority for consumption of water—(i) in any place of public resort, the quantity of water consumed may be determined in the manner specified in sub-Ss. (1) and (2), and(ii) through street hydrants and fire hydrants within its jurisdiction, the quantity of water consume
If the owner of any premises having independent source of water supply is allowed by the Board to take sewerage service only, he shall be liable to pay for such service such amount as would be payable as surcharge calculated on the basis of water consumed from his indepen#31;dent source, the same being deemed to be water supplied by the Board. The quantity of water so consumed shall be determined by the authority by affixing meters for such periods and at such places as it may deem proper:Provided that no such amount shall be payable by the owner of any premises, solely used for residential purpose, having not more than one tube well of diameter not exceeding four centimeters or one ring-well as independent source of water supply, if specially exempted by the Board.
The readings of meters indicat#31;ing the quantity of consumption of water shall be presumed to be correct unless the contrary is proved.
(1) Subject to the previous approval of the State Government, the Board may require a local authority to perform specified functions on behalf of the Board in connection with the collection of taxes, charges, surcharges or fees imposed under this Act.(2) The manner in which such functions shall be performed, the procedure to be followed in connection therewith, the manner by which the local authority shall account to the Board, the time and manner of payment to the Board of the amounts collected, and the provision of credits or allowances, if any, to the local authority to cover its administrative costs shall be such as may be prescribed.(3) For the purpose of facilitating and enforcing collections by the local auth#31;ority under this section, the Board or the Managing Director, as the case may be, may delegate to the local authority or any of its officers all or any of the powers granted
(1) The Board shall by regulations specify the time, place and manner of payment of the taxes, fees, charges and surcharges payable under this Act.(2) Interest at 6 per cent per annum shall be payable on all taxes, fees, charges and surcharges remaining unpaid after due dates.(3) The taxes, fees, charges and surcharges due from any person in respect of any premises on account of supply of water and other services rendered by the Board together with interest, if any, payable thereon shall, subject to the prior payment of land-revenue, if any, due to the Government thereon and of Municipal rates, if any, due to any Municipal Corporation, Municipal Board or Town Committee, as the case may be, be a first charge on the land and buildings comprised in the premises, and upon the movable property, if any, found within such premises and belonging to the said person.(4) (i) If any local or
(1) The Board shall provide supply of water throughout the urban area for domestic, commercial, industrial, recreational and other private or public purposes in accordance with such public health standards as may be prescribed, and the Board may regulate the hours, quantity and pressure of such supply.(2) The supply of water under sub-S. (1) shall include supply, free of charge, of water for domestic purposes through public stand-posts for which the Board may erect such stand posts at such convenient places as it may consider necessary. The Board shall also, until such time as it may consider necessary, continue to maintain the existing hand-operated public tube-wells belonging to a local body and vested in it under S. 18.(3) The Board shall not be liable to pay any penalty or damages for failure to supply water either due to accident or other unavoidable cause or due to necessary repairs,
All connections of premises, street hydrants including fire hydrants and places of public resort to the mains of the Board for the supply of water therein and all pipes, taps, and other fittings used for such supply shall be made, maintained and regulated in accordance with, and sub#31;ject to such regulations as may be made. The Board may charge such connection and re-connection fees as may be provided by regulations.
When any premises are without supply of water the Managing Director may by written notice require the owner of such premises to obtain such supply and for that purpose provide at the cost of such owner such pipes, hydrants, stand-posts and other fittings and execute such other works as the Managing Director may decide:Provided that—(a) the cost of executing the said works beyond seventy meters from the premises shall be paid out of the fund of the Board; and(b) if the Managing Director is satisfied that the owner is unable to bear the whole or any part of the cost of even such portion of the said works as is within seventy meters from the premises, he may, with the approval of the Board, direct that the whole or such part of the cost be paid from the fund of the Board.
No person shall use water except as authorised by this Act or regulations made thereunder.
(1) No owner or occupier of any premises for which water is supplied by the Board shall negligently or otherwise suffer such water to be wasted or shall suffer pipes, taps, works and fittings for the supply of water to remain out of repair so as to cause wastage of water.(2) No person shall cause wastage of water by the misuse of public stand-posts, pipes, drinking fountains or hydrants.
(1) Whenever the Managing Director has reason to believe that as a result of defects in pipes, taps or fittings connected with water-supply, the water supply to any premises is being wasted, he may, by written notice, require the owner of the premises, within such period as may be specified in the notice, to repair and make good the defects.(2) If the repairs are not affected within the time specified in the said notice the Managing Director may cause such repairs to be made in order to stop wastage. The cost of such repairs shall be recovered from the owner of the premises as an arrear of water charge.
No tube-well shall be sunk in any urban area except in accordance with such regulations as may be made and without obtaining previous permission of the Managing Director in writing. The Managing Director may grant such permission subject to such further conditions as he may deem fit or may refuse to grant permission.
(1) Notwithstanding anything contained in this Chapter, the Managing Director may cut off the connection between any water works of the Board and any premises to which water is supplied from such works or may turn off such supply, in any of the following cases, namely,(a) if the premises are unoccupied;(b) if after receipt of written notice from the Managing Director requiring him to refrain from so doing, the owner or occupier of the premises continues to use water or to permit the same to be used in contravention of this Act or any regulation made thereunder;(c) if the owner or occupier refuses to admit any officer or employee of the Board duly authorised in that behalf into the premises for the purpose of making any inspection relating to water supply, or prevents such officer or employee from making inspection;(d) if the owner or occupier of the premises wilfully or
When it is necessary to bring water into the urban area from any place outside it, the Board may, if required, construct dams, reservoirs or other facilities outside the urban area, and may lay pipes or construct aqueducts and in so doing may exercise, throughout the line of country outside the urban area through which such pipes or aqueducts are to run, all the powers which it might exercise under this Act or any regulation made thereunder if the said pipes or aqueducts were to run within the urban area.
When the Board has taken over the water supply service in any area under S. 18 or is in a position to supply water in any area where there is no such water supply service, the Board may, after serving at least three months’ notice in such manner as may be provided by regulations take over any independent water-supply system in the area belonging to—(a) the State Government, on such terms and conditions as the State Government may determine, and(b) any person, firm, Corporation or other organisation, on payment of compensation calculated on the basis of the market value on the date of service of the notice of all the properties connected with such system.
(1) The Board shall construct and maintain drains and sewers and provide a safe and sufficient outfall, in or outside the urban area, for effectual drainage and proper discharge of storm water and sewage of the urban area, after giving adequate treatment to the extent of norms prescribed for pollution control.(2) If the outfall deteriorates by the decay of existing river channel or otherwise, the State Government may require the Board to take at its cost such action as may be necessary to ensure a safe and sufficient outfall.
Power of the Board under S. 63 shall include the power to—(a) enlarge, arch—over or otherwise improve any of its drains, or(b) discontinue, close up or destroy any of its drains which has in its opinion become useless or unnecessary, or(c) construct any new drain in the place of an existing drain in any land wherein any of its drains has already been lawfully constructed, or repair or alter any drain so constructed:Provided that—(i) if, in the exercise of any of its powers conferred by this section, it is proposed to demolish any house-drain, a written notice shall be served upon the owner of such drain ; and(ii) if by reason of anything done under this section, any person is deprived of the lawful use of any drain, the Board shall as soon as possible, provide for his use some other drain as effectual as one which has been demolished, closed up or de
(1) Where it is necessary for the purpose of outfall or discharge of sewage to carry any drain of the Board outside the urban area, the Board may do so—(i) through, across or under any street or any place laid out as or intended for street, and(ii) after giving reasonable notice hi writing to the owner and occupier, into, through or under any land whatsoever or under any building.(2) In the exercise of any power under this section, the Board shall cause as little damage as possible to any property and shall pay compensation to any person who sustains damage in consequence of the exercise of such power.
The Board may, if necessary, make its drains to communicate with or empty themselves into any public drain, lake, stream, canal or watercourse outside the urban area and in so doing it may exercise throughout the line of country outside the urban area, through which the said drains are to run, all the powers which it might exercise under this Act if the said drains were to run entirely in the urban area.
The owner or occupier of any premises shall be entitled to cause his house-drain to empty into a drain of the Board; provided that, before doing so, he—(a) obtains a written permission of the Managing Director and pays connection fee in accordance with the regulations, and(b) complies with such conditions as the Managing Director may specify as to the mode in which, and the superintendence under which, communica#31;tions between house drains and the drains of the Board are to be made.
No person shall without complying with the provisions of S. 67 make or cause to be made any connection of a house drain with a drain of the Board.
When a house drain belonging to one or more persons has been laid in a private street which is common to more than one premises, and the Managing Director considers it desirable, any other premises should be drained into such dram, he may, by written notice, require the owner of such premises to connect his house-drain with such first-mentioned drain and the owner of such first mentioned drain shall thereupon be bound to permit such connection to be made:Provided that no such connection shall be made except upon such terms as may be provided by the regulations and until any payment which may be directed by the Managing Director in accordance with the regulations, has been duly made.
When any premises are, in the opinion of the Managing Director, without sufficient means of effectual drainage, he may by written notice require the owner of the said premises—(a) to make house-drain emptying into a drain of the Board;(b) to provide and set up all such appliances and fittings, as may appear to the Managing Director necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said premises and of effectually flushing such house-drain and every fixture connected there#31;with ; or(c) to remove any existing house-drain, or other appliance or thing used or intended to be used for drainage which is injurious to health:Provided that—(i) in cases where the drain of the Board is beyond seventy metres from the premises the cost of constructing the portion of the house-drain beyond seventy metres from the prem
Where any premises are without privy or urinal accommodation or if the Managing Director is of the opinion that the existing accommodation thereof available for the persons occupying or using the premises is insufficient, inefficient, or for sanitary reasons objectionable, the Managing Director may, notwithstanding anything contained in any law governing any Municipal Corporation or Municipal Board or Town Committee, as the case may be, or in any rule or bye-law made thereunder, by written notice, require the owner of such premises to—(a) provide such or such additional privy or urinal accommodation as he may specify, or(b) make such structural or other alterations in the existing privy or urinal accommodation as he may specify, or(c) substitute privy or urinal accommodation directly connected with a sewer for any service privy or service urinal accommodation, within ninety days
When a notice has been issued under S. 71 in respect of any privy, urinal or group of privies or urinals and the Managing Director is satisfied that the owner of the land or building on or in which any such privy or urinal is situated is unable to pay the whole or part of the expenses of carrying out the work required by the notice, he may, with the previous approval of the Board, direct that such expenses or such portion thereof be paid out of the fund of the Board.
(1) If any house-drain, ventilation, shaft or pipe, cesspool, house gully, privy, urinal or bathing or washing place in any premises is found on inspection and examination by the Managing Director or by any other officer authorised by him in this behalf to be not in good order or condition, or constructed in contravention of any of the provisions of this Act, or rule or bye-law made under the same, prevailing at the time of such construction, the Managing Director may by written notice require the owner of the premises—(a) to close or remove the same or any encroachment thereupon; or(b) to renew, repair, cover, re-cover, trap, ventilate, pave any pitch, flush, or cleanse or take such other action as he may think necessary hi this regard.(2) In any such case the Managing Director may forthwith and without notice—(a) Stop up or demolish any house drain by which sewage, of
Drains, privies and urinals and all appurtenances thereof shall be constructed, maintained, repaired, altered and regulated in accordance with such regulations as may be made.
Under the provisions of this Chapter and Chapter IX, the Managing Director may require the owner of any premises to carry out any work, he may, and if he considers it desirable so to do require the occupier of the said premises to carry out such work and the occupier shall be bound to comply with the requisition :Provided that except in the case of a special agreement to the contrary, such occupier may deduct the amount of the expenses reasonably incurred or paid by him in respect of such work from the rent payable to the owner or may recover the same from him in any court of competent jurisdiction.Explanation. An occupier who is a tenant shall be deemed to have given his written consent to any expenditure incurred for any work done in pursuance of Chapters IX and X of this Act which amounts to an improvement.
(1) When the Board has taken any of the services relating to sewerage and drainage where there is no such service, the Board may, after serving at least three months’ notice in such manner as may be provided by regulations, take over any independent sewerage or drainage system in the area belonging to—(a) the State Government on such terms and conditions as the State Government may determine; and(b) any person, firm, corporation or other organisation, on payment of compensation calculated on the basis of the market value on the date of service of the notice of all the properties connected with such system.(2) Notwithstanding anything to the contrary contained in the Assam Municipal Act, 1956 and the Gauhati Municipal Corporation Act, 1969, and any other Municipal Corporation Act which may come into force from to time to time after the Board has taken over the Municipal services r
No court shall take cognizance of any offence under this Act or any rule or regulation made thereunder except on the complaint of an officer of the Board authorised by it in this behalf.
Whoever contravenes the provisions of this Act or of any rule or regulation made thereunder shall be punishable with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.CHAPTER XIIMiscellaneous
The Board may, for the purpose of carrying out its functions, undertake survey within and outside the urban area and for that purpose it shall be lawful for any officer of the Board—(a) to enter upon and take level of any land;(b) to dig or bore into the sub-soil;(c) to mark levels and boundaries by placing marks and cutting trenches; and(d) where otherwise the survey cannot be completed and levels taken and boundaries marked, to cut down and clear away any part of any standing crop, fence or jungle:Provided that before entering upon any land the Board shall give notice of its intention to do so in such manner as may be provided by regulations.
The Board may from time to time place and maintain pipes, drains and other installations upon, along, across or under any immovable property and enter upon such property for such purpose and for the purposes of examining, repairing, altering or removing such pipe, drains and installations:Provided that the Board shall not acquire any right other than that of user only in the property upon, along, across or under which the Board place the pipes, drains and other installations;Provided further that before commencing any operation under this section, the Board shall give notice of its intention to do so in such manner as may be provided by regulations.
While exercising any power conferred upon the Board under Ss. 79 and 80, the Board shall cause as little damage as possible to any property, and shall pay compensation to all persons interested in any such property, not being a property of the State Government, for any damage sustained by them in consequence of the exercise of such power.
The Board may for the purpose of carrying out functions under this Act, with the previous sanction of the State Government, compulsorily acquire any land with or without structure thereon under the provisions of the Land Acquisition Act, 1894 as amended from tune to time.
When any land has been acquired in pursuance of S. 82, the Collector within whose jurisdiction the land is situated shall, upon payment of the cost of acquisition, make over charge of land to the; Board, and the land shall thereupon vest in the Board, subject to the liability of the Board to pay any further cost which may have been incurred on account of its acquisition.
Subject to the provisions contained in S. 8, for all appointments under the said section the method of recruitment, qualifications, pay and other terms and conditions of service shall be such as may be provided by regulations.
(1) All officers and employees of the Board shall be subordinate to the Managing Director.(2) Any officer or employee aggrieved by an order or decision of the Managing Director or any other officer authorised by the Managing Director in this behalf inflicting punishment on him, may appeal to the Board and the decision of the Board thereon shall be final.S.91]
The exercise of any power delegated under this section shall be subject to such restriction and conditions as may be specified in the order and also to control and revision by the Government or by such officer as may be empowered by the Government in this behalf or, as the case may be, by the Board or such officer as may be empowered by the Board in this behalf.
The Managing Director may, subject to the control of the Board—(i) institute, defend or withdraw from legal proceedings instituted under this Act or any rules made thereunder;(ii) compound any offence against this Act or any rules made thereunder which, under any law for the time being in force or the rules prescribed by the Government may lawfully be compounded;(iii) admit, compromise or withdraw any claim made under this Act or any rules or bye-laws or schemes made thereunder; and(iv) obtain legal advice and assistance as may, from time to time, think necessary or expedient to obtain, or as may be desired by the Board to obtain for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power of any officer or employee of the Board.
The Government may issue to the Board such order and direction as are necessary or expedient for carrying out the purposes of this Act and the Board shall give effect to all such orders and directions.
(1) When a dispute exists between the Board and one or more other local authority or among local authorities in regard to any matter arising under the provisions of this Act, and the State Government are of the opinion that the parties are unable to settle it amicably among themselves, they may take cognizance of the dispute and decide it themselves.(2) The decision of the State Government thereon shall be binding on the Board and the local authorities concerned and shall not be liable to be questioned in any court of law.
Save as otherwise provided hi this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in it, any other law for the time being in force or any custom, usage or contract or decree or order of a court or other authority, and the provisions which do not suffer from any such inconsistency shall be in addition to and not in derogation of any other law for the time being in force.
No suit shall be instituted against the Board, or any Director, or any officer or employee of the Board, or any person acting under direction of the Board, or of the Chairman or Managing Director or any officer or employee of the Board, in respect of any act done or intended to be done under this Act or any rule or bye-law or scheme made thereunder until the expiration of sixty days next after written notice has been delivered or left at the Board’s office or the place of abode of such officer, employee or person, stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims, and the plaint must contain a statement as to whether such notice has been so delivered or left.
(1) When any person is convicted of any offence under this Act or any rule or bye-law or scheme made thereunder, the Magistrate convicting such person may, on application made in this behalf by the Board or by its officer or employee authorised by it in this behalf, call upon such person forthwith to show cause as to why he should not pay compensation to the Board for damage caused by the commission or omission in respect of which he is convicted.(2) The Magistrate shall record and consider any cause which such person may show and if the Magistrate, after making such enquiry as he may think fit, is satisfied that such person is liable to pay compensation, he may direct that a sum, not exceeding one thousand rupees as he may determine, be paid by such person as compensation to the Board.(3) The amount of compensation directed to be paid under sub-S. (2) shall, if it be not paid forthwith, b
No person shall remove any mark placed, or fill up any trench cut, for the purpose of marking levels and boundaries by the Board under the provisions of this Act.
(1) If any amount due to the Board in accordance with the terms of a contract or otherwise or any sum payable in connection therewith, or any dues referred to in S. 44 of this Act, has not been paid by the person liable for payment of the dues within thirty days from the service of notice of demand, such sum together with all costs and penalties, if any, may be recovered under a warrant issued in the form to be prescribed by distress and sale of the movable property or the attachment and sale of the immovable property of the defaulter.(2) Where the property is in the urban area, the warrant shall be addressed to an employee of the Board and where the property is outside the urban area, to the Collector of the district concerned, who shall proceed to collect it as arrear of land revenue:Provided that the employee to whom the warrant is addressed may endorse such warrant to a subordinate emp
(1) All orders and decision of the Board shall be authenticated by the signature of the Secretary or any officer of the Board authorised in writing by the Board in this behalf.(2) The Managing Director or any officer of the Board authorised in writing in this behalf may sign on behalf of the Board any agreement or other instrument to be executed on behalf of the Board.
Every notice or bill which is required by this Act or by any rule or bye-law made thereunder to bear the signature of the Managing Director or any other Director or of any officer or employee of the Board, shall be deemed to be properly signed if it bears the facsimile of the signature of the Managing Director or such other Director or such officer or employee, as the case may be, stamped thereupon.
(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order or scheme made thereunder.(2) No suit or other legal proceedings shall lie against the Government, the Board or any committee thereof, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order or scheme made thereunder.
All officers and employees of the Board and any person entrusted with the execution of any function under this Act, shall be deemed to be public employees within the meaning of S. 21 of the Indian Penal Code (Central Act XLV of 1860).
The Board shall be deemed to be a local authority for the purposes of the Land Acquisition Act, 1894 (Central Act I of 1894) and the Local Authorities Loans Act, 1914 (Central Act IX of 1914).
(1) All Local Bodies shall render such help and assistance and furnish such information to the Board and shall make available for its inspection and examination and if necessary, preparation of copies from such records, maps, plan and other documents, as it may require to discharge its function under this Act.(2) Without prejudice to the provisions of sub-S. (1), every local body shall on demand make available free of 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, the State Government may give to any local body such direction as in its opinion may be necessary or expedient for enabling the Board to perform its functions un
All building plans submitted to Muni#31;cipal Corporation, Municipal Board, Town Committee or Development Authority for sanction shall conform to the bye-laws of the Board relating to water supply, drainage, privy and urinal accommodation within the premises and no building plan shall be sanctioned by the authorities of any Municipal Corporation, Municipal Board, Town Committee or Development Authority, unless the same so conforms.
(1) The value of all properties and assets vested under S. 18 shall, after notifying the date and time for the purpose and allowing an opportunity of being heard to the local authorities or others concerned, shall be determined by the Board, and such determination shall be final subject to an appeal which may be preferred within thirty days from the date of such determination to such Judicial Officer of the State Government not below the rank of a District Judge and in such manner as may be prescribed.(2) The value so determined under sub-S. (1) shall be entered in the Books of the Board as the value on the date of transfer.
It shall be lawful for the Managing Director or any officer authorised by him in this behalf to enter into or upon any land or building within the urban area with or without assistants or workmen in order to make any enquiry, inspec#31;tion, measurement or valuation, or to execute any work which is authorised by or under this Act or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule or regulation made thereunder :Provided that before entering upon such land or building, notice of the intention to do so shall be given to the owner or occupier or both in such manner as may be provided by regulations.
(1) The Managing Director or an officer authorised by him in this behalf may—(a) inspect and examine any house-drain, ventilation shaft or pipe, cess-pool, house-gully, privy, urinal or bathing or washing place existing in, or any pipe, tap fitting or meter for supply of water to any premises; and(b) if necessary for the purpose of such inspection and examination, cause the ground or any portion of any house-drain or other work exterior to a building or any portion of a building to be opened, broken up or removed:Provided that in the prosecution of any such inspection and examination as little damage as possible shall be done.(2) Any ground or any portion of any house drain or other work exterior to a building or any portion of a building opened, broken up or removed under Cl. (b) of sub-S. (1) shall be filled in, re-instated and made good by—(a) the owner of
(1) When any requisition or order is made under any of the provisions of this Act or any regulation made thereunder by a written notice issued by the Board or the Managing Director, a reasonable period shall, unless otherwise provided for under such provisions, be specified in such notice for carrying such requisition or order into effect, and a reasonable period shall also be specified therein within which any written objection thereto shall be received by the Managing Director.(2) Such written objection, if any, shall be heard and disposed of by the Managing Director after giving notice to the objector and the order of the Managing Director thereon shall be final.(3) If the requisition or the order is not complied with within the period specified in the notice or, if an objection has been referred and disallowed, within such extended time as may be specified in the order of disposal of t
(1)The compensation payable under Ss.62,65,76 and 81 shall be determined by the Managing Director or any other officer authorised by him in this behalf in such manner as may be prescribed; provided that where the amount of claim exceeds rupees twenty-five thousand, the Managing Director shall refer the claim to the Board which shall then determine compensation in such manner as may be prescribed.(2) Where several persons claim to be entitled to the compensation, the Board, the Managing Director or the officer, as the case may be, determining the amount of compensation under sub-S. (1) shall determine the persons who in its or his opinion, are so entitled and apportion the amount among them.(3) Determination of the amount of compensation under sub-S. (1) and of persons entitled thereto and apportionment thereof under sub-S. (2) shall, subject to appeal as hereinafter provided, be final.
(1) Any person aggrieved by an order of the Managing Director orthe officer determining the annual value of any land or building under S. 46 or by an order of the Board, the Managing Director or the officer, as the case may be, determin#31;ing the persons entitled thereto or apportioning the amount thereof under sub-S. (2) of the said section may, within sixty days from the date of such order, prefer an appeal to such authority as may be appointed by the State Government by notification.(2) No person shall be appointed under sub-S. (1) as an authority to hear appeals unless he is or has been a judicial officer for at least 10 years.(3) Appeals under sub-S. (1) shall be filed and heard in such manner as may be prescribed.
(1) No person shall, in any way, obstruct any Director, officer or employee of the Board in the discharge of any duty or the exercise of any power under this Act.(2) No person shall obstruct any person with whom the Board has entered into a contract, in the performance or execution by such person of his duty under, or hi doing anything which he is empowered to do by virtue of, or in consequence of, this Act or any rule or regulation made thereunder.
With effect from the date of vesting in the Board of any of the services of water supply, sewerage and drainage in any area, the provisions of the Assam Municipal Act, 1956 or the Gauhati Municipal Corporation Act, 1969 or any other Act for the time being in force relating to such services shall stand repealed in the area.
(1) It shall be the duty of every Police Officer—(a) to co-operate with the Board for carrying into effect and enforcing the provisions of this Act or any rule or regulation or scheme made thereunder;(b) to communicate without delay to the proper officer or employee of the Board any information, which such police officer received, of a design to commit, or of the commission of, any offence against this Act or any rule or regulation or scheme made thereunder; and(c) to assist the Board or any officer or employee of the Board reasonably demanding the aid of such police officer for the lawful exercise of any power vesting in the Board or any such officer or employee under this Act or any rule or regulation or scheme made thereunder.(2) Any police officer who omits or refuses to perform any duty imposed on him by this Act, shall be deemed to have committed the offence under
(1) Any police officer not below the rank of ahead constable, may arrest any person who commits in his presence, any offence against this Act or any rule or regulation or scheme made thereunder, if the name or address of such person be unknown to him and if such person on demand declares to give his name or address, or gives a name or address which such officer has reason to believe to be false.(2) No person so arrested shall be detained in custody after his true name and address are ascertained or for any longer time than is necessary for bringing him before a Magistrate and in no case shall such detention exceed twenty-four hours from the time of arrest without the orders of a Magistrate.
(1) If the person committing an offence under this Act is a company, every person, who at the time the offence v/as committed was-in-charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly :Provided that nothing contained in this section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was commit#31;ted without his knowledge, or that he exercised all due diligence to prevent the commis#31;sion of the offence.(2) Notwithstanding anything contained in sub-S. (1) where an offence under this Act has been committed by a company, and it is proved that the offence had been committed with the consent or connivance of, or is attributable to any neglect on the part of an
The Managing Director may, in cases of emergency, direct the execution of any work or the doing of any act which requires the sanction of the Board if the immediate execution or the doing of which is, in his opinion, necessary service or safety of the public and may also direct that the expenses of executing the work or of doing the act shall be paid from the funds of the Board:Provided that—(a) he shall not act under this section in contravention of any direction of the Board or Government prohibiting the execution of any particular work or the doing of any particular act;(b) he shall report the action taken by him under this section and the reasons thereof to the Board at its next meeting and shall also submit a copy of his report to the Government and the Board or the Government, as the case may be, may issue such directions as it or they may deem fit on such report.
(1) The Government may call for the records of any proceeding of the Board or any officer subordinate to the Board for the purposes of satisfying itself as to the legality or propriety of any order or proceedings and may pass such order with respect thereto as it think fit.(2) The Board may call for the records of any proceedings of any officer subordinate to it for the purpose of satisfying itself as to the legality or propriety of any order or proceedings and may pass such order with respect thereto as it think fit.(3) No order under sub-S. (1) or sub-S. (2) shall be made to the prejudice of any person unless he has had a reasonable opportunity of being heard.
(1) The State Government may 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—(a) all matters expressly required or allowed by this Act to be prescribed;(b) the qualifications for appointment of, and the grant of leave of absence to, the Vice-Chairman and the Managing Director of the Board;(c) the conditions of service of the Vice-Chairman, the Managing Director and the non-official directors including the payment of any honorarium or sitting fees for attending the meeting of the Board and any other allowances and the manner of filling casual vacancies in the office of the non-official directors of the Board;(d) the functions of the Board;(e) the conditions for the acquisition, transfer, etc., of any property by the Board;(f) the
(1) The Board may by notification make regulations or bye-laws not inconsistent with this Act, and the rules made thereunder, for the purpose of giving effect to the provisions of this Act.(2) In particular and without prejudice to the generality of the foregoing power, such regulations or bye-laws may provide for—(a) all matters expressly required or allowed by this Act to be prescribed by regulations;(b) terms and conditions of appointment and service and the scales of pay of officers and employees of the Board including the payment of travelling and daily allowances in respect of journeys undertaken by such officers and employees of the Board;(c) the supervision and control over the acts and proceedings of the officers and employees of the Board and the maintenance of discipline and conduct among the officers and employees of the Board ;(d) the procedure in
(1) Any water-tax or drainage-tax imposed by the local body concerned in respect of any urban area before the appointed day, and any notification, notice, order, direction, rule, bye-law or form in relation to such tax or to the provision of water-supply or sewerage or drainage services immediately before the appointed day, including any assessment or order for exemption of connection, disconnec#31;tion or reconnection made or granted, or 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 the urban area, and in force until other provision or order is made or other proceedings or action taken under this Act by the Board for imposition or assess#31;ment of such tax or for grant of such licence or connection or provision of such services
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